Supreme Court limits government’s attempt steal land for endangered species

The Supreme Court today ruled against the federal government’s attempt to designate private land as a habitat for an endangered species, even though that endangered species doesn’t even inhabit that land.

In a unanimous ruling the justices rejected the federal government’s attempt to designate roughly 1,500 acres in Louisiana as critical space for the dusky gopher frog. “Only the ‘habitat’ of the endangered species is eligible for designation as critical habitat,” Chief Justice John G. Roberts Jr. wrote in the opinion.

The frog hasn’t lived on the land in five decades, having shifted to neighboring counties. But the government, fearing future events might push the frog back, sought to designate the land, which would have imposed severe restrictions on what the owners could do with it.

Consider the chutzpah of the federal government in attempting to do this. If the court had ruled in their favor, it would have allowed them to designate any piece of property anywhere in the country as a habitat for any species, and thus negate all property rights, forever.

A federal appeals court has rejected a lawsuit from various environmental groups that was trying to overturn Congressional legislation that removed the wolf from the endangered species list.

A federal appeals court has rejected a lawsuit from various environmental groups that was trying to overturn Congressional legislation that removed the wolf from the endangered species list.

The ruling from a three-judge panel of the 9th U.S. Circuit Court of Appeals said Congress had the right to intervene when it stripped protections from wolves last spring.

Lawmakers stepped in after court rulings kept wolves on the endangered list for years after they reached recovery goals. [emphasis mine]

I emphasis the last sentence because it once again illustrates how completely irrelevant reality is to these environmental laws and to those who defend them.

Congress removes wolf from endangered list

Congress removes the wolf from the endangered list. From Senator Jon Tester (D-Montana):

“Right now, Montana’s wolf population is out of balance and this provision will get us back on the responsible path with state management. Wolves have recovered in the Northern Rockies. By untying the hands of the Montana biologists who know how to keep the proper balance, we will restore healthy wildlife populations and we will protect livestock. This provision is best for our wildlife, our livestock and for wolves themselves.”

I don’t know if Tester’s description of the situation in Montana is accurate (though I tend to rely on local expertise in these matters). However, to get an opposing viewpoint the article above goes to the Center for Biological Diversity, an organization I do know something about. In caving matters relating to white nose syndrome, CBD has pushed extremist and outright ignorant policy positions (trying for example to have all caves and mines on all public lands closed in order to protect bats, even though there is literally no evidence that such an action made sense). I would not trust their opinions under any condition.