High Court Hints At Skepticism Of ESA Reach In Frog Ruling

Law360 (November 27, 2018, 9:06 PM EST) -- The U.S. Supreme Court's Tuesday decision to remand timber giant Weyerhaeuser Co.'s challenge to the designation of a parcel of its property as "critical habitat" for an endangered frog keeps the door open for limits on the government's power to protect land under the Endangered Species Act, experts say.

The court punted to the Fifth Circuit the big picture question of what constitutes "habitat" under the act, but projected skepticism about the federal government's power. The case involves 1,544 acres in Louisiana that the U.S. Fish and Wildlife Service determined is essential for the conservation of the endangered dusky gopher frog,...

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