Court Strikes Down ESA Protections for Prairie Dog

Image Credit: Dean Biggins, USGS

A federal judge struck down protection for a species of prairie dog in Utah last week. U.S. District Court Judge Dee Benson reasoned that since the prairie dog’s range is entirely within Utah, the Commerce Clause of the U.S. Constitution does not apply and any federal regulation is therefore not applicable. The ruling is at odds with several past rulings dealing with species residing entirely within one state and may set up future litigation at higher courts.
Read more at the Washington Post