Population studies are lacking to show whether the squirrel is any better or worse off today than it was then. Glenn Therres, supervisor of the Maryland Department of Natural Resources' wildlife diversity program, said there are more areas known to have Delmarva fox squirrels today than there were several years ago, though it's unclear whether the species range has expanded or whether those populations have just gone unnoticed in the past. In fact, they've expanded. Gerber and Defenders' argument is bolstered by Vagn Flyger, an emeritus professor of wildlife biology with the University of Maryland who has studied the squirrel for more than 50 years. The primary cause, he said, is continuing loss of habitat from forestry and construction.
Several acres are wetlands and therefore unusable.
A tidal creek borders much of the land, and there is a forest buffer ranging from 50 to 150 feet wide along much of the creek and around the property. Plans call for removing only about 5 percent of the trees, and maintaining several tracts of open space. Instead of having individual piers into the creek, Waterman has proposed a single community pier. Waterman said he is willing to improve habitat by planting additional trees. But, he said, the size of the tree-planting budget could hinge on he cost of the suit.