*964On 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. , --- U.S. ----, 139 S.Ct. 361, 202 L.Ed.2d 269 (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.
Markle Interests, L. L.C. v. U.S. Fish & Wildlife Serv., 919 F.3d 963 (2019)
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
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
No. 14-31008
Cons/w 14-31021
United States Court of Appeals, Fifth Circuit.
FILED April 2, 2019
Mark Miller, Pacific Legal Foundation, Palm Beach Gardens, FL, Damien M. Schiff, Pacific Legal Foundation, Sacramento, CA, for Plaintiff-Appellant MARKLE INTERESTS, L.L.C.
Mark Miller, Pacific Legal Foundation, Palm Beach Gardens, FL, Edward B. Poitevent, II, Metairie, LA, Brian Michael Ballay, Esq., Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, for Plaintiffs-Appellants P&F LUMBER COMPANY 2000, L.L.C., PF MONROE PROPERTIES, L.L.C.
John David Gunter, II, Esq., Trial Attorney, U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, Luther Langon Hajek, U.S. Department of Justice, Environmental Defense Section, Denver, CO, Mary Elisabeth Hollingsworth, U.S. Department of Justice, Washington, DC, for Defendant-Appellee UNITED STATES FISH AND WILDLIFE SERVICE, DANIEL M. ASHE, UNITED STATES DEPARTMENT OF INTERIOR, SALLY JEWELL.
Collette Lucille Adkins, Center for Biological Diversity, Circle Pines, MN, John Buse, Center for Biological Diversity, Oakland, CA, for Intervenor Defendants-Appellees CENTER FOR BIOLOGICAL DIVERSITY, GULF RESTORATION NETWORK.
Paul Korman, Tyson Kade, Van Ness Feldman, L.L.P., Washington, DC, for Amicus Curiae AMERICAN FARM BUREAU FEDERATION NATIONAL ALLIANCE OF FOREST OWNERS NATIONAL ASSOCIATION OF HOME BUILDERS.
Andrew Lynn Brasher, Deputy Solicitor, Office of the Attorney General for the State of Alabama, Montgomery, AL, for Amici Curiae STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARKANSAS, STATE OF GEORGIA, STATE OF IDAHO, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MONTANA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF OHIO, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF TEXAS, STATE OF WYOMING.
Before REAVLEY, OWEN, and HIGGINSON, Circuit Judges.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES