People for the Ethical Treatment of Property Owners v United States Fish and Wildlife Service and Friends of Animals, Intervenor.

Service and friends appealed summary judgment to Owners which enjoined Endangered Species Act protections for the Utah prairie dog on nonfederal land. The panel reversed. It held that Owners had standing as their claim is congress lacked power to regulate Owners conduct to protect the Utah prairie dog not that the special rules covering takings of Utah prairie dogs was infirm but the broader general ban on taking protected animals was not. It held that Congress had power under the commerce clause to protect the Utah prairie dog on nonfederal land because endangered Species Act is a comprehensive regulatory scheme for the protection of endangered and threatened species which, in aggregate, substantially affects interstate commerce; thee is substantial relation between the Act and commerce because it prevents economic development and commercial activities, promotes long term commerce by conserving species and there an illegal wildlife trade fueled in part by the Act’s prohibitions; and excluding intrastate species like to]he Utah prairie dog would severely undercut the Act as 67% of species are intrastate and thus there is a rational basis for Congress to include those species in the scheme. The panel noted that it was joining all other circuits to consider the matter and further held that Congress can delegate its authority to Service to promulgate turtles to protect the Utah prairie dog and did so under the Act.