Supreme Court Sends Another Frog Habitat Case Back to Lower Court

The U.S. Supreme Court Dec. 3 vacated a lower court’s decision upholding the federal designation of privately owned land as critical habitat for the dusky gopher frog, an endangered species.

It also sent the case back to the U.S. Court of Appeals for the Fifth Circuit, instructing the judges there to reconsider the matter in light of a Nov. 27 Supreme Court decision that turned on the same set of facts.

In its Nov. 27 decision, Weyerhaeuser v. U.S. Fish & Wildlife Service, the Supreme Court court told the Fifth Circuit to take another look at its ...