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· 11/14/2023

Gibson v. 526 W. 158th St. Hous. Dev. Fund Corp.

Citations

  • 2023 NY Slip Op 05686

How courts have described this case

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

  • noting that “ozone causes annual crop losses of $2 to $3 billion per year”
  • rejecting notion that endangered species of fly found only in California was “thing in interstate commerce,” in action challenging constitutionality of “taking” provision of ESA
  • analogizing treatment of the regulation of destruction of endangered species to the ESA to regulation of destruction of the natural landscape under the Surface Mining Act
  • \A class of activities can substantially affect interstate commerce regardless of whether the activity at issue--in this case the taking of endangered species--is commercial or noncommercial.\
  • \A class of activities can substantially affect interstate commerce regardless of whether the activity at issue--in this case the taking of endangered species--is commercial or noncommercial.\
  • “In the aggregate ... we can be certain that the extinction of species and the attendant decline in biodiversity will have a real and predictable effect on interstate commerce.”

Source: CourtListener parenthetical corpus (CC0).

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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.