Habitat Designation Rule Brings More Uncertainty

Law360, New York (September 23, 2013, 6:24 PM EDT) -- Because of its huge impact on land use, the designation of critical habitat is one of the most controversial and heavily litigated areas of the Endangered Species Act, as seen with the designation of millions of acres to protect the habitat of the spotted owl, the California fairy shrimp and the piping plover. While the ESA explicitly prohibits consideration of economic impacts when determining whether to list a species, it requires consideration of the economic impacts when designating critical habitat.

On Aug. 28, 2013, the U.S....
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