Original piece by Frank Eltman, Associated Press, posted on The Washington Post

Oct. 8, 2014

BAY SHORE, N.Y. — A court fight over a protected bird called the piping plover is holding up a $207 million plan to replenish the sand along a 19-mile stretch of New York’s Fire Island.

The small, sparrow-like bird that lives on the island is listed as threatened under the federal Endangered Species Act and, elsewhere in the country, is classified as endangered.

Besides arguing that the bird’s habitat is in jeopardy, critics say the project would be a huge waste of money.

Elected officials have decried the delay, saying human lives are in danger if a repeat of 2012’s Superstorm Sandy strikes the region and work is not completed to bulk up Fire Island as a barrier for heavily populated parts of Long Island.

During the storm, dunes as high as 20 feet were credited with absorbing the brunt of Sandy’s fury and preventing wider damage. Fire Island is a long, thin barrier island that runs parallel to the south shore of Long Island.

A federal court conference on the dispute was held Wednesday in Central Islip. The judge refused to lift a temporary restraining order halting the Army Corps of Engineers project.

Franklin Amanat, the Army Corps of Engineers’ lawyer, had no comment. Erin Crotty, executive director of Audubon New York, said the environmental group is still hoping to reach an agreement. The parties are due back in court Dec. 16.

Suffolk County joined the government’s side last week.

“We understand there are legitimate environmental concerns; there are concerns about the piping plover,” said Suffolk County Executive Steve Bellone. “But you need to understand, No. 1, that we also have to be concerned about people and the impact on people.”