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10th Circuit Says Utah Judge Erred In 2014 Prairie Dog Case

A federal appeals court has ruled that a federal judge in Utah erred in a 2014 decision striking down protections for a kind of prairie dog found only in that state, a decision environmentalists said would have undermined the Endangered Species Act.

The Denver-based 10th Circuit Court of Appeals appeared to agree in its decision Wednesday, ruling that the U.S. government can regulate and protect the Utah prairie dog even though it's only found within one state.

Jonathan Wood, an attorney for residents of Cedar City, Utah, who challenged the prairie dog rules, said Wednesday that the ruling is disappointing and gives the federal government license to create more regulations.

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Residents said the prairie dogs were so numerous they over overrunning parts of town.