U.S. Supreme Court,
Environmental & Energy
Jul. 30, 2018
High court to review unreviewable designations of uninhabitable "critical habitats"
Can a federal agency designate lands that are uninhabitable by an endangered species as "critical habitat" of that species thereby to be protected under the Endangered Species Act?
OT18
Can a federal agency designate lands that are uninhabitable by an endangered species as "critical habitat" of that species thereby to be protected under the Endangered Species Act? And when the agency decides that the economic consequences of designating land as critical habitat do not warrant excluding that land from the designation, is its decision unreviewable by a court? The U.S. Fish and Wildlife Service has claimed as much, and so f...
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