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IA - Endangered Species - WILDLIFE CHAPTER 481B. ENDANGERED PLANTS AND WILDLIFE |
Iowa law sets out the definitions related to endangered species. It also provides a list of prohibited acts related to these species, including any taking, transporting, purchasing or selling of the species or their parts. An exception is listed for damage to property or human life, provided a permit is secured first. |
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ID - Endangered Species - Chapter 24. Species Conservation- Chapter 26. Fish and Game |
This Idaho law sets out the definitions related to state endangered species laws. It also establishes a delisting advisory team that is responsible for reviewing data related to state species proposed for delisting by the federal government. This team also submits management plans to the state fish and wildlife department. |
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IL - Elephant - 5/48-11. Unlawful use of an elephant in a traveling animal act |
This Illinois law states that a person commits unlawful use of an elephant in a traveling animal act when he or she knowingly allows for the participation of an African elephant (Loxodonta Africana) or Asian elephant (Elephas maximus) protected under the federal Endangered Species Act of 1973 in a traveling animal act. Violation is a Class A misdemeanor. This Section does not apply to an exhibition of elephants at a non-mobile, permanent institution, or other facility. |
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IL - Endangered Species - Act 10. Illinois Endangered Species Protection Act |
These Illinois statutes set out the definitions related to endangered species and include prohibitions on the taking, transporting, and buying or selling of listed species, among other things. Permits are issued for the enhancement of the survival of the species and limited permits are issued for incidental takings. Violation of the statute results in a Class A misdemeanor and forfeiture of both the species taken and instrumentalities used in the taking are provided. |
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IN - Endangered Species - Chapter 34. Nongame and Endangered Species Conservation |
These Indiana statutes set out the definitions related to endangered species and prohibit any form of possession of listed species, including taking, transporting, purchasing or selling except by permit. Listed species may be removed, captured, or destroyed if it is shown by good cause that the species are causing property damage or are a danger to human health. |
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In re Endangered Species Act Section 4 Deadline Litigation-MDL No. 2165 |
After parties in a lawsuit over listing species as endangered or threatened agreed upon a settlement, the Safari Club motioned to intervene because the settlement might affect three species that the club's members hunt. The district court denied the motion to intervene as of right because the club lacked Article III standing and denied a permissive intervention because it would cause undue delay and prejudice to the parties; the court then approved the settlement and the club appealed. The appeals court affirmed the lower court's decision that the club lacked Article III standing for intervening as of right. The appeals court, however, in view of uncertainty whether Article III standing was required for permissive intervention, declined to exercise pendant appellate jurisdiction over the permissive intervention appeal.
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In re New Jersey Pinelands Com'n Resolution |
This case concerns the approval of a settlement agreement for a residential development project that contained habitat critical to the survival of a local population of timber rattlesnakes, an endangered species in New Jersey. The court's review of the record found that there is no reason to interfere with the determination by the Commission, since there was ample evidence to support the Commission's decision to approve the settlement. The court also agreed with the lower court that the environmental organizations lacked standing to bring an endangered species counterclaim before the lower court. Specifically, the court found that the Department of Environmental Protection and the Commission did not fail to act in implementing the endangered species act; thus, no standing was conferred upon the groups. The court also noted that the DEP and the Commission acted in their requisite complementary roles in effecting the Act.
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In re Polar Bear Endangered Species Act Listing and Section 4(d) Rule Litigation-MDL No.1993 United States Court of Appeals, District of Columbia Circuit. |
Hunters and hunting organizations sued the Secretary of Interior, the Director of the U.S. Fish and Wildlife Service, and the Service itself after the Service listed the polar bear as a threatened species under the Endangered Species Act (ESA) and barred the importation of polar bear trophies under the Marine Mammal Protection Act (MMPA). On appeal, the appeals court affirmed the lower court’s decision to grant the defendants' motion of summary judgment.
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In re Polar Bear Endangered Species Act Listing and § 4(d) Rule Litigation |
Plaintiffs Safari Club International and Safari Club International Foundation brought this action under the APA challenging the FWS's legal determination that the listing of the Polar Bear as "threatened" under the Endangered Species Act was a final agency action. At issue here is defendants' Motion for Judgment on the Pleadings on the grounds that plaintiffs fail to challenge a final agency action as required for judicial review under the APA. Alternatively, defendants argue that the plaintiffs lack standing to bring this action. This Court found that the action challenged by SCI and SCIF is final agency action for purposes of judicial review pursuant to the APA. On the issue of standing, defendants argue that plaintiffs' suit must be dismissed for lack of standing because plaintiffs have not alleged facts to establish that they have suffered an injury-in-fact. The court disagreed, finding that the plaintiffs have sufficiently pleaded that the “procedures in question” threaten a “concrete interest" - an interest in conservation that is impacted by the import ban. Defendants Motion for Judgment on the Pleadings was denied.
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Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y |
After the International Court of Justice ruled against Japan in the Whaling in the Antarctic case, Sea Shepherd moved to dismiss the Ninth Circuit’s earlier ruling regarding Sea Shepherd’s own actions in the Antarctic. Sea Shepherd claimed that because the Institute had announced that it would not engage in whaling in the 2014-15 season, its claim was moot. This argument, though, ignored the fact the Institute also stated that it plans to resume whaling in the future, leading the Court to dismiss the motion. |
