Jonathan Adler, the Johan Verheij Memorial Professor of Law and director of the Center for Business Law and Regulation, wrote a piece for The Volokh Conspiracy titled “Can Land Uninhabitable by an Endangered Species Nonetheless Be ‘Critical Habitat’ Under the Endangered Species Act?”
In his piece, Adler explored the case surrounding whether the U.S. Fish & Wildlife Service can designate land as a critical habitat for an endangered species if it does not inhabit the area.
After the service made one such designation in Louisiana for the dusky gopher frog, landowners sued.
Adler looked at the legal battle thus far.