A recent U.S. Supreme Court (SCOTUS) decision found that critical habitat must be actual habitat for a species and that decisions not to exclude areas from critical habitat are subject to judicial review—a ruling that many are heralding as a check on regulatory overreach. In Weyerhaeuser Co. v. the U.S. Fish and Wildlife Service (FWS), the plaintiff challenged the FWS on its designation of an unoccupied area, not currently habitable to the species, as critical habitat for the dusky gopher frog. The Fifth Circuit court deferred to the Service. However, SCOTUS remanded the case back to the circuit court to determine the meaning of “habitat” specific to the facts in this case and whether FWS’s designation of critical habitat was “arbitrary and capricious.