Industry Win On Constitutional Limits To ESA Could Cut EPA's Authority

A new federal district court decision finding the Commerce Clause limits the reach of the Endangered Species Act (ESA) could significantly restrict EPA's powers to regulate air and water discharges if it survives appeal, but sources say it could take Supreme Court intervention to preserve the decision as circuit courts have generally upheld the ESA against constitutional challenges. "All the environmental laws are based on the Commerce Clause, and any restraint the courts, especially the Supreme Court, place on it...