On November 27, 2018, the U.S. Supreme Court reinstated challenges to a decision by the U.S. Fish and Wildlife Service 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 might be unable to do so without substantial land modifications. The decision was a victory for WLF, which filed a brief arguing that the appeals court wrongly concluded that Congress barred cost-benefit challenges to such designations. The Supreme Court agreed with WLF that precluding a court challenge would be inconsistent with the strong presumption that all federal administrative actions are subject to judicial review. The Court also directed the lower courts, on remand, to determine whether the designated land qualifies as “habitat” for the endangered frog—that is, whether the frog could survive on the land in the absence of substantial modifications. WLF’s brief was joined by the Allied Educational Foundation.
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