The Endangered Delhi Sands Flower-Loving Fly
Case Number: SLS No. 98-021
Title: The Endangered Delhi Sands Flower-Loving Fly, Part I
Case Files:
Author: Josh Eagle, Case Writer; Barton H. (“Buzz”) Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: The County of San Bernardino, California has purchased land upon which it intends to construct a new hospital. Prior to the commencement of this project, the Delhi Sands flower-loving fly is listed as an endangered species under the Endangered Species Act. The U.S. Fish and Wildlife Service believes that construction of the hospital would constitute a “take” of the endangered fly by destroying its habitat. Through an iterative process, the County and the Fish and Wildlife Service modify the County’s plans to avoid a take. Eventually, this agreement is threatened by the County’s need to construct a new interchange leading from a nearby interstate to the hospital. The Department of Interior attorney assigned to the matter must decide whether and how this new construction can legally proceed.
Key Words: Endangered Species Act, endangered species, Delhi Sands flower-loving fly, habitat, Habitat Conservation Plan, protection of endangered species on private land.
Case Number: SLS No. 98-022
Title: The Endangered Delhi Sands Flower-Loving Fly, Part II
Case Files:
Teaching Note: SLS No. 98-023 (forthcoming)
Author: Josh Eagle, Case Writer; Barton H. (“Buzz”) Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: Part II of this case study examines the federal lawsuit eventually brought by the County of San Bernardino (and others) against the U.S. government. The plaintiffs argue that the Commerce Clause of the U.S. Constitution does not give Congress the Authority to pass a law prohibiting the take of a purely intrastate species. The federal government and environmental groups argue that federal protection of intrastate endangered species is constitutional.
Key Words: Commerce Clause, constitution, intrastate species, Endangered Species Act, endangered species, Delhi Sands flower-loving fly, habitat, protection of endangered species on private land.