Court rules for Alabama landowners in fight with Fish and Wildlife Service 

Mobile, Alabama; August 21, 2025: A federal judge struck down the U.S. Fish and Wildlife Service’s designation of Alabama forestland as critical habitat for the black pinesnake, ruling that the agency acted arbitrarily without scientific evidence. The ruling is a victory for the Skipper 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 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 Service based its “occupied” determination on one pinesnake sighting in 20 years, despite a comprehensive state survey finding no snakes on the property.

The court also found the Service ignored obvious economic harm, acknowledging the designation affects $180 million worth of private land while refusing to measure actual damage to families like the Skippers.

The case builds on Pacific Legal Foundation’s 2018 Supreme Court victory in Weyerhaeuser v. U.S. Fish and Wildlife Service.

The case is Skipper v. U.S. Fish and Wildlife Service. PLF represents Thomas Gray Skipper, Skipper Land Holdings LLC, Phalyn LLC, and Forest Landowners Association free of charge.