South Dakota Backs Ruling Tossing Federal Prairie Dog Rules
PIERRE, S.D. (AP) — South Dakota is among nine states that are stepping into a lawsuit over the Utah prairie dog.
The attorneys general are asking an appeals court to uphold a ruling striking down federal protections for the Utah prairie dog on private property.
South Dakota Attorney General Marty Jackley says federal regulation of the white or black-tailed prairie dogs on state, local or private land encroaches on powers reserved to the states under the 10th Amendment and individual property rights.
But federal attorneys counter that most protected species live only in a single state and courts have long upheld federal authority to manage them. They are appealing a ruling from a federal judge, who sided with Utah residents who said prairie dogs were overtaking their town.
Alaska, Colorado and Wyoming are among the states who signed the friend-of-the-court brief.