U.S. Supreme Court rules in favor of Weyerhaeuser in challenge to government’s designation of private land as “critical” habitat under the Endangered Species Act

Tuesday, November 27, 2018 - 10:00am

The Supreme Court unanimously ruled in favor of Weyerhaeuser in a case concerning whether the government could designate private land in Louisiana as “critical habitat” for an endangered species—the “dusky gopher frog”—even though the land is not currently habitat (we understand no frogs have lived there since 1965) and apparently could not be habitat without significant alteration.  

The Chamber filed amicus briefs in support of Weyerhaeuser at both the cert. and the merits stages.  In our merits-stage brief, the Chamber urged the Court to reverse a ruling from the Fifth Circuit that deferred to the government’s view that “critical habitat” includes unoccupied potential habitat.  The Chamber urged the Court to adopt a common sense interpretation of “critical habitat,” limiting the government’s authority to actual habitat that is critical to an endangered species.  

The case name is Weyerhaeuser Company v. U.S. Fish & Wildlife Service.  Click here to view additional case information.