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 design

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