AG Hawley Achieves Reconsideration of Federal Rules that Excessively Restrict Property Owners’ Use of Land

Mar 15, 2018, 10:44 AM
Mar 15, 2018, 10:43 AM

Jefferson City, Mo.  – Missouri Attorney General Hawley announced that, because of a lawsuit filed by Missouri and 19 other States, the federal government has agreed to reconsider rules that restrict property owners’ use of land. 

In 2016, federal agencies adopted two new rules that allowed the federal government to designate land as “critical habitat” for an endangered species, even if that species did not presently live on that land and even if the land failed to possess the biological features necessary for the survival of the species. The States filed a lawsuit in November of 2016 in the U.S. District Court for the Southern District of Alabama challenging the two rules as an unlawful federal overreach. Today’s settlement of that case, Alabama v. National Marine Fisheries Service, requires the federal agencies to submit revised rules for public review within 60 days and retains the States’ ability to file another lawsuit should the new rules perpetuate the federal overreach. 

“This was a case of clear federal government overreach,” Hawley said. “I am pleased that these harmful regulations will be reconsidered. My Office will always fight to protect Missouri landowners.”

States joining Missouri in the settlement are Alabama, Alaska, Arkansas, Arizona, Colorado, Idaho, Kansas, Louisiana, Michigan, Montana, Nebraska, New Mexico, Nevada, North Dakota, South Carolina, Texas, West Virginia, Wisconsin and Wyoming.