Weyerhaeuser Co. v. U.S. Fish and Wildlife Service
- Case Date: 8/14/2017
- Project Name: Environmental Law Project
On August 14, 2017, WLF filed a brief in the U.S. Supreme Court, urging it 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 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. First, the appeals court erred in ruling that courts are barred from reviewing government decisions that Endangered Species Act regulations should be imposed without regard to cost-benefit considerations. Second, WLF argued that the 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.
More Information and Downloads:
8/14/2017: Download the Brief