News & Analysis as of

Economic Impact Analysis Endangered Species Act (ESA)

Schwabe, Williamson & Wyatt PC

Supreme Court Ruling on Critical Habitat in Dusky Gopher Frog Case

The Supreme Court has handed down one of the most anticipated Endangered Species Act (ESA) rulings in recent years. In Weyerhaeuser Co. v. U.S. Fish and Wildlife Serv., the Supreme Court unanimously overruled the Fifth...more

Best Best & Krieger LLP

U.S. Supreme Court Limits Agency Discretion Under ESA - Critical Habitat For Endangered Species Decision

In a victory for landowners and other regulated entities, the U.S. Supreme Court unanimously limited the U.S. Fish and Wildlife Service’s discretion when designating critical habitat under the federal Endangered Species Act....more

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

Perkins Coie

Supreme Court Limits Authority to Designate Critical Habitat Under Endangered Species Act

Perkins Coie on

In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...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

Husch Blackwell LLP

Dusky Frog Update

Husch Blackwell LLP on

On June 29, 2018 and October 8, 2018, we blogged about the dusky gopher frog, an endangered species currently confined to a small area of Mississippi. The U.S. Fish & Wildlife Service designated land in Louisiana as part of...more

Davis Wright Tremaine LLP

Supreme Court Decides Critical Habitat Must Be Habitat

In a unanimous decision (with Justice Kavanaugh not participating), the Supreme Court on November 27, 2018, remanded a controversial Endangered Species Act (ESA) decision for further consideration by the Fifth Circuit Court...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Weyerhaeuser Company v. U.S. Fish & Wildlife Service

On November 27, 2018, the Supreme Court of the United States decided Weyerhaeuser Company v. U.S. Fish & Wildlife Service, No. 17-71, holding that (1) an area is eligible for designation as a “critical habitat” under the...more

Nossaman LLP

Supreme Court Hears Oral Argument in Dusky Gopher Frog Case

Nossaman LLP on

On October 1, 2018, the U.S. Supreme Court heard oral argument in the first case of its new term, Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, Dkt. No. 17-71. The case concerns the designation of critical habitat under...more

Nossaman LLP

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

Nossaman LLP on

In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more

Foley Hoag LLP - Environmental Law

The Ninth Circuit Reminds Us — Again — Just How Powerful the Endangered Species Act Is

On Tuesday, the 9th Circuit Court of Appeals affirmed the Commerce Department’s designation of critical habitat for the southern distinct population segment of green sturgeon, once again reminding us just how difficult it is...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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