United States DC Circuit

Application of the Endangered Species Act to a commercial housing development which threatened the continued existence of an endangered species was a constitutional exercise of federal authority under the Commerce Clause.

Appellate Information

• Argued 11/12/2002
• Decided 04/01/2003
• Published 04/01/2003

Judges

• Before:  GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John C. Eastman argued the cause for appellant.   With him on the briefs were Hugh Hewitt, Steven B. Imhoof, John W. Wilmer, Jr., and Gregory D. Russell., M. Reed Hopper and Anne M. Hayes were on the brief for amicus curiae Pacific Legal Foundation in support of reversal.


• For Appellees:
  
• Katherine J. Barton, Attorney, U.S. Department of Justice, argued the cause for appellees.   With her on the brief were Ellen J. Durkee and Seth M. Barsky, Attorneys.  David C. Shilton, Attorney, entered an appearance.