Filed: Apr. 02, 2019
Latest Update: Mar. 03, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED _ April 2, 2019 No. 14-31008 Lyle W. Cayce _ Clerk 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 Secretar
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED _ April 2, 2019 No. 14-31008 Lyle W. Cayce _ Clerk 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..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
___________________ April 2, 2019
No. 14-31008 Lyle W. Cayce
___________________ Clerk
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
_____________________________________________________________
Cons/w 14-31021
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
_______________________
Appeals from the United States District Court
for the Eastern District of Louisiana
_______________________
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before REAVLEY, OWEN, and HIGGINSON, Circuit Judges.
PER CURIAM:
On June 30, 2016, in a divided opinion, we affirmed the district court’s
grant of summary judgment to appellee United States Fish and Wildlife
Service in this lawsuit challenging the Service’s 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.,
139 S. Ct. 361 (2018). In light of the Supreme
Court’s 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.