SCOTUS unanimously vacates decision in Weyerhaeuser Company v. United States Fish and Wildlife Service
The United States Supreme Court held 8-0 on Tuesday in Weyerhaeuser Company v. United States Fish and Wildlife Service (FWS) to vacate the decision from the United States Court of Appeals for the 5th Circuit.
The case involved FWS' designation of private land in Louisiana as critical habitat for the dusky gopher frog. Landowners challenged the designation, which would have required them to take a variety of actions including replacing existing trees with different species, halting timber management activities, and allowing the land to be managed and populated with frogs.
The Fifth Circuit had affirmed the district court's ruling and applied Chevron deference—a principle in which federal courts yield to agency interpretations of the statutes that they administer—to defer to FWS' interpretation of the Endangered Species Act and uphold the critical habitat designation.
The Supreme Court instructed the Fifth Circuit to consider in the first instance whether the FWS' critical habitat designation was arbitrary, capricious, or an abuse of discretion. The court did not address broader questions of judicial deference, including the Fifth Circuit's application of Chevron deference in the case.
A lawyer with the Center for Biological Diversity, an environment-focused interest group, who opposed the ruling, stated that, "While we're disappointed, the ruling doesn't weaken the mandate to protect habitat for endangered wildlife.”
An attorney for the Pacific Legal Foundation, a public interest law firm that represents property owners involved in the case, supported the decision, stating that, "The nation's hardworking property owners can rest easier tonight knowing government-sponsored land grabs just became a lot more difficult.”
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