Endangered Species Habitat Check

Meantime, the dusky gopher frog would have a better chance of surviving in more places if the Endangered Species Act gave private land owners an incentive to protect wildlife rather than subjecting them to years of federal legal harassment.
Better yet, completely abolish he the EPA (which would include the ESA). Let those living as parasites on the backs of the productive class eat shit and die. — jtl, 419
The Editorial Board of the Wall Street Journal

The Supreme Court rules 8-0 against a federal land grab for the dusky gopher frog.

Amid all the hand-wringing about a polarized Supreme Court, note Tuesday’s unanimous decision for regulatory sanity. The case concerned whether a frog’s “critical habitat” can include land where the frog doesn’t live and can’t survive.

Weyerhaeuser v. U.S. Fish and Wildlife involves more than 1,500 acres in Louisiana that the government declared “critical habitat” for the dusky gopher frog, which is protected under the Endangered Species Act. Two problems: The critter hasn’t been seen in those parts for about five decades, and it can’t survive on the land without clearing forest canopy.

The timber company that operates on the land sued on the sensible grounds that the place can’t be critical habitat if the creature would die on arrival. The law allows Fish and Wildlife to designate certain unoccupied areas as critical habit but only if they’re essential to the conservation of the species. The designation threatens development on the land and could cost the owners $34 million by the government’s estimates.

The Fifth Circuit Court of Appeals ruled for the government in a decision with no limiting principle—by the circuit’s logic, a desert could be critical habitat for a fish, as more than a dozen state attorneys general pointed out in an amicus brief to the Supreme Court.

The Supremes ruled for the land owners 8-0. (Justice Brett Kavanaugh wasn’t seated at the time of oral argument.) Chief Justice John Roberts wrote for the Court that “according to the ordinary understanding of how adjectives work, ‘critical habitat’ must also be ‘habitat.’” The case is sent back to the circuit court to consider if the land is habitat, among other questions.

The Justices also ruled that the critical habitat designation is subject to judicial review. One mystery is why the Trump Justice Department defended such an expansive interpretation of the law. Maybe the next Attorney General can take the career bureaucracy off autopilot.

The Justices could revisit the case if the Fifth Circuit muffs the Court’s questions. Meantime, the dusky gopher frog would have a better chance of surviving in more places if the Endangered Species Act gave private land owners an incentive to protect wildlife rather than subjecting them to years of federal legal harassment.

Appeared in the November 28, 2018, print edition.

Environmental & Natural Resource Economics: The Austrian ViewMurray N. Rothbard was the father of what some call Radical Libertarianism or Anarcho-Capitalism which Hans-Hermann Hoppe described as “Rothbard’s unique contribution to the rediscovery of property and property rights as the common foundation of both economics and political philosophy, and the systematic reconstruction and conceptual integration of modern, marginalist economics and natural-law political philosophy into a unified moral science: libertarianism.” This book applies the principles of this “unified moral science” to environmental and natural resource management issues. The book started out life as an assigned reading list for a university level course entitled Environmental…Read More 

About Land & Livestock Interntional, Inc.

Land and Livestock International, Inc. is a leading agribusiness management firm providing a complete line of services to the range livestock industry. We believe that private property is the foundation of America. Private property and free markets go hand in hand—without property there is no freedom. We also believe that free markets, not government intervention, hold the key to natural resource conservation and environmental preservation. No government bureaucrat can (or will) understand and treat the land with as much respect as its owner. The bureaucrat simply does not have the same motives as does the owner of a capital interest in the property. Our specialty is the working livestock ranch simply because there are so many very good reasons for owning such a property. We provide educational, management and consulting services with a focus on ecologically and financially sustainable land management that will enhance natural processes (water and mineral cycles, energy flow and community dynamics) while enhancing profits and steadily building wealth.
This entry was posted in Endangered Species Act, Uncategorized and tagged , . Bookmark the permalink.

1 Response to Endangered Species Habitat Check

  1. Reblogged this on Flyover-Press.com and commented:

    Better yet, completely abolish he the EPA (which would include the ESA). Let those living as parasites on the backs of the productive class eat shit and die. — jtl, 419

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s