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Markle Interests, L. L.C. v. U.S. Fish & Wildlife Serv.

U.S. Court of Appeals for the Fifth Circuit
Markle Interests, L. L.C. v. U.S. Fish & Wildlife Serv., 919 F.3d 963 (5th Cir. 2019)
Higginson, Owen, Reavley

Markle Interests, L. L.C. v. U.S. Fish & Wildlife Serv.

Opinion of the Court

PER CURIAM:

*964On June 30, 2016, in a divided opinion, we affirmed the district court's grant of summary judgment to appellee United States Fish and Wildlife Service in this lawsuit challenging the Service's designation of land in St. Tammany Parish as "critical habitat" for the dusky gopher frog under the Endangered Species Act. Markle Interests, L.L.C. v. United States Fish & Wildlife Serv. , 827 F.3d 452 (5th Cir. 2016). The Supreme Court granted certiorari and vacated our judgment on November 27, 2018. Weyerhaeuser Co. v. U.S. Fish & Wildlife Serv. , --- U.S. ----, 139 S.Ct. 361, 202 L.Ed.2d 269 (2018). In light of the Supreme Court's order, we REMAND to the district court for further proceedings, including any determination as to the appropriateness of a remand to Fish and Wildlife Service.

Reference

Full Case Name
MARKLE INTERESTS, L.L.C. P&F Lumber Company 2000, L.L.C. PF Monroe Properties, L.L.C. v. UNITED STATES FISH AND WILDLIFE SERVICE Daniel M. Ashe, Director of United States Fish & Wildlife Service, in his official capacity United States Department of Interior Sally Jewell, in her official capacity as Secretary of the Department of Interior, - Center for Biological Diversity Gulf Restoration Network, Intervenor - Weyerhaeuser Company v. United States Fish and Wildlife Service Daniel M. Ashe, Director of United States Fish & Wildlife Service, in his official capacity Sally Jewell, in her official capacity as Secretary of the Department of Interior, - Center for Biological Diversity Gulf Restoration Network, Intervenor
Status
Published
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