High Court Could Rein In ESA's Reach In Frog Habitat Fight

Law360 (February 2, 2018, 6:19 PM EST) -- The U.S. Supreme Court recently agreed to hear a timber company's challenge to the U.S. Fish and Wildlife Service's decision to designate a swath of private property as "critical habitat" for an endangered frog, a move some experts say could lead to the high court limiting the government's power to protect land under the Endangered Species Act.

Environmentalists argue that the FWS made a sound, science-based decision, even though the dusky gopher frog doesn't actually live on the roughly 1,500 acres of Louisiana at issue, nor is the area as it currently exists fully suitable habitat. But management-side attorneys who are...

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