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
Mar 24, 2026
NAHB’s New Resource Shares Tools for Successful LeadershipBuilderBooks, the publishing arm of NAHB, recently released Frameworks for BOLD Leadership: Blueprints to Build Trust, Teams, and Legacy. The new title equips leaders at every level with tools to lead with clarity, conviction and credibility. The foreword was written by NAHB CEO Jim Tobin.
Mar 23, 2026
Best Year for Multifamily Missing Middle Construction Since 2007Although not a huge jump, 2025 featured the highest construction volume for multifamily missing middle housing starts since 2007. However, this subsector continues to underperform relative to its potential, due in part to zoning restrictions.
Latest Economic News
Mar 24, 2026
Almost Half of the Owner-Occupied Homes Built Before 1980Around 47% of the U.S. housing stock was built in the 1980s and earlier. The median age of owner-occupied homes climbed to 42 years old in 2024, up from 31 in 2005 according to the latest data from the American Community Survey.
Mar 23, 2026
Comparing New and Resale Prices: 4Q25In the fourth quarter of 2025, the median price for a new single-family home was $405,300, which was $9,600 lower than the median price of an existing home, which stood at $414,900.
Mar 23, 2026
Demolition Activity Slows Down But Remains Above Pre-Pandemic LevelsResidential demolition activity in 2025 declined 0.1% year-over-year but remained above pre-pandemic levels. According to NAHB analysis of data from Construction Monitor, permits pulled for residential demolition have been increasing since 2018, with the exception of 2020, when building-related activities broadly stalled.