Critical Habitat Rule Will Handcuff Property Owners

Law360, New York (August 27, 2013, 8:02 PM EDT) -- Federal wildlife regulators issued a final rule this week outlining guidelines for assessing likely economic impacts of critical habitat designations, which attorneys say will empower the government to ignore broad costs to property owners and make it harder to wage successful court challenges.

The U.S. Fish and Wildlife Service and the National Oceanic Atmospheric Administration's Fisheries Service said they will continue to use a so-called incremental baseline approach when they evaluate the economic consequences of creating a new critical habitat under the Endangered Species Act, allowing...
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