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).
- Taking Control of Mississippi River Flows
- Taking Down a Diseased Tree on Sagamore Hill
- Fifth Circuit Orders Fish & Wildlife to Reconsider Its Denial of Delisting Petition
- January 23-25, 2010 ALI CLE Eminent Domain Conference
- Student Loan Debt—Pay Up
- Which Way to the Ark?
- Federal Circuit Announces Expanded Federal Indian Trust Responsibilities
- High Court in the Deep Waters of State Sovereign Immunity and Copyright Protection
- Caring for Those Who Care for Our Veterans
- Gone for Good or Just Gone