X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Hunter Schuehle pumps water from the Edwards Aquifer in Texas. He challenges the constitutionality of the Take Provision of the Endangered Species Act, 16 U.S.C. � 1538(a)(1)(B), as applied to the endangered and threatened species living at San Marcos and Comal Springs. Schuehle seeks a declaration that the Take Provision exceeds Congress’ power under the Commerce Clause. The district court granted summary judgment to Appellees Gale Norton, Jamie Rappaport, and the Sierra Club, concluding that the Take Provision was a valid exercise of Congress’ enumerated powers. These rulings followed the district court’s decision that Schuehle has standing and the case is ripe. We are persuaded that this suit does not present justiciable issues and the district court was without jurisdiction to decide the case.

I.

The Take Provision, Section 9(a)(1)(B) of the ESA, makes it unlawful for any person to “take” a listed species. To “take” a species is defined by the ESA as to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect” a member of a listed species. To “harm” is defined by regulation to mean “an act which actually kills or injures wildlife.”*fn1 Violation of the Take Provision can result in civil penalties of up to $25,000 for each knowing violation, criminal penalties of up to $50,000 and imprisonment for up to one year.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
TBC, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
TBC

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More

COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered


We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

Attorneys-Solicitor General Division


Attorneys Solicitor General Division: The West Virginia Attorney General's Office is accepting applications for attorneys in the Solicitor...


Apply Now ›

CIVIL LITIGATION ATTORNEY -NEW YORK


Regional mid-sized firm with diverse civil litigation practice seeking hardworking and dedicated attorneys with 1-5 years experience for it...


Apply Now ›

POND LEHOCKY STERN GIORDANO

06/06/2023
TLI Web

Pond Lehocky Giordano LLP would like to announce that....


View Announcement ›

HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC

06/05/2023
NJLJ Web

HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC's Matrimonial & Family Practice Warmly Welcomes the Honorable Peter J. Melchionne (Ret.) to Lead its New Family Law Dispute Resolution Team.


View Announcement ›

GIBBONS PC

06/05/2023
NJLJ Web

Gibbons PC would like to announce that...


View Announcement ›