MARKLE INTERESTS v. U.S. FISH AND WILDLIFE SERV.

No. 14-31008 Cons w/No. 14-31021.

827 F.3d 452 (2016)

MARKLE INTERESTS, L.L.C.; P&F Lumber Company 2000, L.L.C.; PF Monroe Properties, L.L.C., Plaintiffs-Appellants v. UNITED STATES FISH AND WILDLIFE SERVICE; Daniel M. Ashe, Director of United States Fish & Wildlife Service, in his official capacity; United States Department of Interior; Sally Jewell, in her official capacity as Secretary of the Department of Interior, Defendants-Appellees. Center for Biological Diversity; Gulf Restoration Network, Intervenor Defendants-Appellees. Weyerhaeuser Company, Plaintiff-Appellant v. United States Fish and Wildlife Service; Daniel M. Ashe, Director of United States Fish & Wildlife Service, in his official capacity; Sally Jewell, in her official capacity as Secretary of the Department of Interior, Defendants-Appellees. Center for Biological Diversity; Gulf Restoration Network, Intervenor Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed June 30, 2016.


Attorney(s) appearing for the Case

David C. Shilton, Esq. , Environment & Natural Resources Division, Mary Elisabeth Hollingsworth , U.S. Department of Justice, Washington, DC, Luther Langon Hajek , U.S. Department of Justice, Environmental Defense Section, Denver, CO, for Defendants-Appellees United States Fish and Wildlife Service, Daniel M. Ashe, United States Department of Interior, and Sally Jewell.

Collette Lucille Adkins , Center for Biological Diversity, Circle Pines, MN, John Buse , Center for Biological Diversity, San Francisco, CA, Elizabeth Grace Livingston de Calderon , Tulane University, Tulane Environmental Law Clinic, New Orleans, LA, for Intervenor Defendants-Appellees Center for Biological Diversity and Gulf Restoration Network.

Paul Korman , Tyson Kade , Van Ness Feldman, L.L.P., Washington, DC, for Amicus Curiae American Farm Bureau Federation, National Alliance of Forest Owners, and National Association of Home Builders.

Malcolm Reed Hopper, Esq. , Pacific Legal Foundation, Damien M. Schiff , Alston & Bird, L.L.P., Sacramento, CA, for Plaintiff-Appellant Markle Interests, L.L.C.

Edward B. Poitevent, II , Metairie, LA, Brian Michael Ballay, Esq. , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, for Plaintiffs-Appellants P&F Lumber Company 2000, L.L.C. and PF Monroe Properties, L.L.C.

Before REAVLEY, OWEN, and HIGGINSON, Circuit Judges.


This appeal requires us to consider the United States Fish and Wildlife Service's inclusion of private land in a critical-habitat designation under the Endangered Species Act. Misconceptions exist about how critical-habitat designations impact private property. Critical-habitat designations do not transform private...

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