Results

Residents of a mobile home park attempted to get injunction preventing the conversion of their mobile home park into a community campground.  Plaintiffs claimed violation of the Endangered Species Act due to the possible removal of endangered species during the renovation.  The court held it did not have jurisdiction to entertain part of plaintiffs Endangered Species claim because of a procedural violation and that plaintiffs failed to show violation of the Endangered Species Act was likely on the remainder of their claims. 

In Cambridge, Massachusetts, research institutions that perform experiments on animals must do so in conformity with all federal, state and local statutes, ordinances and regulations, as well as maintain or establish an autonomous animal care and use committee with the power to disapprove or restrict research, experiments or regarding the care and use of laboratory animals. This ordinance also establishes a Commissioner of Laboratory Animals (CLA) for the purpose of overseeing research institutions and their committees. Penalties for violating these provisions are also provided.

The Hardman and Wilgus cases are remanded for factfinding where the record was limited as to whether the government employed the least restrictive means to support its compelling interests of protecting eagles and Native American culture.  On the Saenz motion for return of eagle feathers to a non-federally recognized Indian religious practitioner, the court holds that the government failed to support its assertions that opening the permit system to all adherents of Indian religions would compromise the eagle population or destroy federal trust obligations to Native American tribes/culture.  For discussion of the BGEPA and religious challenges, see Detailed Discussion .