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· 2/8/2007

Alabama-Tombigbee Rivers Coalition v. Kempthorne

Citations

  • 477 F.3d 1250
  • 37 Envtl. L. Rep. (Envtl. Law Inst.) 20040
  • 63 ERC (BNA) 2098
  • 2007 U.S. App. LEXIS 2783
  • 2007 WL 414327

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • upholding regulation of purely intrastate, noncommercial Alabama sturgeon as essential part of ESA’s comprehensive regulatory scheme
  • considering Commerce Clause challenge to final rule listing the Alabama sturgeon as endangered under the theory that “Congress has exceeded the power granted to it under the Commerce Clause by authorizing protection of the Alabama Sturgeon”
  • “Because a species’ scientific or other commercial value is not dependent on whether its habitat straddles a state line, Congress had good reason to include all species within the protection of the Act. It did not behave irrationally by taking the broader approach.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Marcus, Kravitch

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.