Gibbs v. Babbitt

Authors
Citation
D. Owen, Gibbs v. Babbitt, ECOL LAW Q, 28(2), 2001, pp. 377-398
Citations number
15
Language
INGLESE
art.tipo
Article
Categorie Soggetti
Law
Journal title
ECOLOGY LAW QUARTERLY
ISSN journal
0046-1121 → ACNP
Volume
28
Issue
2
Year of publication
2001
Pages
377 - 398
Database
ISI
SICI code
0046-1121(2001)28:2<377:GVB>2.0.ZU;2-V
Abstract
In Gibbs v. Babbitt, the Fourth Circuit upheld the Endangered Species Act's take provision against a Commerce Clause challenge. The court found that f ederal regulation of the take of red wolves on private land was consistent with the precedents set by the Supreme Court in U.S. v. Lopez and U,S. v, M orrison and described a range of ways in which endangered species may be co nnected to interstate commerce. While connections between wolves and commer ce were particularly strong, Gibbs, in combination with several other simil ar cases, may signal that Congress' Commerce Clause power allows regulation of all take of endangered species.