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Endangered frog habitat case could be new justice’s first
A question over designated critical habitat for the dusky gopher frog (Lithobates sevosus) will be the first Endangered Species Act case to go to the Supreme Court in nearly a decade. The court announced last week that they will hear Weyerhaeuser Company v. United States Fish and Wildlife Service when their new session begins in October.
Brett Kavanaugh, President Trump’s nominee to fill retiring Justice Anthony Kennedy’s vacant seat, could be confirmed by October, and it is the first case scheduled. The outcome could have lasting implications on how the ESA is interpreted and the scope of USFWS’ authority to designate critical habitat.