Mark I am not personally involved with the case so I know only what I hear on the news.
But yes the F&W service states the land has some wet spots or "ephemeral ponds" that dry up in the summer. This means the wet spots can not support fish. And that is one key factor for the frog.
But the F&W service also states that even though the land contains these wet spots they will not support the frog in their present condition. Mostly it has a tree canopy that would have to be cut down. And the F&W service can not force the land owner to cut the trees down. Even if the land owner did cut the trees down; that will most likely happen since the land is under a timber lease; the trees would naturally grow back with no help from the land owner.
Hence the fight. If the land owner would cooperate the land "could" become suitable habitat at the land owners expense. But since they can not force the land owner to cooperate the land will never support the frog.
I take that as my land will not support XYZ squirrel or bird because it is 1000 acres of hay field and pasture. But if I planted a forest of this particular tree (at my expense) that does not presently grow on my land; my land would then support the squirrel or bird.
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