U.S. Supreme Court,
Environmental & Energy
Jan. 31, 2018
Justices may limit ‘critical habitat’ interpretation
I would not be surprised if the Supreme Court winds up reversing the 5th Circuit and, at least to some degree, limits the Fish and Wildlife Service’s expansive interpretation of “critical habitat.”
Richard M. Frank
Professor of Environmental Practice
UC Davis School of Law
Richard is director of the California Environmental Law & Policy Center at the UC Davis School of Law.
Recently the U.S. Supreme Court granted review in Weyerhaeuser Company v. U.S. Fish and Wildlife Service, 17-17, a closely watched, politically controversial and potentially quite consequential case involving the intersection of the federal Endangered Species Act and private property rights. It's also a case with several fascinating legal subplots.
Weyerhaeuser involves a distinctly uncharismatic ani...
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