Supreme Court victory for Edward Poitevent, property rights
November 27, 2018
Washington, DC, November 27, 2018: Private property rights throughout the entire nation are more secure today thanks to the U.S. Supreme Court’s unanimous ruling in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service. The justices all agreed that federal regulators overstepped their authority when they declared 1,500 acres of private land in Louisiana as a critical habitat for a frog that can’t survive there. PLF client Edward Poitevent and his family own nearly 95 percent of the land in question and they were parties to the case argued before the Supreme Court on October 1.
“This was a grossly unfair and inappropriate taking of private land for no purpose, no benefit to the frog, and without any reason or common sense behind it,” Edward says. “But when you’re in for the fight of your life, you don’t give up. It’s astounding to find out the highest court in the land has not only your back, but the backs of all American landowners.”
“The Supreme Court essentially told the federal government, ‘If you want to give critical habitat status to private land, you have to prove the land in question is actually “habitat” for the species in question,’” explains PLF attorney Mark Miller. “The nation’s hardworking property owners can rest easier tonight knowing government-sponsored land grabs just became a lot more difficult.”
The victory is PLF’s eleventh at the High Court, and third win in 2018. More information can be found at pacificlegal.org/gopherfrog.
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Pacific Legal Foundation is a national nonprofit legal organization that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 14 victories out of 16 cases litigated at the U.S. Supreme Court.