In an 8-0 ruling, the Supreme Court ruled to limit the broad habitat protections of the Endangered Species Act. A key debating point was how the law could impact the dusky gopher frog, an endangered species in Louisiana. Environmental groups argued that protecting land that could be used as a habitat for the frogs could save the species, while development companies questioned how the land could be “critical” if the frogs did not live there and could not live there without changes to the land there.
“Only the ‘habitat’ of the endangered species is eligible for designation as critical habitat,” the chief justice said highlighting how the scope of the law as written now is limited. He continued “Even if an area otherwise meets the statutory definition of unoccupied critical habitat because the secretary finds the area essential for the conservation of the species, [the law] does not authorize the secretary to designate the area as critical habitat unless it is also habitat for the species.” Read more.