The Court’s unanimous “scolding” of the USFWS was the subject of many editorials and columns, but only a few of us actually speculated, at the time, about the ripple effects it might have on other cases. In fact, USFWS has…
The statute also burdens property owners through the designation of critical habitat, which further restricts land use. Most alarmingly, the federal agency charged with implementing the statute contends that it can designate private land as critical habitat even if it is…