Fifth Circuit: Markle Interests, L.L.C. v. U.S. Fish and Wildlife

Environment

Loss of property value confers sufficient Article III standing.

Agency finding that land was essential for conservation of a species did not have to establish that the species was present there.

No specific methodology of economic impact assessment is compelled by statute.

Sufficient interstate commerce when considered in the aggregate.

No impact statement required, as there is no change to be made in the physical environment.

 Dissent: Not a suitable habitat for the species.


Markle Interests, L.L.C. v. U.S. Fish and Wildlife