Over the years, John and his family have used their farmland to benefit the community. The Yearwoods have allowed local church youth groups and the high school 4-H club to use the property for camping. In 2018, Mr. Yearwood built a shooting range for the high school 4-H club to practice gun-sports. The Yearwoods do not charge the groups to use the property.
These community outreach projects are in jeopardy, however, because the best part of the land for camping is also home to the Bone Cave Harvestman. (BCH). Under the Endangered Species Act, it is a federal crime to do anything to harm the BCH or its habitat. So the Yearwoods are left to choose between thousands of dollars in permits or thousands more in civil and criminal penalties or to abandon the use of the property.
The United States Fish and Wildlife Service is trying to use its authority under the Interstate Commerce Clause to regulate interactions with a small arachnid (the BCH) that doesn’t cross state lines or affect commerce. This federal overreach costs cities and landowners millions of dollars a year and prevents families from using their land for harmless things like camping and recreation.
Texas Public Policy Foundation filed a lawsuit on behalf of Mr. Yearwood to protect his constitutional right to use his property without federal interference. Should this lawsuit be successful, the protection of the Bone Cave harvester would go back to state and local governments — which, incidentally, already have protections for cave species. More importantly, a dangerous 5th Circuit precedent that could be used for virtually unchecked federal authority would be taken off the books. In the end, the federal government should not have a say as to whether children camp on Mr. Yearwood’s property.
Read more here.
No comments:
Post a Comment