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
Aug 18, 2026
Housing Starts Retreat on Market Headwinds
Overall housing starts decreased 12.4% in July to a seasonally adjusted annual rate of 1.24 million units, according to a report from the U.S. Department of Housing and Urban Development and the U.S. Census Bureau.
Energy
Aug 17, 2026
HUD Releases New HOME and HTF Energy Standards Following NAHB Win
Following key code victories secured by NAHB earlier this year, HUD has revised the energy standards that HOME Investment Partnerships Program (HOME) Participating Jurisdictions and Housing Trust Fund (HTF) grantees must meet for newly constructed housing.
Latest Economic News
Economics
Aug 18, 2026
Housing Starts Retreat on Market Headwinds
Housing starts fell in July as economic uncertainty, rising construction costs, labor shortages and elevated financing expenses continued to challenge builders.
Economics
Aug 18, 2026
Cash Purchases of New Homes Fall to Lowest Share Since 2007
New home sales rose in the second quarter but were lower than a year ago, according to the U.S. Census Bureau New Residential Sales release.
Economics
Aug 17, 2026
Consumer Credit Slowed in Q2
In the second quarter of 2026, consumer credit growth slowed over the quarter and was lower than a year ago. According to the Federal Reserve’s G.19 Consumer Credit Report, total outstanding U.S. consumer credit reached $5.17 trillion in the second quarter of 2026.