Utah rodent in middle of ideological tug of war

Against the backdrop of the Trump Administration’s determined deregulatory efforts, the Tenth Circuit Court of Appeals (which covers Colorado) recently affirmed substantial federal authority to regulate activity on private lands.  While the court delivered its opinion in the context of the Endangered Species Act, the case has broader implications for environmental regulation in general.

Congress passed the modern day ESA in 1973, with barely a dissenting vote.  The Act’s main goal is to conserve threatened and endangered species, along with their supporting ecosystems.  The ESA quickly gained a reputation as one of the…