Skipper v. United States Fish and Wildlife Service

ELR Citation: 55 ELR 20118
No(s). 21-00094-JB-B (S.D. Ala. Aug 21, 2025) (Beaverstock, J.)

A district court granted in part and denied in part summary judgment for property owners in a challenge to FWS' 2020 final rule designating ESA critical habitat for the black pinesnake. Timberland owners and family trusts whose land falls within two units designated as critical habitat argued the designation reduced property values, interfered with land use, and stigmatized their property. The court found the Service's designation of Units 7 and 8 as "occupied" critical habitat was unsupported by observational data and fell short of the evidentiary standard required under the ESA. It further found the Service relied on an economic analysis that failed to consider quantifiable impacts. It vacated the rule as it pertains to Units 7 and 8 and remanded to FWS for further proceedings.

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