Rancho Viejo, LLC v. Norton

323 F.3d 1062 (2003)

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Rancho Viejo, LLC v. Norton

United States Court of Appeals for the District of Columbia Circuit
323 F.3d 1062 (2003)

  • Written by Robert Cane, JD

Facts

The secretary of the United States Department of the Interior, Gale Norton (defendant) listed the arroyo southwestern toad as an endangered species in 1994. In 1999, Rancho Viejo, LLC (plaintiff), a real estate developer, sought regulatory approvals for a 202-acre housing development next to an interstate highway. The United States Fish and Wildlife Service (the service) (defendant) determined that Rancho Viejo’s construction plan would jeopardize the existence of the arroyo toad in violation of the Endangered Species Act (the act). The service proposed an alternative construction plan that would have allowed Rancho Viejo to construct its housing development. Rancho Viejo refused to accept the alternative plan and filed suit. Rancho Viejo argued that the application of the Endangered Species Act was an unconstitutional exercise of the federal government’s authority under the Commerce Clause of the United States Constitution. Both Rancho Viejo and the government filed cross-motions for summary judgment. The district court granted summary judgment in favor of the government. Rancho Viejo appealed.

Rule of Law

Issue

Holding and Reasoning (Garland, J.)

Concurrence (Ginsburg, C.J.)

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