Weyerhaeuser v. U.S. Fish and Wildlife Service
The Court Sends the Dusky Gopher Frog Case Back to the Lower Court
Weyerhaeuser v. U.S. Fish and Wildlife Service was featured in Protecting Critical Habitat, Supreme Court Debates (Nov. 2018). The following is excerpted from the unanimous opinion written by Chief Justice Roberts, as prepared by the Court Reporter of Decisions. An area is eligible for designation as critical habitat under Section 1533(a)(3)(A)(i) [of the Endangered Species Act] only if it is habitat for the species. That provision, the sole source of authority for critical-habit designations, states that when the secretary [of the interior] lists a species as endangered he must also “designate any habitat of such species which is then considered…
