On November 27, 2018, the Supreme Court of the United States unanimously ruled 8-0 in Weyerhaeuser Company vs. U.S. Fish and Wildlife Service, clarifying the application of “critical habitat” designations applying to actual habitats. It was the first case heard by the justices of the session.
In 2012, under the purview of the Endangered Species Act (ESA), the U.S. Fish and Wildlife Service (USFWS) declared 1,500 acres of property owned by the landowners and Weyerhaeuser Company a “critical habitat” for the dusky gopher frog.
However, it was determined that the dusky gopher frog hasn’t been found anywhere in Louisiana for the past 50 years. It actually resides 70 miles away in nearby Mississippi, therefore not making the land owned by Weyerhaeuser “critical habitat” for a species that hasn’t resided there.
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