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Economic Impact Analysis ESA Listings

Mintz

SCOTUS Says Two Wrongs Don't Make a Right for Dusky Gopher Frog

Mintz on

You don’t see a unanimous decision of the United States Supreme Court very often, especially in an environmental case, but that’s what happened this week when the Court held that for an area to be “critical habitat” of an...more

Sheppard Mullin Richter & Hampton LLP

Critical Habitat Must Be Habitat for Listed Species, Supreme Court Says

An area designated as critical habitat under the Endangered Species Act must first qualify as “habitat” for listed species, the Supreme Court held this week in the closely watched Weyerhaeuser case. The Court’s November 27,...more

Nossaman LLP

Supreme Court Rules ESA Critical Habitat Must Be Habitat For Listed Species

Nossaman LLP on

On November 27, 2018, the U.S. Supreme Court ruled that an area is eligible to be designated as “critical habitat” under the Endangered Species Act (ESA) only if the area is habitat for the relevant threatened or endangered...more

Davis Wright Tremaine LLP

FWS Application of “Baseline” Rule Minimizes Economic Impact of Critical Habitat Designation

The Endangered Species Act (ESA) explicitly prohibits the consideration of economic impacts in making the decision to designate a species as “endangered.” However, consideration of such factors is allowed in the designation...more

Holland & Knight LLP

Government Issues Final Rule on Economic Impact Analyses for Endangered Species Act Habitat Designations

Holland & Knight LLP on

Because of its huge impact on land use, the designation of critical habitat is one of the most controversial and heavily litigated areas of the Endangered Species Act (ESA), as seen with the designation of millions of acres...more

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