MARKLE INTERESTS, L.L.C.; P&F Lumber Company 2000, L.L.C.; PF Monroe Properties, L.L.C., Plaintiffs - Appellants 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, Defendants - Appellees Center for Biological Diversity; Gulf Restoration Network, Intervenor Defendants - Appellees Weyerhaeuser Company, Plaintiff - Appellant 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, Defendants - Appellees Center for Biological Diversity; Gulf Restoration Network, Intervenor Defendants - Appellees

United States Court of Appeals for the Fifth Circuit2019-04-02No. No. 14-31008; Cons/w 14-31021

919 F.3d 963

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Opinion · public domain

majority opinion

PER CURIAM:

On June 30, 2016, in a divided opinion, we affirmed the district courts grant of summary judgment to appellee United States Fish and Wildlife Service in this lawsuit challenging the Services 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 Courts 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.