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Full-Text Articles in Law
Biodiversity And Mom, John C. Nagle
Biodiversity And Mom, John C. Nagle
Journal Articles
In December 1973, Congress enacted the Endangered Species Act (ESA). The law was the latest, and greatest, federal effort to prevent wildlife from becoming extinct. The members of Congress who voted for the law always mentioned bald eagles, grizzly bears, whooping cranes, alligators, and whales—the animals, in short, that today are most likely to be memorialized as Beanie Babies. They were also aware of the species that had already disappeared from the earth, such as the passenger pigeon and the great auk. Such images yielded an overwhelming vote in favor of the law. President Nixon signed it on December 28, …
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 …