Markle Interest, L.L.C. v. U. S. Fish & Wildlife Service

This action is an appeal of a grant of summary judgment to the United States Fish and Wildlife Service on the designation of critical-habitat for the dusky gopher frog under the ESA. Landowner appellants originally sought declaratory and injunctive relief against the Service, the Department of Interior, and agency officials challenging the designation of their private property as critical-habitat for the dusky gopher frog. The court’s holdings recognize loss of property value as a “particularized injury” for standing under the ESA in addition to addressing the landowners’ three principal arguments: 1) the critical habitat designation violated the ESA and the APA; 2) USFWS lacked constitutional authority under the Commerce Clause to make the critical-habitat designation; and 3) the designation violated the NEPA. The United States Supreme Court granted certiorari, and the case will be heard as Weyerhaeuser Co. v. United States Fish & Wildlife Service.