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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.