U.S. Supreme Court,
Environmental & Energy
Nov. 28, 2018
Only an actual habitat can be designated a ‘critical’ habitat
In one of its early decisions this term, the U.S. Supreme Court decided to give us all a lesson in the proper use of the English language.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
OT18 / TAKINGS TALK
In one of its early decisions this term, the U.S. Supreme Court decided to give us all a lesson in the proper use of the English language. It did so in the context of the Endangered Species Act, which directs the Secretary of the Interior, upon listing a species as "endangered," to also designate "critical habitat" for the species. The point of the latter is to guard some areas that are deemed critical to the survival of th...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In