| ESA Challenge Before the U.S. Supreme Court 9/24/04 It's taken almost four years and a sizeable amount of money, but the lawsuit known as GDF Realty v. Gale Norton has finally arrived to the doorstep of the U.S. Supreme Court. Funded by the American Land Foundation, the case is challenging the constitutionality of the Take provision of the Endangered Species Act [ESA]. Six cave bugs listed over 16 years ago have prevented Fred Purcell, the landowner, from obtaining a Take permit from the U.S. Fish and Wildlife Service, even though he has performed every requirement thrown at him by the government. If the Court accepts the petition to be heard, there is a chance that the ESA could be restricted from regulating endangered species found on private property that have no commercial value and are not traded in interstate commerce. That means over half of all species listed would be affected by the outcome of this case. Six judges at the Fifth Circuit agreed with ALF and there is hope the Supreme Court will agree with them.
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