August 16, 2016

Fifth Circuit shows interest in gopher frog challenge

By M. Reed Hopper Senior Attorney

Last week we reported that 15 states had filed an amicus brief in support of our petition for rehearing by the entire Fifth Circuit to overturn a panel decision that would authorize federal control of any land in the country in the hopes that it may someday be used as habitat for protected species. In Markle v. U.S. Fish and Wildlife Service the government designated over 1500 acres of private land as “critical habitat” for the dusky gopher frog that the agency admits is unsuitable for habitat. Contrary to all reason, the service declared protecting the area does not create an undue burden on the landowners, although the area is not and cannot be used by gopher frogs and the loss of value to the landowners could exceed 33 million dollars. It’s not surprising, therefore, that the Fifth Circuit has shown an unusual interest in the case by directing the government to respond to our petition for rehearing.  The response is due August 26.  Shortly thereafter we expect the court to rule on our petition.

learn more about

Markle v. U.S. Fish and Wildlife Service

In 2012, government bureaucrats designated more than 1,500 acres of privately owned land in Louisiana as a “critical habitat” for the federally-protected dusky gopher frog. Regardless of the fact the frog neither lives anywhere in the state nor could live there, the critical habitat designation makes the land off-limits for all of the property owners including Ed Poitevent and his business, Markle Interests, and the Weyerhaeuser Company. On January 22, 2018, the U.S. Supreme Court announced it will hear a challenge to this blatant abuse of the Endangered Species Act. PLF represents the Poitevent family and related businesses, and will represent their interests before the Court.

Read more

What to read next