F&W Forestry

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.

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While environmental policies have not been at the top of the Washington, D.C., news cycle lately, there are a number of changes quietly moving forward in our nation’s capital that impact forest landowners and forestry, from endangered species to water regulation and from renewable biomass energy to landowner assistance.

The Trump Administration is proposing a major overhaul of the Endangered Species Act (ESA) to provide clarity and ease regulatory burdens on landowners. At the same time, Congress is also considering significant legislative changes to the ESA, and the Supreme Court is poised to hear arguments concerning the designation of critical habitat under the ESA on a case involving Weyerhaeuser forestland in Louisiana.

The EPA is also moving forward with its proposal to address greenhouse gas emissions—known as the Affordable Clean Energy Rule (ACE), a federal court ruling has revived the controversial Obama-era Waters of the U.S. policy—better known as WOTUS, and Congress failed to meet a Sept. 30 deadline to pass a new Farm Bill, leaving funding for landowner assistance programs for forestry and conservation programs in limbo.

TO SEE THE FULL ARTICLE IN THE FALL 2018 F&W FORESTRY REPORT, SUBSCRIBE NOW

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