Post by: bearpaw on December 01, 2014, 11:13:17 AM
by Theodora Dowling, WLJ Correspondent
— Judge makes history with prairie dog ruling
Would you believe that, for the first time ever, a federal judge ruled this month that the Endangered Species Act does not give the federal government unfettered authority to regulate your private property?*
The concept may seem like a no-brainer. Yet, the step was unprecedented: a federal judge for the District of Utah ruled on Nov. 4th that the Constitution does not allow ESA “protections” to trump private property rights.*
Thanks to a group of landowners and concerned citizens in southwestern Utah who took the federal government to court over prairie dog regulations, implementation of the ESA could see a nationwide change of course. Federal Judge Dee Benson ruled that the Constitution does not give the federal government the power to regulate an “intrastate species” (one that populates just one state) that has no commercial value.
read more here: http://www.wlj.net/article-10489-the-constitution-does-apply-even-to-esa.html (http://www.wlj.net/article-10489-the-constitution-does-apply-even-to-esa.html)
Post by: Bean Counter on December 01, 2014, 11:20:11 AM
Post by: Humptulips on December 02, 2014, 08:16:43 PM
Post by: huntrights on December 03, 2014, 10:54:53 PM
This could be an opportunity to push back against private property rights abuses due to the Mazama Pocket Gopher in south Thurston County. The ESA has clearly been abused by animal rights zealots. It's about time for the pendulum to swing back to protecting our individual rights.
Post by: KFhunter on December 03, 2014, 10:59:04 PM
Quote
Stevens County Commissioners adopted a resolution on Aug. 29, 2014, advising citizens of their “constitutional right” to kill wolves under some circumstances. Washington Fish and Wildlife officials disagreed with the advice, noting it was vague and could result in citizens violating the state’s endangered species laws.
Post by: idahohuntr on December 03, 2014, 11:25:44 PM
I'm thinking Stevens CO's recent resolution just got some bigger teeth.Not so much...Washington has a state endangered species act law, entirely different and separate from the federal ESA law discussed in this thread. Nothing in that article pertains to wolves/stevens county etc. where wolves have been federally de-listed for some time.QuoteStevens County Commissioners adopted a resolution on Aug. 29, 2014, advising citizens of their “constitutional right” to kill wolves under some circumstances. Washington Fish and Wildlife officials disagreed with the advice, noting it was vague and could result in citizens violating the state’s endangered species laws.