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James

US FWS v. Natl Assoc Home Builders
Asks Whether, consistent with the Commerce Clause, the United States Fish and Wildlife Service may regulate the “taking” of an endangered fly that lives solely within an eight-mile radius in California, has never been transported or traded in interstate commerce, and has no commercial value, solely on the basis that species protection in general “substantially affects” interstate commerce.

In this case, the Service applied the ESA to regulate the habitat of the Delhi Sands Flower-Loving Fly (“Fly”)—an insect that does not exist outside an eight-mile radius in California, has never been transported or traded in interstate commerce, and has no commercial value. The Service charged that San Bernardino County’s construction of a public hospital complex would disturb the Fly’s habitat, in violation of the Act. The County attempted to accommodate the Service—at an additional cost to taxpayers of $3.5 million—by moving the hospital...

Posted by: Veronica Gardner

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