Chief United States District Judge Jeffrey Beaverstock struck down on Thursday the U.S. Fish and Wildlife Service's designation of Alabama forestland as critical habitat for the black pine snake, ruling that the agency acted arbitrarily without scientific evidence.
The ruling is a victory for a Clarke County family and others who collectively own more than 35,000 acres of forestland that was subject to the critical habitat designation.
"This opinion makes it clear that the FWS cannot claim that areas are occupied by a species without evidence, and that it cannot claim that these harmful designations do not affect property owners," said Jeffrey McCoy, an attorney at Pacific Legal Foundation. "Judge Beaverstock recognized that the Fish and Wildlife Service mistakenly and unlawfully designated our clients' property as occupied. We are happy that the harmful designation has been removed and that our clients will not be needlessly restricted in using their land."
The Pacific Legal Foundation represents Thomas Gray Skipper, Skipper Land Holdings LLC, Phalyn LLC, and Forest Landowners Association free of charge in the case.
The Skipper family has owned and managed Clarke County timberland since 1902, voluntarily participating in Alabama's Wildlife Management Area program for 60 years until the Service's 2020 designation forced their withdrawal. The U.S. Fish and Wildlife Service based its "occupied" determination on one pine snake sighting in 20 years, despite a comprehensive state survey finding no snakes on the property.
The court also found the U.S. Fish and Wildlife Service had ignored obvious economic harm, acknowledging that the designation affects $180 million worth of private land while refusing to measure the actual damage to families like the Skippers.
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