While we’re still having fun making the Democratic rubble bounce from Tuesday’s carpet bombing, there was an important federal district court case ruling yesterday out of Utah that promises to put a crimp in the Endangered Species Act if it is upheld on appeal. Jonathan Adler reports:
This afternoon a district court in Utah held that the federal prohibition against “taking” Utah prairie dogs — listed as “threatened” under the Endangered Species Act — exceeds the scope of federal power under the Commerce and Necessary and Proper clauses. . . This decision is significant if for no other reason that it is the first time that a federal court has held that the regulation of private land use exceeds the scope of Congress’s enumerated powers.
For more on the case, wander over to the Pacific Legal Foundation, which brought the case.