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NEW ORLEANS (AP) — A Libertarian organization is asking the U.S. Supreme Court to overturn a declaration that Louisiana timberland is critical habitat for an endangered frog found only in Mississippi.

The nonprofit Pacific Legal Foundation wants the high court to overturn lower court rulings that have upheld the U.S. Fish and Wildlife Service, which says the 1,500-acre (607-hectare) tract is the only potential breeding ground outside Mississippi for dusky gopher frogs .

The foundation said in a news release the declaration is an “unprecedented abuse of the Endangered Species Act,” since the frogs haven’t lived in Louisiana since 1965.

But a lawyer with the Center for Biological Diversity says the foundation’s challenge is pointless because no appeals court has ever ruled that the federal agency violated the Constitution when implementing the Endangered Species Act.