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Professors’ Amicus Brief Followed in the 10th Circuit

Posted on Friday 3/31/2017
Dineen Hall

In 2015, University Professor David M. Driesen and Legal Writing Professor Emily Brown wrote an amicus brief on behalf of a group of constitutional law professors, including Board of Advisors Distinguished Professor Bill Banks, asking the 10th Circuit to reverse a decision to strike down Endangered Species Act (ESA) protection of the Utah Prairie Dog as beyond the federal power to regulate interstate commerce. The brief argued that the ESA regulates interstate commerce by tempering economic activity. On March 29, 2017, the 10th Circuit unanimously ruled in favor of the ESA and the Utah Prairie Dog’s survival employing reasoning closely tracking the rationale developed in the amicus brief.