In the last few days, we’ve received a great collection of amicus briefs supporting our cert petition challenging the Ninth Circuit’s decision in the green sturgeon case, Building Industry Association of the Bay Area v. United States Department of Commerce. The issue presented is whether a landowner can seek judicial review of the government’s decision not to exclude one’s land from critical habitat designation under the Endangered Species Act, on account of excessive economic impacts. Perhaps not surprisingly, the Ninth Circuit ruled against judicial review. But we’re hopeful that the Supreme Court will take up the case, especially given the high court’s recent interest in expanding opportunities for judicial review of agency decisions that hurt property owners, e.g., Hawkes Co. and Kent Recycling.
The amicus briefs were submitted by a broad coalition of property rights organizations (National Association of Home Builders, American Farm Bureau Federation, Cato Institute, Reason Foundation, National Federation of Independent Business, and Mountain States Legal Foundation), as well as a group of 23 states, led by Alabama. We’re very thankful to our amici for this broad array of support!