In a decision that could bring better protection for endangered species, smarter growth, reduced housing costs and more open government, the U.S. Court of Appeals for the District of Columbia, recently ruled that the U.S. Fish and Wildlife Service must tell Arizona builders and the National Association of Home Builders (NAHB) where endangered cactus ferruginous pygmy owls may be found on private lands.

NAHB had requested the information under the Freedom of Information Act but the federal agency had resisted, arguing that disclosing the location of the birds’ habitat would cause birdwatchers to trespass on private property.

“With this court decision, builders can finally get vital information on where endangered species are, and are not, located, and provide better protection for them,” said NAHB President Gary Garczynski. “If the Service would give us this information, we would know which areas to avoid. This decision will bring more protection for the owls and more certainty for builders. The decision will also keep new homes affordable for consumers by removing needless development delays and costs for measures that do nothing to protect endangered species.”

For decades, a central element of the Endangered Species Act has been protection measures for areas where a threatened or endangered species is likely to be found. Federal agencies have not always been forthcoming on the exact locations of these areas.