Stakeholders have the right to challenge decisions by the U.S. Fish and Wildlife Service not to exclude an area from critical habitat, Karma Brown tells Law360. The comment came after the U.S. Supreme Court suggested there are limits to the government’s ability to designate critical habitat—in this case, the habitat of the endangered dusky gopher frog. “In vacating the Fifth Circuit’s decision, Chief Justice Roberts noted that ‘legal lapses and violations occur, and especially so when they have no consequence.’ ”

Read High Court Hints At Skepticism Of ESA Reach In Frog Ruling, Law360, November 27, 2018. (Subscription)