Under the federal Endangered Species Act, the U.S. Fish and Wildlife Service is authorized to designate land (or water) that a species occupies, i.e., lives (or could naturally live or grow) as “critical habitat” for an endangered species. 16 U.S.C. § 1533 (a)(3)(A)(i). But Fish and Wildlife can only designate unoccupied land as critical habitat for a species if the agency can show that “such areas are essential for the conservation of the species.” 16 U.S.C. § 1532 (5)(A)(ii).
Your Guide on How to Protect Your Rights in Federal Takings and Inverse Condemnation Actions
Are you facing a taking from the government? Need to understand what a taking is and what you can do about it? Read our Takings Law Guide.