Weyerhaeuser Co. v. U.S. Fish and Wildlife Service
- Case Date: 8/14/2017
- Project Name: Environmental Law Project
On April 30, 2018, WLF filed a brief in the U.S. Supreme Court, urging it to overturn a decision by the U.S. Fish and Wildlife Service (FWS) to designate private property in Louisiana as “critical habitat” for an endangered species of frog, even though the frog does not live in Louisiana and could not do so without substantial land modifications. The government’s own cost estimate determined that its regulations would decrease the value of the property by $34 million. WLF faulted two aspects of the appeals court decision upholding FWS. First, the appeals court erred in ruling that Congress has barred cost-benefit challenges to such designations. Second, WLF argued that the Endangered Species Act does not permit regulation of land not currently occupied by the endangered species when (as here) the land is not “essential” to conservation of the species. WLF’s brief was joined by the Allied Educational Foundation.
|Awaiting oral argument|
More Information and Downloads:
5/1/2018: Download Merits Brief
8/14/2017: Download the Brief