Legal Opinion
GDF Realty Investments, Ltd. v. Norton
Court of Appeals for the Fifth Circuit
Decided March 26, 2003No. 01-51099PublishedCited by 27 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
The Endangered Species Act of 1973, 16 U.S.C. § 1531, et seq. (ESA), contains a “take” provision, 16 U.S.C. § 1538(a)(1)(B). For this challenge to Congress’ Commerce Clause power, U.S. Const, art. I, § 8, cl. 3, at issue is whether ESA’s take provision is unconstitutional as applied to six species of subterranean invertebrates found only within two counties in Texas (Cave Species). Central to this question is whether, to demonstrate the requisite substantial effect on interstate commerce, Cave Species “takes” may be aggregated with those of all other…
2Cases cited28 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. SalernoSupreme Court of the United States · 1987
- United States v. LopezSupreme Court of the United States · 1995
- Gibbons v. OgdenSupreme Court of the United States · 1824
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
23 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- United States v. DeatonCourt of Appeals for the Fourth Circuit · 2003
- People for the Ethical Treatment of Property Owners v. United States Fish & Wildlife ServiceCourt of Appeals for the Tenth Circuit · 2017
- San Luis & Delta-Mendota Water Authority v. SalazarCourt of Appeals for the Ninth Circuit · 2011
- United States v. DeatonCourt of Appeals for the Fourth Circuit · 2003
- Markle Interests, L.L.C. v. United States Fish & Wildlife ServiceCourt of Appeals for the Fifth Circuit · 2016
22 more not listed; retrieve them via the Exa API.