Date Filed: December 15, 2015
Original Court: U.S. District Court for the Western District of Texas
Appeals: U.S. Court of Appeals for the Fifth Circuit
Case Status: Partial Victory

In 1988, the U.S. Fish and Wildlife Service listed the Bone Cave Harvestman spider as an endangered species. The Bone Cave Harvestman lives exclusively in underground limestone caves in Travis and Williamson County, Texas. Although the Bone Cave Harvestman lives its entire life underground, some activities above ground can affect the spider, such as clearing brush, camping, target practice, and other recreational activities. The Endangered Species Act (ESA) prohibits any activities that can harm an endangered species—including activities on private property.

CAF filed a lawsuit on behalf of Williamson County landowner John Yearwood challenging the Bone Cave Harvestman’s ESA listing. That listing prevented Mr. Yearwood from fully using and enjoying his property. Over the years, he and his wife 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. 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.

“This land has been in my family for over one hundred years,” said John Yearwood. “It is land that my children and grandchildren will enjoy. I would like to share my property with the local 4-H club, so that children can enjoy the outdoors, camping, and marksmanship. This should not violate any federal rules nor subject me to the risk of criminal penalties. Camping isn’t commerce.”

The ESA relies on Congress’s power to regulate interstate commerce. But the Bone Cave Harvestman lives completely within the State of Texas and is not bought, sold, or transported in interstate commerce. Mr. Yearwood and Williamson County, Texas, challenged the authority of the federal government’s authority to regulate intrastate and non-commercial interactions with the Bone Cave Harvestman.

The district court did not agree with CAF’s Interstate Commerce Clause argument. However, the court found errors in the way the Fish and Wildlife Service reviewed Mr. Yearwood’s petition to delist the Bone Cave Harvestman and required the Service to review the petition again. CAF appealed to the Fifth Circuit on its Interstate Commerce Clause argument, but that court found that the district court’s holding as to the petition, and the Service’s subsequent review of it, gave Mr. Yearwood adequate relief. Unfortunately, after the case ended, the Fish and Wildlife Service’s review concluded that the Bone Cave Harvestman should remain listed as an endangered species.

Case Documents:

Original Complaint

Motion to Intervene

Second Amended Complaint for American Stewards of Liberty

Amended Complaint of Intervenor John Yearwood and Williamson Co, TX

Plaintiffs’ Motion for Summary Judgment

Intervenor Plaintiffs’ Motion for Summary Judgment

Federal Defendants’ Cross Motion for Summary Judgment and Opposition to Plaintiffs’ Motion for Summary Judgment

Federal Defendants’ Cross Motion for Summary Judgment and Opposition to Plaintiff-Intervenors’ Motion for Summary Judgment

Defendant-Intervenor’s Cross-Motion for Summary Judgment & Response in Opposition to Plaintiffs’ Motion for Summary Judgment

Plaintiff-Intervenors’ Reply in Support of Summary Judgment and Opposition to Federal Defendants’ Cross-Motion for Summary Judgment

Opinion & Order Granting in Part Plaintiffs’ Motion for Summary Judgment

Federal Appellees’ Motion to Dismiss Appeal

Appellants’ Response to Motion to Dismiss

Federal Appellees’ Reply in Support of Motion to Dismiss Appeal

Appellants’ Sur-reply

Appellants’ Opening Brief

Combined Brief of Federal Appellees’ Response Brief

Appellants’ Reply Brief

Federal Appellees’ Reply Brief

Fifth Circuit Opinion