Dusky Gopher Frog Case Lives On
Late last year, the U.S. Supreme Court issued a unanimous decision that was favorable to NAHB members in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, better known as the Dusky Gopher Frog case.
The Court found that an area of land is eligible for designation as “critical habitat” under the Endangered Species Act only if it is a habitat for listed species. And any decision not to exclude an area from critical habitat is subject to judicial review. The Court remanded the case to the Fifth Circuit to define the word “habitat.”
The Fifth Circuit then punted to the Fish and Wildlife Service (FWS) and tasked the very agency that lost the case with creating a new definition for “habitat.”
Concerned that a hard-fought victory at the Supreme Court might be upended by the FWS, NAHB proactively filed a coalition comment letter in April recommending a regulatory definition of “habitat.” Among other things, the letter suggests a definition that specifies that only those areas that are actually habitable at the time of critical habitat designation are “habitat,” an issue that was central to the case.
It is critically important that industry groups like NAHB stay involved in litigation even after cases are seemingly decided. In this case, the responsibility for redefining a litigated word resting with a losing party could undermine a unanimous Supreme Court decision.
Latest from NAHBNow
Membership
Oct 30, 2026
Chairman's Update: Apply Now to Serve on a Council or Committee
In his latest update, NAHB Chairman Bill Owens highlights the value of serving on a committee or council, and how members can apply.
Workforce Development
Oct 30, 2026
Four Ways HBAs Can Support Skilled Trades Education
Across the country, the Home Builders Institute works alongside home builders associations and their foundations to bring skilled trades education to more students and connect that education to opportunities in their communities.
Latest Economic News
Economics
Oct 30, 2026
Housing’s Share of the Economy Falls Again as It Continues to Face Headwinds
Housing’s share of the economy was 15.7% in the third quarter of 2026, according to the latest estimates of GDP produced by the Bureau of Economic Analysis. This share is down from 15.8% in the second quarter and down from 16.0% a year ago. Residential construction, measured by residential fixed investment, fell for the sixth time over the past eight quarters.
Economics
Oct 29, 2026
PCE Inflation Accelerated in September
The Federal Reserve’s preferred inflation gauge accelerated in September after holding at 3.0% for three consecutive months, complicating the Fed’s path to its 2% target. Consumer spending continued to be pushed up by elevated energy prices rather than income growth, driving the personal saving rate to the lowest level in nearly four years.
Economics
Oct 29, 2026
U.S. Economy Accelerated in the Third Quarter of 2026
The U.S. economy grew at a faster pace in the third quarter of 2026, supported by stronger consumer spending, robust business investment, and increased government spending. However, residential investment remained a weak spot, highlighting the continued challenges facing the housing sector amid elevated borrowing costs.