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The Dusky Gopher Frog is Heading to the United States Supreme Court

By Mark McNamara on January 24, 2018
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In July 2017, Weyerhaeuser Company, a Louisiana landowner and timber lessee, filed a Petition for a writ of certiorari asking the United States Supreme Court to overturn the U.S. Fish and Wildlife Service’s (“FWS”) designation of private land in St. Tammany Parish, Louisiana as “critical habitat” for the endangered dusky gopher frog.  The FWS made this “critical habitat” designation under the Endangered Species Act.  Weyerhaeuser Company argues that the property has not been a habitat for the gopher frog since the 1960s, the land lacks certain habitat features for the gopher frog to survive in the area, and the designation drastically reduces the value of the property by preventing certain commercial development projects.  (A prior article posted on The Energy Law Blog discussing the Petitioner’s writ of certiorari is available here).

On January 22, 2018, the United States Supreme Court granted review of the Petitioner’s writ of certiorari in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, No. 17-71.  The Supreme Court will now review the United States Court of Appeals for the Fifth Circuit’s 2-1 panel decision affirming the district court’s ruling that upheld the FWS’s “critical habitat” designation for the land in St. Tammany Parish. (A prior article posted on The Energy Law Blog discussing the Fifth Circuit’s ruling is available here).  This Supreme Court case will be closely monitored by many legal scholars and attorneys because of the opportunity the Supreme Court has to revisit the Chevron deference doctrine.

A copy of the Petitioner’s writ of certiorari can be found here.

Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue. By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site. The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

Photo of Mark McNamara Mark McNamara

Mark McNamara has extensive experience with complex oil and gas defense, toxic tort claims, environment compliance, commercial litigation ­ including bankruptcy and royalty disputes ­ and response to petrochemical releases.  He has handled a wide range of difficult, adversarial proceedings, including the defense…

Mark McNamara has extensive experience with complex oil and gas defense, toxic tort claims, environment compliance, commercial litigation ­ including bankruptcy and royalty disputes ­ and response to petrochemical releases.  He has handled a wide range of difficult, adversarial proceedings, including the defense of oil companies against property, air and groundwater contamination claims made by landholders and of landfill and recycling and sanitation facilities against claims by neighboring landowners and environmental action groups. In addition, Mark has extensive experience representing companies in the defense of property and personal injury claims related to naturally occurring radioactive materials (NORM).

Read more about Mark McNamaraEmail
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  • Posted in:
    Energy
  • Organization:
    Liskow & Lewis

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