James Tysse and David Quigley Quoted by Law360 on Supreme Court Landowner Rights Decision

Akin Gump Supreme Court and appellate partner James Tysse and environment and natural resources practice co-head David Quigley were quoted in the Law360 story “High Court Decision On Review Expands Landowners’ Options.

The article reports on a decision by the Supreme Court involving a dispute between the U.S. Fish and Wildlife Service and the timber company Weyerhaeuser, which reversed a ruling on the right of landowners to review agency determinations about land protection. The 8-0 ruling in Weyerhaeuser Co. v. United States Fish and Wildlife Service et al. said the U.S. Court of Appeals for the 5th Circuit needs to provide more clarity on how the term “habitat” should be interpreted under the Endangered Species Act. The case in question pertained to whether a 1500-acre tract of land in Louisiana can be protected for the dusky gopher frog.

While the ruling potentially gives landowners more chances to move their projects forward, it also takes away some of the uncertainty of the process for developers, the article notes, since decisions about protection can often come in the middle of the planning process.

Tysse said the opinion, written by Chief Justice John Roberts, “opens the door to judicial review of decisions.”

In light of the ruling, developers now must wait for greater clarity on how critical habitat will be interpreted.

“Even if you are designated a critical habitat, if you can show significant ... relative benefits to excluding your piece of property from that ... you’ve got a shot that you can at least argue,” said Quigley. “It’s a little bit easier for developers.”