FIRE ISLAND, N.Y., Oct. 8 (UPI) -- A federally backed $207-million plan to replenish the sands along the beaches of New York's Fire Island has been stalled, thanks to an ongoing lawsuit filed by the state chapter of the Audubon Society which argues the project would threaten the federally protected piping plover.

Proponents of the project, which is backed by the Army Corps of Engineers and the United States Fish and Wildlife Service, argue that reinforcing the beaches with additional sand is essential to protecting the people and property of Fire Island -- and preventing future storm damage from the likes of Hurricane Sandy.

In the lawsuit, the Audubon Society argues the beach rehabilitation project will "inhibit natural renewal of ephemeral pools, bay tidal flats and open vegetation," and prevent "natural storm processes that create habitat to act unimpeded."

"The burying of existing beaches under dredged material temporarily destroys available prey resources along the coast while the construction of dunes running parallel to the ocean fragments nesting habitat from optimal foraging habitat and prevents plovers from accessing bayside areas for foraging," the plaintiffs add.

The Audubon Society and their allies say the project is also a massive waste of money -- throwing away millions on a short-term and unreliable fix. But local supporters of the plan say environmentalists are valuing birds over people.

"They are asserting that habitat protection trumps the safety and security of the residents living in Mastic Beach and other low-lying South Shore communities," state representative Tim Bishop, D-Southampton, said in a statement. "This is a position I simply cannot support. I believe the action of Audubon New York in this instance, particularly as the dredging contract was about to be awarded, is indefensible."

At a hearing in federal court on Wednesday, a judge declined to lift the current injunction on the sand replenishment plans. The plaintiffs say they don't want to thwart the project in its entirety, but only wish to spare two vital nesting grounds on Fire Island. As of now, it appears federal officials may have to rethink their plans before they're able to move ahead with construction.

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Piping plover stalling plans to replenish Fire Island beaches