By BRIAN SKOLOFF
Associated Press Writer
FRESNO, Calif. (AP) -- A judge has lifted restrictions on some 400,000
acres in California previously designated critical habitat for the
threatened Alameda whipsnake, calling it an unlawful land grab by the U.S.
Fish and Wildlife Service and clearing the way for development.
The Pacific Legal Foundation, which announced the ruling Thursday, sued
the agency in 2001 on behalf of groups that had planned to use the land
for affordable housing.
The group claimed the agency did not adequately assess the
designation's economic impact, failed to prove the snake occupied all the
land and created too many restrictions for developers, adding additional
costs and hurdles.
"There's a real struggle in the Bay Area for families to find
affordable homes and when you limit supplies, you're going to continue to
drive the prices up," said Denise Davis, spokeswoman for the PLF, which
represents the Home Builders Association of Northern California, the
California Alliance for Jobs, the California Chamber of Commerce and
others.
U.S. District Judge Anthony Ishii's ruling vacated the critical habitat
designation. He said the federal agency did not adequately perform an
economic analysis of the area or provide enough evidence to support the
designation for species survival.
Both parties are to appear before the judge June 2 to discuss when the
service must present a new plan, said U.S. Fish and Wildlife Service
spokesman James Nickles.
Greg Loarie, an attorney for the Washington-based legal defense fund
Earthjustice, called the ruling a major setback.
"Freeways and suburbs have already pushed the whipsnake to the ridge
tops where no one is talking about building affordable housing," Loarie
said. "The court's decision is really a victory for luxury homes and
country club golf courses and a terrible setback for a true Bay Area
native."
Nickles said despite the ruling, the Alameda whipsnake is still
protected as a threatened species under the Endangered Species Act. Even
without the designation, he said, developers still must avoid destroying
the species' habitat.
Nickles said the agency will comply with the judge's order and provide
a new plan.
"We understand the need to provide for a healthy economy and affordable
housing, but we'd also like to balance that with a healthy ecosystem," he
said.
The Alameda whipsnake, known for exceptional speed and holding its head
high like a cobra when hunting, can grow more than four feet long.
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On the Net:
Decision: http://www.pacificlegal.org/rulings/whipsnake.pdf
Whipsnake: http://ecos.fws.gov/servlet/SpeciesProfile?spcodeC04A