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
Jul 27, 2026
Building A Resilient Home from the Ground Up With Climate Responsive DesignAs climate pressures intensify, builders are being asked to deliver homes that perform under more challenging conditions. The most effective place to start is at the site and planning level, where architects, engineers and builders work together.
Jul 27, 2026
Precision Planning Keeps The New American Home 2027 on TrackAs construction quickly progresses on the 2027 exhibit home of the International Builders' Show, the project is strategically navigating one of its most demanding phases: the rough-in.
Latest Economic News
Jul 28, 2026
How a Home Purchase Boosts Consumer SpendingThe housing market has changed greatly since the COVID-19 pandemic, along with consumer spending behaviors. During this period, housing demand surged, home prices appreciated rapidly, inflation increased, supply-chain disruptions happened, and mortgage rates moved from historic lows to elevated levels.
Jul 28, 2026
Median Lot Value Stabilizes as Regional Trends DivergeFollowing a multi-year run of record highs, the national median lot value for single-family detached spec homes largely stabilized in 2025. According to NAHB’s analysis of the Census Bureau’s Survey of Construction (SOC), the U.S. median lot value for homes started in 2025 was $59,000, compared with $60,000 a year earlier.
Jul 27, 2026
Share of Apartments Built in Buildings with 50+ Units Moves Higher in 2025Following the highest number of multifamily completions in nearly 40 years in 2024, completions declined in 2025 to 484,000, according to NAHB analysis of the Census Bureau’s Survey of Construction. For the ninth consecutive year, a majority of new multifamily units were in buildings with 50 or more units (labeled as high-density buildings) at 57%, the highest share since 2021.