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Full-Text Articles in Law
Nepa For The Gander: Nepa’S Application To Critical Habitat Designations And Other “Benevolent” Federal Action, Jonathan M. Cosco
Nepa For The Gander: Nepa’S Application To Critical Habitat Designations And Other “Benevolent” Federal Action, Jonathan M. Cosco
Duke Environmental Law & Policy Forum
No abstract provided.
The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John C. Nagle
The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John C. Nagle
Journal Articles
Is the Endangered Species Act constitutional? The D.C. Circuit considered that question in National Association of Home Builders v. Babbitt in 1997. More specifically, the case considered whether the congressional power to regulate interstate commerce authorized the ESA's prohibition upon building a large regional hospital in the habitat of an endangered fly that lives only in a small area of southern California. The three judges on the D.C. Circuit approached the question from three different perspectives: the relationship between biodiversity as a whole and interstate commerce, the relationship between the fly and interstate commerce, and the relationship between the hospital …