NEW ORLEANS — Fifteen states are asking a federal appeals court to reconsider a Louisiana landowner’s attempt to keep the government from listing 1,500 forest acres as essential to an endangered frog.
A 2-1 June ruling upheld a district judge’s decision that the U.S. Fish and Wildlife Service was within bounds in declaring the land part of a critical habitat for dusky gopher frogs, now found only in Mississippi.
Federal scientists say it’s the only potential breeding ground outside Mississippi.
Tuesday’s petition says the rulings leave the concept of essential habitat without meaningful limit. It supports the landowner’s earlier request for a hearing by the entire 5th U.S. Circuit Court of Appeals.
The states are Alabama, Alaska, Arkansas, Georgia, Idaho, Kansas, Louisiana, Montana, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, Texas and Wyoming.
