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
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.
Jul 24, 2026
Podcast: Exploring Next Steps on the ROAD to HousingOn the latest episode of NAHB’s podcast, Housing Developments, CEO Jim Tobin and COO Paul Lopez discuss what’s next following the enactment of the 21st Century ROAD to Housing Act, how state and local HBAs are tackling key issues in their areas, and the latest economic data.
Latest Economic News
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.
Jul 24, 2026
New Home Sales Edge Higher as Affordability Challenges PersistAffordability challenges continued to weigh on the new-home market in June, as elevated mortgage rates, rising inflation and broader economic uncertainty kept many prospective buyers on the sidelines.
Jul 23, 2026
Acquisitions Increasing Among Home BuildersAt the start of 2026, most home builders predicted that high mortgage rates and hesitancy among buyers would be their toughest challenges this year. They weren’t wrong: the 30-year mortgage rate averaged 6.49% in June and housing demand has weakened, as reflected by flat mortgage applications in the first half of the year.