In one of the first decisions by the Supreme Court in the 2018-19 term, the Justices ruled 8-0 in favor of private property rights in Weyerhaeuser Co. vs. U.S. Fish and Wildlife Service.  The case stemmed from an issue in Louisiana where the federal agency declared property as “critical habitat” for the dusky gopher frog when, in fact, the frog does not inhabit the land.  The designation could potentially restrict use of the land under the Endangered Species Act (ESA).

The ruling stated that “only the ‘habitat’ of the endangered species is eligible for designation as critical habitat.”  Now the case returns to the Fifth Circuit to answer the question of what constitutes “habitat” and if the property in question qualifies for the frog.

The Supreme Court also directed the Appeals Court to consider whether the benefits involved in designating the land as a critical habitat outweighed the costs.