F&W Forestry | Supreme Court

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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A surprise ruling by the U.S. Supreme Court has halted implementation of the Clean Power Plan (CPP), the Obama Administration’s policy to address climate change by promoting renewable energy and reducing U.S. dependence from fossil fuels, most notably coal.

Shortly after the Environmental Protection Agency began implementing CPP in 2015, opponents—primarily coal-using utilities and mining companies—filed suit in 26 states to reverse the rule.

The U.S. Court of Appeals of the District of Columbia will now consider the merits of the multiple challenges to CPP, with the stay remaining in place for the duration of the court’s proceedings and any subsequent action by the Supreme Court.

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Posts

Supreme Court Rules On Endangered Species Habitat Case

Supreme Court Stays CPP