Supreme Court Won't Intervene in 'Critical Habitat' Designations

"The Supreme Court declined [Tuesday] to take up whether federal regulators and courts take account sufficiently of the economic impacts of "critical habitat" designations under the Endangered Species Act.

It is a touchy issue because private property owners, including developers and ranchers, have objected to critical habitat designations that infringe on their ability to do business.

The Endangered Species Act specifically states that the Fish and Wildlife Service must designate critical habitats based on "the best scientific data available" but must also "take into consideration the economic impact" of a designation.

The service has the discretion to reject an area for inclusion in the critical habitat for economic, national security or 'any other relevant impact.'"

Lawrence Hurley reports for Greenwire February 22, 2011.