On February 17, 2017, we blogged about the Fifth Circuit’s ruling in Markle Interests LLC v. U.S. Fish & Wildlife Service, upholding the Service’s designation of 1500 acres of Louisiana property as critical habitat for the dusky gopher frog, despite the absence of the frog from that land for over 50 years and the complete inability of the property to support the frog.

Markle has now filed a petition for certiorari, supported by a number of amici curiae, including the Chamber of Commerce and 18 state attorneys general.  The same 18 attorneys general have filed suit in District Court to enjoin the 2016 amendments to the regulations.