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
Economics
Nov 03, 2026
NAHB Chief Economist Provides 2027 Outlook in Free December Webinar
NAHB Chief Economist Dr. Robert Dietz will be featured in a live webinar on Dec. 8, 2026, hosted by Pro Builder.
Membership
Nov 02, 2026
Say Thank You During HBA Staff Appreciation Week
Celebrate the professionals who make the Federation stronger.
Latest Economic News
Economics
Nov 03, 2026
Construction Job Openings Rise in September
The number of open positions in the construction sector increased in September per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down from three years ago due to declines in construction activity, particularly in housing.
Economics
Nov 02, 2026
Private Residential Construction Slips as Remodeling Weakens
Private residential construction spending decreased in September 2026 driven by a steep decline in improvement (remodeling) spending. According to the latest construction spending data from the U.S. Census Bureau, private residential construction spending came in at a seasonally adjusted annual rate (SAAR) of $848.8 billion in September, down 5.5% from the revised August estimates and lower by 8.9% from last year.
Economics
Nov 02, 2026
Interior Finishes: The Most Time-Consuming Stage of Single-family Construction
Interior finishes (drywall, interior doors, painting, cabinets, countertops, plumbing fixtures, flooring, etc.) take more time to complete—6.4 weeks, on average—than any other major stage of single-family construction, according to results from the latest NAHB/Well Fargo Housing Market Index (HMI) survey.