On April 14, 1999, WLF filed a brief on behalf of itself and the Allied Educational Foundation in the case, urging the court to strike down a regulation promulgated by the Department of Interior’s Fish & Wildlife Service that greatly restricts the rights of property owners to defend themselves and their property against the threat posed by the red wolf, an endangered species. WLF argued that the Endangered Species Act (ESA), as applied in this case, exceeds the power of Congress under the Commerce Clause of the Constitution to regulate interstate. WLF argued that this interstate commerce connection was too tenuous and would allow the federal government to regulate almost all local land use activity.
