Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Tag Archives: critical habitat

Breaking Bad Habitats?

Posted in ESA
As reported in this space, in November 2018, the U.S. Supreme Court remanded to the Court of Appeals for the Fifth Circuit a determination by the U.S. Fish & Wildlife Service on critical habitat for the dusky gopher frog. The issues for the Fifth Circuit on remand would be whether habitat in which the dusky… Continue Reading

FWS Application of “Baseline” Rule Minimizes Economic Impact of Critical Habitat Designation

Posted in ESA, Federal
By Gerald George The Endangered Species Act (ESA) explicitly prohibits the consideration of economic impacts in making the decision to designate a species as “endangered.”  However, consideration of such factors is allowed in the designation of “critical habitat” for that species, with the listing agency to address economic, national security and other impacts before designating… Continue Reading