U.S. Court of Appeals for the Tenth Circuit

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Rehearing en banc denied

August 08, 2017

Click here to view the order.

U.S. Chamber urges Tenth Circuit to grant rehearing en banc, save Utah prairie dog from ESA regulation

May 22, 2017

The U.S. Chamber filed an amicus brief urging the Tenth Circuit to grant rehearing en banc and block the U.S. Fish and Wildlife Service’s (“FWS”) attempt to regulate under the Endangered Species Act an animal that lives wholly within one State exceeds its Commerce Clause authority.

The animal species at issue here is the Utah prairie dog, which lives exclusively within Utah. Because there was no evidence that this prairie dog is an interstate commodity, or that any other species relies on the prairie dog for survival, FWS lacks authority under the Commerce Clause to regulate takes of the Utah prairie dog on private land.

The U.S. Chamber filed this brief jointly with the National Federation of Independent Business.

William S. Consovoy and J. Michael Connolly of Consovoy McCarthy PLLC served as counsel for the U.S. Chamber Litigation Center in this case.

Case Documents