SoCal Developer's Constitutional Challenge of ESA Fails

The U.S. Court of Appeals for the District of Columbia has turned back a San Diego developer’s broad attack on the Endangered Species Act as an unconstitutional exercise of federal power.

Rancho Viejo LLC argued that the federal government had exceeded the authority granted to it by the constitution’s Commerce Clause, and the developer pointed to two recent Supreme Court decisions striking down laws because they exceeded Congress’s authority under the clause.

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