Endangered Species

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Titlesort descending Summary
American Bird Conservancy v. Harvey

Plaintiff, American Bird Conservancy, is a non-profit organization that was dedicated to the conservation of the Piping Plover (a threatened species) in this case. The individual Plaintiffs, David A. Krauss and Susan Scioli were also members of the organization, who observed Piping Plovers at Jones Beach, in New York State for many years. The Plaintiffs brought an action against Defendant Rose Harvey, the Commissioner of the New York State “Parks Office”. The Plaintiffs asserted that the Commissioner failed to act while members of the public routinely fed, built shelters, and cared for the feral cats on Jones Beach. As the cat colonies flourished, the Piping Plover population decreased due to attacks by the cats. The Plaintiffs contended that by failing to take measures to decrease the feral cat population, the Commissioner was allowing the cats to prey on the Piping Plover, in violation of the federal Endangered Species Act (ESA). The Commissioner moved to dismiss the complaint. The District Court, held that: (1) the affidavit and documentary evidence provided by the Alley Cat Allies (ACA) organization was outside the scope of permissible supporting materials for the motion to dismiss. (2)The Plaintiffs had standing to bring action alleging violation of the Endangered Species Act. The Commissioners motion to dismiss was denied.
THE ENDANGERED SPECIES ACT AT FORTY: THE GOOD, THE BAD, AND THE UGLY
"No Animals Were Harmed . . .": Protecting Chimpanzees From Cruelty Behind The Curtain


In this law review, Lorraine L. Fischer hopes to effect change in the way chimpanzees and other exotic animals are perceived in filmed media. Fischer argues that the exploitation of these animals is unacceptable because they (and other great apes) are not only sentient beings, but beings capable of suffering, forming relationships, expressing emotion, mourning death, communicating thoughts, and expressing love. Additionally, Fischer argues that since chimpanzees are a severely endangered species, using them as actors contradicts and offends the strong public policy of conservation and preservation that should be afforded to this precious species. To illustrate how laws fail to protect chimpanzees used in entertainment, this law review examines the Endangered Species Act, the Animal Welfare Act, and various state anti-cruelty laws.
(ELEPHANT) DEATH AND TAXES: PROPOSED TAX TREATMENT OF ILLEGAL IVORY
A Show of Humanity to Slow Hugh, the Manatee: A Property Rights Proposal for the Sea Cow (with a Brief Consideration for his Friend, the Brown Pelican)


This paper explores the background of the manatee and the issues the species faces. It then sets forth some of the applicable laws that are currently in place, followed by a consideration of the benefits and shortcomings of those laws. Finally, it reflects on some changes that have been suggested, and, ultimately, introduces a new approach—providing property rights to the West Indian Manatee—with a response to potential criticism in mind.
AGENDA: Biodiversity Protection: Implementation and Reform of the Endangered Species Act
AK - Endangered Species - Endangered and Threatened Species This Alaska statute provides that the state shall take measures to preserve the habitat of species or subspecies which, are threatened with extinction due to habitat loss, overutilization, disease, predation, or other human or natural factors. Species recognized as endangered or threatened also gain habitat protection on state lands. Taking of a listed species without permit incurs a misdemeanor.
Alliance for the Wild Rockies v. Austin Plaintiff challenged the defendants' approval of the Rennic Stark Project in the Ninemile Ranger District of the Lolo National Forest under the National Environmental Policy Act, the National Forest Management Act, the Endangered Species Act, and the Administrative Procedure Act. The Project proposed a host of forest management measures. Under the National Environmental Protection Act, the defendant published an Environmental Assessment (“EA”) for the project in November 2012. The EA discussed the likely effects of the project on a number of wildlife species, including the ESA-listed threatened Canada lynx, the Forest Service-sensitive fisher, the Forest Service-sensitive North American wolverine, goshawk, and westslope cutthroat trout. The defendant signed and issued a Decision Notice adopting Alternative 2 from the EA, as well as a Finding of No Significant Impact. Plaintiff timely appealed the defendant's decision, but the defendant denied the appeal. Plaintiff then filed its complaint in this court and moved for summary judgment. Defendants filed their cross-motion for summary judgment. Plaintiff's motion for summary judgment was denied on all claims and defendants’ motion for summary judgment was granted on all claims.
Alliance for the Wild Rockies v. Salazar Environmental organizations challenged constitutionality of Section 1713 of the 2011 Appropriations Act ordering Secretary of Interior to reissue a final rule removing a distinct gray wolf population in the northern Rocky Mountains from protections of Endangered Species Act (ESA). The Court of Appeals held that the statute did not violate the separation of powers doctrine, and reasoned that Congress amended, rather than repealed, ESA as to delisting of gray wolf by directing Secretary to reissue rule without regard to any other statute or regulation.
Alliance for the Wild Rockies v. Weber


An environmental group sued the U.S. Forest Service claiming it violated the National Environmental Protection Act (NEPA), the Endangered Species Act (ESA), and the National Forest Management Act (NFMA) when it permitted the implementation of the Flathead National Forest Precommercial Thinning Project. The court that the defendants' designation of matrix habitat was not arbitrary and that there was no showing of irreparable harm to lynx habitat to require the Service to be enjoined from implementing project. Likewise, plaintiffs’ claims regarding the grizzly bear’s critical habitat did not prevail; nor did the plaintiffs’ claims regarding the National Forest Management Act’s Inland Native Fish Strategy. The court, therefore, granted the defendants' motion for summary judgment and denied the plaintiffs' motion.

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