Louisiana Landowners Score Property Rights Win in Dusky Gopher Frog Case

Environment
Published

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."

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Land Development

Jun 26, 2026

New NAHB Guide Addresses One of the Biggest Barriers to Missing Middle Housing: Financing

NAHB has released a new guide on financing missing middle housing. The guide is designed to help builders, developers and lenders better understand why these projects often struggle to secure financing and what can be done to close the gap.

Remodeling | Awards

Jun 26, 2026

Meet Robert Wood, the 2025 NAHB Remodeler of the Year

When Robert Wood and his wife Heather first started their company Mountainwood Homes back in 2008, one of their goals was to win a national award. That goal was achieved at the 2026 International Builders’ Show in Orlando, when Robert was named NAHB’s Remodeler of the Year.

View all

Latest Economic News

Economics

Jun 26, 2026

Property Tax Revenue Leads State and Local Tax Growth in Q1 2026

Property tax revenue collected by state and local governments was higher in the first quarter of 2026 according to the Census Bureau’s quarterly summary of state and local tax revenue.

Economics

Jun 25, 2026

State-Level Economic Growth Strengthened in the First Quarter of 2026

State economic growth strengthened in the first quarter of 2026, with real GDP increasing in 46 states and the District of Columbia. According to the Bureau of Economic Analysis (BEA), state-level growth rates ranged from a 4.5% annualized increase in Washington to a 1.6% decline in South Dakota, while Delaware’s economy was essentially unchanged during the quarter.

Economics

Jun 25, 2026

PCE Inflation Hits 3-Years High in May

As 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.