On March 1, 2004, the U.S. Supreme Court declined to review an appeals court decision that effectively removes all limits on Congress’s Commerce Clause power to regulate land use. The decision was a setback for WLF, which filed a brief urging review. The U.S. Department of Interior has claimed that it is empowered under the Endangered Species Act to prevent residential development that might have adverse effects on a rare species of toad, and the appeals court upheld that claim. WLF argued that Congress lacks constitutional authority to regulate land use for the purpose of protecting the toad, because the toad does not travel in interstate commerce — it is found only in California.