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Legal Ledger Brief: SCOTUS argues over frog

WLJ
Oct. 08, 2018 2 minutes read
Legal Ledger Brief: SCOTUS argues over frog

A Mississippi Gopher frog

The first case of the 2018 term for the Supreme Court of the U.S. (SCOTUS) on Oct. 1 was focused on the habitat of the dusky gopher frog, and with the justices down one seat, the decision with Endangered Species Act implications may end in a tie or have to wait until Brett Kavanaugh or someone else is confirmed.

In 2012 the U.S. Fish and Wildlife Service designated 1,500 acres in Louisiana as critical habitat for the amphibian—an area where the frog does not reside. The lawsuit was filed by Weyerhaeuser Company, and brings into question landowner rights and property values.

When evenly divided the justices can try to find a way to decide the case. If a split remains the lower court decision would stand, or the court can wait and rehear the case when all SCOTUS seats are filled.

SCOTUS argues over frog

The first case of the 2018 term for the Supreme Court of the U.S. (SCOTUS) on Oct. 1 was focused on the habitat of the dusky gopher frog, and with the justices down one seat, the decision with Endangered Species Act implications may end in a tie or have to wait until Brett M. Kavanaugh or someone else is confirmed. In 2012 the U.S. Fish and Wildlife Service designated 1,500 acres in Louisiana as critical habitat for the amphibian — an area where the frog does not reside. The lawsuit was filed by Weyerhaeuser Company, and brings into question landowner rights and property values. When evenly divided the justices can try to find a way to decide the case. If a split remains the lower court decision would stand, or the court can wait and rehear the case when all SCOTUS seats are filled.

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