National Association of Home Builders v. Babbitt
United States Court of Appeals for the District of Columbia Circuit
130 F.3d 1041 (D.C. Cir. 1997)
The National Association of Home Builders and San Bernardino County (plaintiffs) sued Interior Secretary Bruce Babbitt and the U.S. Fish and Wildlife Service (defendants), challenging application of ESA section 9(a)(1)'s prohibition on 'taking' endangered species to the endangered Delhi Sands Flower-Loving Fly, whose entire habitat sat on land where plaintiffs wanted to build a large hospital complex; plaintiffs argued applying the statute exceeded Congress's Commerce Clause authority, and the district court granted the defendants summary judgment, prompting the plaintiffs' appeal.
Whether section 9(a)(1) of the Endangered Species Act is a valid use of Congress's Commerce Clause authority to protect endangered or threatened species.