U.S. Supreme Court

Case Status


Docket Number


2018 Term


Questions Presented

Does the Endangered Species Act authorize the federal government to designate as critical habitat private land that is unsuitable as habitat and has no connection with a protected species? If so, does the U.S. Constitution allow such a designation?

Case Updates

U.S. Supreme Court vacates Fifth Circuit opinion with instructions to reconsider landowner’s claims that the government unlawfully designated land as “critical habitat” for endangered species

December 03, 2018

Click here to view the GVR order.

Petition granted. Judgment vacated and case remanded for further consideration in light of Weyerhaeuser Co. v. United States Fish and Wildlife Serv., et al., 586 U. S. ___ (2018).

U.S. Chamber urges Supreme Court to review Endangered Species Act challenge

August 16, 2017

Click here to view the Chamber’s brief.

Aaron M. Streett and Shane Pennington of Baker Botts L.L.P. served as co-counsel for the U.S. Chamber of Commercce on behalf of the U.S. Chamber Litigation Center.

Case Documents