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

Advocacy

Mar 13, 2026

NAHB Commends President Trump’s Executive Orders on Housing

NAHB Chairman Bill Owens issued the following statement after President Trump announced today’s executive orders on housing.

Workforce Development | HBA

Mar 13, 2026

New Training Center Strengthens Florida HBA’s 50-Year Apprenticeship Program

Since 1973, the Northeast Florida Builders Association’s Apprenticeship Program has trained more than 2,500 skilled trades professionals for careers in residential construction.

View all

Latest Economic News

Economics

Mar 12, 2026

Single-Family Starts Remain Soft in January on Affordability Concerns

Elevated construction costs and constrained affordability conditions led to a reduction in single-family housing starts in January.

Economics

Mar 11, 2026

Inflation Steady Before War

After months of downward trend, inflation held steady at an eight-month low in February. This report does not reflect the recent surge in oil prices due to Iran conflict beginning February 28. Higher oil prices will likely translate into higher gasoline costs and impact other sectors associated with transportation including airline tickets.

Economics

Mar 11, 2026

Single-Family Permits End 2025 on a Soft Note

Single-family permitting softened over the course of 2025 and finished the year weaker than the prior year. After showing some resilience in 2024, permitting activity gradually lost momentum as elevated mortgage rates and ongoing affordability constraints weighed on buyer demand.