Jump to Navigation
Jump to Content

Markle Interests, LLC v. United States Fish & Wildlife Service

ELR Citation: 43 ELR 20142
Nos. 13-0234, (E.D. La., 06/25/2013) (Shushan, J.)

A district court granted environmental groups' motion to intervene in a landowner's lawsuit challenging FWS' critical habitat designation for the dusky gopher frog in portions of Louisiana and Mississippi. The landowner, who owns property that falls within the designation, argued that the designation was unlawful under the ESA and APA in part because its property contains neither the frog nor the physical and biological features essential to its conservation. The groups filed a motion to intervene, and the landowner opposed that motion. But the groups' application is timely, they have a legally protected interest in the action, and the action threatens to impair that interest. In addition, the groups' interests are not adequately represented by FWS, as it had to sue FWS to get the challenged rules and protections in place. The groups, therefore, may intervene in the case.