Author: Frank Garrison and Charles Yates, Opinion Contributors

Federal agencies lay the groundwork to ignore the Supreme Court

In Weyerhaeuser v. U.S. Fish and Wildlife Service, the Supreme Court held that land designated by the U.S. Fish and Wildlife Service as “critical habitat” under the Endangered Species Act (ESA) must be habitable for the species the Service seeks to protect. But the Service recently jettisoned the rule defining “habitat” that it adopted to…