and Laughlin Steel, 301 U.S. at 22, 57 S.Ct. 615 (NLRB order concerning unfair labor practices at a steel mill directly affected interstate commerce). In other instances, “the regulation can reach intrastate commercial activity that by itself is too trivial to have a substantial effect on interstate commerce but which when aggregated with similar and related activity, can substantially affect interstate commerce.” United States v. Ho, 311 F.3d 589, 599 (5th Cir.2002); see also Wickard v. Filburn, 317 U.S. 111, 127-28, 63 S.Ct. 82, 87 L.Ed. 122 (1942). As an initial matter, the panel correctly determined, unlike other courts, that the “regulated activity” under the ESA is Cave Species takes, not the appellants’ planned commercial development of the land. GDF Realty, 326 F.3d at 633-34 (<HOLDING>) (citing Jones and Laughlin Steel, 301 U.S. at
holding that regulation of unfair labor practices in mining regulated production not commerce recognizing that navigable waters railroads and highways are channels of commerce which can be regulated under congress commerce powers holding that dormant commerce clause complaint by instate resident against municipality failed on merits because challenged rule regulated evenhandedly and did not burden interstate commerce holding that the statute as applied violates the commerce clause recognizing that looking beyond the regulated activity  would effectually obliterate the limiting purpose of the commerce clause