Assignment task: A Marriot hotel is located on private land in the center of the town which is just outside of Glacier National Park and in the heart of grizzly bear territory. The fine restaurant of this hotel is surrounded by picture windows that overlook its grounds. On one edge of this panorama, the hotel has placed an open dumpster, where it disposes of all the waste from its kitchen. The dumpster is illuminated by a spotlight.
Garbage is an easy source of food for grizzly bears, and an open dumpster will quickly draw grizzlies away from their usual foraging. So it is no surprise that grizzly bears frequent the dumpster at the Marriot hotel. Indeed, the bears have become a major attraction for the hotel. Garbage is not known to be harmful to grizzly bears. However, the principle cause of grizzly bear mortality is confrontation with humans, and when bears are drawn into town on a regular basis it is likely that a human confrontation will eventually occur. For this reason the Audubon Society has asked the Marriot hotel to take simple measures necessary to ensure that bears cannot get into its dumpster. The motel has refused.
Grizzly bears are listed as a threatened species in and around Glacier National Park. Can Audubon establish that the Marriot hotel is violating the Endangered Species Act? What should their theory be? What possible constitutional counterclaims can Marriot hotel make?