by Michael BastaschThe Supreme Court sided with landowners Tuesday in a dispute over the reach of the Endangered Species Act. “We all actually thought something like this would happen, but what’s really stunning is this is an eight to nothing decision,” Poitevent said. An appeal to the Supreme Court followed. “Only the ‘habitat’ of the endangered species is eligible for designation as ‘critical habitat,’” Roberts wrote. As such, the crux of Tuesday’s ruling provides that only land that qualifies as “habitat” may be designated “critical habitat,” but the exact definition of “habitat” remains unresolved.