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Reply #41: The endangered species decision is of concern [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
lumberjack_jeff Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 09:22 AM
Response to Reply #35
41. The endangered species decision is of concern
Her view on the GDF Realty Investments v. Norton, 2004 dissent appears to be that the Endangered Species Act is inapplicable to a developer who wishes to build in endangered species habitat because it has no relevance to interstate commerce.

I have a hard time envisioning an application of the ESA in which interstate commerce is materially affected. In other words, it would appear to me that SC Justice Clement would hold ESA unconstitutional.

I think this is as good as it gets.
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