TITLE

Gibbs v. Babbitt

AUTHOR(S)
Owen, Dave
PUB. DATE
August 2001
SOURCE
Ecology Law Quarterly;2001, Vol. 28 Issue 2, p377
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In Gibbs v. Babbitt, the Fourth Circuit upheld the Endangered Species Act's take provision against a Commerce Clause challenge. The court found that federal regulation of the take of red wolves on private land was consistent with the precedents set by the Supreme Court in U.S. v. Lopez and U.S. v. Morrison and described a range of ways in which endangered species may be connected to interstate commerce. While connections between wolves and commerce were particularly strong, Gibbs, in combination with several other similar cases, may signal that Congress' Commerce Clause power allows regulation of all take of endangered species.
ACCESSION #
4850070

 

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