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Weyerhaeuser Company, Petitioner v. United States Fish and Wildlife Service, et al.

Certiorari Granted on January 22, 2018

The date for argument has not yet been set.

This case is joined to No. 17-74

  • Amicus Briefs in support of Petitioner or Neither Party are due April 23, 2018.

  • Amicus Briefs in support of Respondents are due within 30 days of the filing of the Petitioner's Merits Brief, which would be May 23, 2018 if the Petitioner files on its deadline.

Counsel for Petitioner

Timothy S. Bishop

Mayer Brown, LLP

71 South Wacker Drive

Chicago, IL 60606



Party name: Weyerhaeuser Company

Party name: United States

Counsel for Petitioner

John Thorvald Buse

Center for Biological Diversity

1212 Broadway, Suite 800

Oakland, CA 94612



Party name: Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network

Party name: United States


Noel J. Francisco

Solicitor General

United States Department of Justice

Washington, DC 20530-0001



Party name: United States Fish and Wildlife Service, et al.

Party name: United States


Mark Miller

8645 N. Military Trail

Suite 511

Palm Beach Gardens, FL 33410

United States Department of Justice



Party name: Markle Interests, LLC, et al.

Question One

1. Whether the Endangered Species Act prohibits designation of private land as unoccupied critical habitat that is neither habitat nor essential to species conservation.

Question Two

2. Whether an agency decision not to exclude an area from critical habitat because of the economic impact of designation is subject to judicial review.