Supreme Court of the United States

Weyerhaeuser Company, Petitioner v. United States Fish and Wildlife Service

November 27, 2018139 S. Ct. 361

Summary

The Court held that under the Endangered Species Act, "critical habitat" must be a subset of "habitat," and that the Service's decision not to exclude an area from critical habitat is subject to judicial review for abuse of discretion. The judgment of the Fifth Circuit was vacated and the case remanded for further proceedings.