Supreme Court reins in the feds' land grab for endangered species

The Washington Times ^ | November 27, 2018 | Alex Swoyer

[Sacajaweau]

https://www.newsadvance.com/opinion/columnists/mercer_marsha/why-the-fate-of-a-frog-matters/article_8fde7dd0-c8e0-11e8-b0f3-4f923f866c81.html

[Repeal 16-17]

I haven’t read the full opinion, but from skimming it SCOTUS seems to have ruled that decisions of the Secretary of the Interior are subject to judicial review. The lower federal courts had ruled they could not interfere with the Secretary’s decision whether to grant an exemption to a landowner when the Fish and Wildlife Service designate a species as being endangered. The decision below was vacated and the case was remanded for a review as to whether the Secretary abuse his discretion in denying the exemption.

[PapaBear3625]

You know you are wrong when it is a 9-0 decision. How did the lower courts get it wrong?

Or perhaps Roberts told Ginsberg and company: "We can have a 9-0 decision on a narrow basis, or we can have a 5-4 decision that designating land as endangered species habitat is a 'taking' which requires the government to pay the owner the full fair market value of the affected land".

[M Kehoe]

There are a gazillion frogs in LA.

The problem is not “critical space,” but not enough frog giggers.

5.56mm

[Lazamataz]

The federal government can’t designate land as a habitat for an endangered species on the mere prospect that the species might eventually move there, the Supreme Court ruled Tuesday, delivering a victory to property owners.

Ah, but the NEXT move will be to designate land as habitat if an endangered species is on the same planet as that land.

NEXT LAWSUIT.

[jazusamo]

I wouldn’t put anything past the enviro-crazies. :^)

[PapaBear3625]

It was 8-0. Kavanaugh did not participate

https://www.supremecourt.gov/opinions/18pdf/17-71_omjp.pdf

[sourcery]

Judges can’t be fired. To get rid of them, they either have to resign, or be impeached. The latter is not easy to do.

[janetjanet998]

“the mere prospect that the species might eventually move there”

---

Holy Moly....I has no idea it was getting that crazy

[fruser1]

The best way to deal with an endangered species is to make it extinct.

[horsappl]

Thanks for this post! The state of Minnesota took land from farmers to increase pheasant population. Thanks to the land owners for fighting this land grab!

[george76]

The dusky gopher frog—a species that has not been seen in the state for more than 50 years.

Federal bureaucrats laid claim to this land .. while acknowledging that the property is unsuitable as frog habitat and plays no role in the conservation of the frog—and likely never will.

The landowners here are victims of a shocking abuse of federal power.. PLF Senior Attorney Mark Miller. “If bureaucrats can label any area as protected habitat, even where the species does not exist and where the property can’t be used for the species’ conservation, there is no limit to the land that federal regulators can grab.”

https://pacificlegal.org/press-release/u-s-supreme-court-will-hear-challenge-to-federal-land-grab-for-phantom-frog/

[george76]

UN Agenda 21 ( Let me know if you wish to be added or removed from the list.)

[jazusamo]

Thank you, FRiend and to the PLF.

[zeugma]

For those interested. You may want to read the opinion itself.

I just saw this article, but will be reading through it myself tonight.

[laplata]

Thanks, george. Good news.

[laplata]

That’s right.

I know of someone who “disappeared” some spotted owls so he could build a barn on his own property. They spotted some other owls down the road and said “They must have moved on”.

[ridesthemiles]

The vicious fires in California started the day the Sierra Club got it’s 503 (c) status from the IRS.

Everyone who contributed as little as $1 is guilty for those fires.

You think Agenda 21 from the UN is a good thing? Tell that to the fire victims.

[zeugma]

Some might also be interested in reading the oral arguments to the above case.

[AAABEST]

I just lost a 50k commission on a commercial parcel because it was deemed Panther habitat... a busy intersection with 49,000 cars passing per day. Total arbitrary left wing thug bullshit negatively altering the way our community will develop going forward.

It's absolutely outrageous what we've allowed the fed to rain down on us.