The Supreme Court (the Court) will soon address two recurring issues concerning administration of the Endangered Species Act, and more broadly the deference given to agency action in the discretionary exercise of statutory authority. Last week, the Supreme Court granted certiorari of Weyerhaeuser Co. v. U.S. Fish and Wildlife Service (the Service), a Fifth Circuit case involving a small “shy frog” from Mississippi that could have broad implications for interpretations of the Endangered Species Act.
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