Court Strikes Down Federal Overreach in Landmark Private Property Rights Win
Black Pinesnake Critical Habitat Designation Vacated Due to Lack of Scientific Evidence
Carrollton, GA – Private landowners won a decisive victory for private property rights this week as the United States District Court for the Southern District of Alabama struck down a U.S. Fish and Wildlife Service (FWS) decision that attempted to designate more than 35,000 acres of private timberland in Alabama as “critical habitat” for the black pinesnake. The court found the agency’s actions unlawful, citing a lack of scientific evidence and flawed economic analysis.
Most of the disputed acreage belongs to Gray Skipper, private landowner and member of the Forest Landowners Association board of directors, whose family has long managed the land for sustainable forestry. Skipper was among the plaintiffs in the case, standing up on behalf of landowners across Alabama and the South. Despite little evidence that the black pinesnake occupied the property, FWS moved forward with the designation, imposing unnecessary restrictions on private land use.
The United States District Court for the Southern District of Alabama ruled that the government overstepped and acted unlawfully. The Court Found:
1. No Proof of Occupancy – FWS claimed that Units 7 and 8 were “occupied” by the snake, yet evidence showed only a handful of sightings decades ago — and none on the actual private property in question. The Court rejected the designation as arbitrary and unsupported by science.
2. Flawed Economic Analysis – FWS dismissed landowners’ concerns about decreased property values and regulatory burdens. FWS’s economic study failed to consider how being labeled “critical habitat” could stigmatize land, lower its value, or affect future use. The Judge found the agency’s economic study unlawful for failing to account for the real financial impact of a “critical habitat” label.
3. Failure to Weigh Impacts on Landowners – By ignoring the real economic harm to landowners, FWS failed to properly balance the costs and benefits, as the law requires.
As a result, the Judge vacated the critical habitat designation on Units 7 and 8, lifting unnecessary restrictions and restoring the landowners’ right to manage their timberland without unjustified federal interference.
“This ruling is a clear rebuke of federal overreach and a major victory for private property rights, stated FLA CEO Scott Jones. “For years, landowners were forced to fight against a designation built on faulty science and flawed economics—an uphill battle against the full weight of the federal government and outside activist groups. Today’s decision restores landowners’ rights in Alabama and sends a powerful message nationwide: federal agencies cannot trample on private property without proof, accountability, and respect for sound science.”
This landmark ruling reinforces the principle that private landowners cannot be subjected to unlawful federal restrictions without evidence, transparency, and fair consideration of impacts.
Read the final decision or learn more about FLA’s involvement in this case.