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8 Joule: Duq. Energy & Envtl. L.J. 1 (2020)

handle is hein.journals/joule8 and id is 1 raw text is: Weyerhaeuser Co. v. United States Fish and Wildlife Service: A New Direction for the Endangered Species Act By Harrison Pierre Graydon On November 27, 2018, the Supreme Court of the United States decided Weyerhaeuser Co. v. United States Fish and Wildlife Service, 139 S.Ct. 361 (2018). The unanimous opinion of the Court was delivered by Chief Justice Roberts. It addressed the interpretation of the Endangered Species Act and the issue of whether agency decisions under the ESA are reviewable by the courts.1 In Weyerhaeuser, the Court addressed two issues. The first is whether critical habitat under the Endangered Species Act must be actual habitat of an endangered species; the second is whether the economic impact of an agency's decision to include a certain tract of land in a critical habitat designation is reviewable by a federal court. 2 Under the Endangered Species Act, the Secretary of the Interior is permitted to list species as endangered and designate the endangered species' critical habitat.3 In Weyerhaeuser, a group of landowners in Louisiana challenged the designation of their property as critical habitat for an endangered species of frog.4 The landowners' primary objection was that their land could not be critical habitat because it was not actually habitat for the species.' Habitat, according to the Weyerhaeuser and the other landowning petitioners, refers only to those areas where the species could currently survive.6 Weyerhaeuser Co. v. United States Fish and Wildlife Service, 139 S.Ct. 361 (2018). 2Id. at 368. 3 Id. at 364. 4 Id. 5 Id. 6 Id. 1

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