A federal judge ordered the Fish and Wildlife Service on Friday to reconsider its decision not to designate critical habitat for the threatened eastern black rail, a bird some fear is at risk both from overenthusiastic birders and a big liquefied natural gas project.
In what amounts to a notable but incomplete victory for environmentalists, U.S. District Judge Randolph Moss directed the federal agency to take a second look at the case for and against designating critical habitat. He left the final designation decision, though, up to FWS.
“After cataloging the threats to the eastern black rail’s habitat at length, the [earlier decision] contains no discussion of whether or to what extent the birds would benefit from a critical habitat designation,” Moss wrote.
The environmentalists who challenged the Fish and Wildlife Service’s initial decision not to designate critical habitat had urged Moss to order not just another assessment but an actual designation. Still, they welcomed Moss’ order for a do-over.
