this entire practice was cataloged beginning in the 80's.
Prof's had student work grids to ID "unique species" across the country.
With the specific intent of prohibiting development anywhere they wanted.
Just went and read it. They are locking up 1500 Acres of private property that has neither the Habitat for the Frogs or any of these Frogs.
17-71 WEYERHAUSER COMPANY V. FISH AND WILDLIFE SERVICE
DECISION BELOW: 827 F.3d 452
CERT. GRANTED 1/22/2018
QUESTION PRESENTED:
Congress enacted the Endangered Species Act to conserve “ecosystems upon which
endangered species***depend.” 16 U.S.C. § 1531(b). To that end, the Act requires the
Secretary of the Interior to “designate any habitat of such species which is then considered to
be critical habitat.”
Id.
§ 1533(a)(3)(A). “Critical habitat” may include areas “occupied by the
species,” as well as “areas outside the geographical area occupied by the species” that are
determined to be “essential for the conservation of the species.”
Id.
§ 1532(5)(A).
The Fish and Wildlife Service designated as critical habitat of the endangered dusky
gopher frog a 1500- acre tract of private land that concededly contains no dusky gopher frogs
and cannot provide habitat for them absent a radical change in land use because it lacks
features necessary for their survival. The Service concluded that this designation could cost $34
million in lost development value of the tract. But it found that this cost is not disproportionate
to “biological” benefits of designation and so refused to exclude the tract from designation
under 16 U.S.C. § 1533(b)(2).
A divided Fifth Circuit panel upheld the designation. The questions presented, which six
judges of the court of appeals and fifteen States urged warrant further review because of their
great importance, are:
1. Whether the Endangered Species Act prohibits designation of private land as unoccupied
critical habitat that is neither habitat nor essential to species conservation.
2. Whether an agency decision not to exclude an area from critical habitat because of the
economic impact of designation is subject to judicial review.