Case Detail

Weyerhaeuser Co. v. U.S. Fish and Wildlife Service
On January 22, 2018, the U.S. Supreme Court agreed to review an appeals court decision that upheld federal government regulation of land in Louisiana for the purpose of protecting an endangered species of frog, even though the frog does not currently reside in Louisiana and is highly unlikely to do so for the foreseeable future. The decision was a victory for WLF, which filed a brief urging that review be granted. The government’s own cost estimate determined that its regulations would decrease the value of the property by $34 million. WLF faulted the appeals court for: (1) ruling that courts are barred from reviewing government decisions that Endangered Species Act regulations should be imposed without regard to cost-benefit considerations; and (2) permitting 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.
Case Status:
Victory; review granted. WLF to file brief on the merits in spring 2018.
More Information and Downloads:
8/14/2017: Download the Brief

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