Courts cut a snake’s critical habitat, retain a bird’s ESA listing

The Fish and Wildlife Service and the conservative Pacific Legal Foundation battled to a draw Friday, with each winning one and losing one in two unrelated Endangered Species Act cases.

In Washington, a leading appellate court upheld the Fish and Wildlife Service’s decision not to remove the southwestern willow flycatcher from the list of endangered species.

In Alabama, meanwhile, a trial judge rejected part of the Fish and Wildlife Service’s designation of critical habitat for the threatened black pine snake.

In both cases, the Sacramento-based Pacific Legal Foundation represented the groups and individuals challenging the federal agency’s ESA actions.