You have a very good point Mark. Maybe that is why the plaintiffs lawyer is arguing that this does break new ground. His argument is that never before has anyone deemed said ground critical habitat if the species does not live there now. And never before has said ground been deemed critical habitat because it contains one of three things a species must have to survive.
I could understand if the frog lived there now; or even if the land in its natural state could support the frog if it was put there.
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