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Bone Cave Harvestman Protections Unconstitutional, 5th Cir. Told

July 15, 2020, 9:39 PM

Regulating “take” of the rare, spider-like Bone Cave harvestman doesn’t relate to interstate commerce, and acting like it does would give Congress “unlimited regulatory authority,” public policy groups say in urging the Fifth Circuit to rehear a case.

John Yearwood and Williamson County, Texas, argued that Endangered Species Act protections for the arachnid species, found only in Texas, exceed Congress’ power under the commerce clause. They seek its removal from the ESA’s endangered species list.

A lower court said the county’s claim was time-barred, and that regulation of the Bone Cave harvestman is an “essential part of the economic scheme”...

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