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
May 19, 2026
Project Planning Tips to Boost ProfitabilityLearn all the best ways to develop and follow a clear project schedule to increase profitability and your client's satisfaction in NAHB's live online course The Project Schedule: A Planning and Communication Tool.
May 18, 2026
Residential Building Worker Wage Growth SubduesBoth nominal and inflation-adujsted wage gains remained calm, according to data from the U.S. Bureau of Labor Statistics, revealing a slower labor market following the post-pandemic expansion.
Latest Economic News
May 19, 2026
Who Drives Remodeling Spending?Residential remodeling is an important and growing sector of the housing market, particularly as elevated mortgage rates and limited housing inventory encourage many homeowners to improve their existing homes rather than move.
May 18, 2026
Builder Sentiment Posts Gain in May but Significant Affordability Challenges PersistBuilder confidence posted a modest gain in May even as buyers grapple with rising mortgage rates and economic uncertainty while builders continue to contend with elevated land, labor and construction costs.
May 15, 2026
Credit for Builders Tightens in the First Quarter, But Only SlightlyCredit conditions on loans for residential Land Acquisition, Development & Construction (AD&C) were still tightening in the first quarter of 2026, but only slightly, according to NAHB’s quarterly survey on AD&C Financing.