Louisiana Landowners Score Property Rights Win in Dusky Gopher Frog Case
In a victory for property rights, a Louisiana family earlier this month reached a settlement with the U.S. Fish and Wildlife Service in which the federal government agreed to drop its efforts to designate "critical habitat" for the dusky gopher frog on their land.
The case began in 2012 when the U.S. Fish and Wildlife Service sought to limit development on more than 1,500 acres of the Louisiana family’s land by designating it as a critical habitat for the dusky gopher frog. The action was taken even though the dusky gopher frog had not been seen in Louisiana for more than 50 years.
In 2016, the U.S. Circuit Court of Appeals for the Fifth Circuit ruled that the government’s actions were permissible.Two years later in a unanimous decision, the U.S. Supreme Court sent the critical habitat designation for the dusky gopher frog back to the Fifth Circuit for reconsideration.
The Fifth Circuit then sent the case down to the U.S. District Court for the Eastern District of Louisiana, where the parties entered into settlement discussions.
Now that the Fish and Wildlife Service has settled the case in favor of the Louisiana landowners, the agency is working on a proposed rulemaking to define the Endangered Species Act term "habitat."
Latest from NAHBNow
Jun 25, 2026
NAHB Legal Action Fund Awards $175,000 in Legal Support at Spring MeetingAt its recent meeting at the 2026 Spring Leadership Meeting in D.C., the NAHB Legal Action Committee reviewed requests for Legal Action Fund assistance and recommended a total of $175,000 in legal grants, which was approved by the NAHB Board of Directors.
Jun 24, 2026
HUD Announces 14 Regulatory Changes to Help Lower Housing CostsThe U.S. Department of Housing and Urban Development announced 14 policy changes to its Federal Housing Administration (FHA) Single Family mortgage insurance program aimed at lowering costs, easing regulatory burdens, and improving affordability for Americans using FHA-insured mortgages.
Latest Economic News
Jun 25, 2026
PCE Inflation Hits 3-Years High in MayAs the Iran conflict pushed up energy prices, the Personal Consumption Expenditures (PCE) Price Index—the Federal Reserve’s preferred inflation gauge—accelerated to a three-year high in May.
Jun 24, 2026
Affordability Concerns Push New Home Sales Lower in MayElevated mortgage rates, rising inflation and economic uncertainty kept many buyers out of the market in May as consumers and builders continue to deal with challenging affordability conditions. While monthly sales activity softened, builders continue to operate in a market characterized by cautious buyers and persistent financing constraints.
Jun 24, 2026
Sawmill Output Slips as Capacity Continues to DeclineU.S. sawmill production fell in the first quarter, the second consecutive quarter of lower output according to the Federal Reserve G.17 Industrial Production report. Sawmill output has remained largely flat since 2023, after increasing in the post-pandemic period.