Anthony T. Caso is a Clinical Professor of Law at Chapman University’s Dale E. Fowler School of Law, where he serves as Director of the Constitutional Jurisprudence Clinic. Michael C. Blumm is Jeffrey Bain Faculty Scholar & Professor of Law at Lewis and Clark Law School, where he has taught natural resources law for nearly four decades; he is one of 42 law professors who signed on to an amicus brief in support of the prairie dog regulation, from which this comment is adapted.