Federal agencies lay the groundwork to ignore the Supreme Court ...Middle East

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Federal agencies lay the groundwork to ignore the Supreme Court
In Weyerhaeuser v. U.S. Fish and Wildlife Service, the Supreme Court held that land designated by the U.S. Fish and Wildlife Service as “critical habitat” under the Endangered Species Act (ESA) must be habitable for the species the Service seeks to protect. But the Service recently jettisoned the rule defining “habitat” that it adopted to comply with Weyerhaeuser. In doing so, it undermined the Supreme Court’s holding in Weyerhaeuser, ignored the Constitution’s separation of powers, and reinstalled a regime of capricious habitat designations.   The ESA permits the Service to list species as endangered or threatened and to designate lands as “critical habitat” for species. A decade ago,

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