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Life in Jeopardy on Private Property 47 vidual animals, but the welfare of the species has figured into such regulations for both game and nongame species. No great stretch of thought is required to agree that all the animals, birds, fish, perhaps even the butterflies and the bees, are common goods that can be regulated by the state e The prohibition of the' Endangered Species Aet against taking animals on private land, including invertebrates, has not been seriously challenged. Fur- ther, the federal government can designate critical animal habi- tat on private land. Yet the Endangered Species Act, people soon discover, is not only about fauna .but also about flora-pitcher plants and cacti. In the original 1473 act, plants were already of concern; one could not engage in unrestricted interstate commerce in pro- tected plants. Plants could be listed regardless of where they occurred. Initially, however, there was no prohibition against taking endangered plants on public land, much less private land. Since 1973, Congress has increasingly expanded protec- tion for endangered plants. In 1982, Congress prohibited the private collecting of endangered plants on federal lands; techni- cally this did not prohibit destroying them by logging, grazing, building dams, and so forth, as long as one was not collecting them.' The 1988 reauthorization of the act makes it a violation maliciously and knowingly to damage endangered plants on federal land. That ban prevents vandalism, but it may not re- quire people to notice what their cows eat or whether their ORVs crush protected plants. The 1988 amendments also pro- hibit harming endangered plants on private land in violation of state law, including trespass law.8 State laws vary widely,• some states do indeed prohibit anyone, landowner or not, from taking endangered plants on private property without state permit. Most states, however, require nonlandowners to obtain a permit to collect or destroy an endangered plant, but allow landowners to do what they please. Plants do not move around, though some disperse their seeds on the wind or in the fur of animals. Rare plants move less than common ones. Traditionally, the trees and grass belong to the landowner. "Standing timber is real estate. It is a part of the realty the same as the soil from which it grows" (Kerschensteiner v. Northern Michigan Land Co.) 9 Except for noxious weeds and marijuana, the state has made few claims regulating flora on