Date: September 23, 2013

People for the Ethical Treatment
of Property Owners v. US FWS
– Regulatory Reform
Tenth Circuit Federal Court of
Appeal – 5/26/15

Small Business Legal Center joined with the Chamber of Commerce in support of
property owners challenging the regulatory authority of the U.S. Fish and
Wildlife Services to enforce Endangered Species Act (ESA) restrictions for the
Utah Prairie Dog. The U.S. District Court for the District of Utah held that
the federal government has no authority to enforce ESA restrictions with regard
to this species because it is found only in Utah, has no commercial value and
has no impact on interstate commerce. Our joint-amicus brief emphasizes
that the Commerce Clause has meaningful limitations and that ignoring those
limitations has severe adverse impacts on businesses in this case.


you have a case that impacts small business, please contact us at
1-800-552-NFIB or email us at [email protected] as we are actively looking
for opportunities to weigh in on important issues in this state. NFIB Small
Business Legal Center is involved in many cases that impact this state and
others; to see our complete list of Supreme Court cases click on Washington, DC
on the interactive map.


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