Endangered Species
Displaying 321 - 330 of 452
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| Rowley v. City of New Bedford | This opinion concerns the City of New Bedford, Massachusetts' motion to dismiss plaintiff Rowley's (formerly plaintiff "Friends of Ruth & Emily, Inc.") citizen suit for injunction under the federal Endangered Species Act. Plaintiffs allege that two Asian Elephants, Ruth and Emily, were mistreated by the Buttonwood Park Zoo in New Bedford by chaining their legs, housing them in inadequate facilities, failing to provide proper socialization, and failing to provide adequate veterinary care, which gives rise to a "taking" under Section 9 of the ESA. Rowley claims that she is a member of the zoological society there and visits the elephants on a "near daily basis," resulting in “an aesthetic, emotional, and spiritual relationship with Ruth and Emily over the years.” The United States District Court for the District of Massachusetts asked both parties to brief on the issue of standing for the instant action. The court first noted that the ESA expressly authorizes citizen suits for injunctive relief. To survive a motion to dismiss, Rowley must, through facts, clearly demonstrate standing, and then the court must analyze those facts under a multi-pronged approach. To begin, the court distinguished cases that established the proper "animal nexus" for injury in fact with those that did not meet that finding. Here, Rowley's complaint established injury in fact because she lives in New Bedford, is a member of the Zoo's Zoological Society, and observes the elephants on a near daily basis. Rowley alleges that the maltreatment of Ruth and Emily injures this ability because she observes their ongoing suffering while in substandard captivity. The court was not persuaded by New Bedford's claim that Rowley has not established injury in fact because she has no specialized training in wildlife or animal welfare. In fact, this claim ignored precedent from this very circuit that "aesthetic injury" can be established by viewing animals in inhumane conditions. In addition, the court rejected New Bedford's "nonexistent requirement into the injury in fact analysis" that Rowley must have observed or will observe Asian elephants in their native habitats. As a result, the court found Rowley properly established injury in fact. As to the next requirement of causation, the court found that Rowley sufficiently alleged that the Zoo's actions caused the harm complained of for purposes of surviving a motion to dismiss. Finally, as to redressability, the court found that Rowley's request for a declaratory judgment as to the Zoo's treatment of Ruth and Emily, and an injunction prohibiting the Zoo from euthanizing the elephants met this prong. New Bedford's contention that Rowley's further suggestion of moving the elephants to a sanctuary in Tennessee impaired her redressability argument because Rowley did not propose how the cost of relocation would be funded was also rejected. At this stage, the court does not need to determine whether this solution is necessary or feasible. The District Court ultimately held that Rowley demonstrated sufficient standing to pursue her claims. Hence, New Bedford's motion to dismiss was denied. |
| RULES FOR PLAYING GOD: THE NEED FOR ASSISTED MIGRATION & NEW REGULATION | |
| Safari Club International v. Jewell | Safari Club International and the National Rifle Association filed suit challenging the federal government’s suspension of imports of trophies from elephants sport-hunted in Zimbabwe. In April of 2014, the U.S. Fish and Wildlife Service (“the Service”) suspended imports of trophies from elephants on the basis that the Service could no longer make the finding required under its regulations “that the killing of the animal whose trophy is intended for import would enhance survival of the species.” Safari Club asserted four main arguments against the Service’s suspension of imports: (1) the agency violated APA rulemaking requirements by not providing for notice and comment; (2) the agency applied prohibited guidelines and the wrong standard in making its findings; (3) the agency failed to overcome a statutory presumption in Section 9(c)(a) of the Endangered Species Act; and (4) the agency violated the APA by failing to explain why it maintained the enhancement finding requirement in the Special Rule after the requirement was eliminated from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The court reviewed Safari International’s arguments and granted summary judgment only with respect to the argument that the Service had failed to publish notice of the changed Zimbabwe enhancement finding in the Federal Register until May 12, 2014. The court dismissed the remaining arguments put forth by Safari International and granted summary judgment in favor of the Service. The court found that the Service had violated its commitment to publish any notice of a change in the Federal Register before the change can take effect. The Service violated this commitment by publishing notice of the suspension of imports of trophies in the Federal Register on May 12, 2014 but making the effective date of the suspension April 4, 2014. For this reason, the court found that the effective date of the suspension must be changed to May 12, 2014. With respect to Safari International’s other arguments, the court found that Safari International was unable to meet its burden and held in favor of the Service. |
| Safari Club International v. Zinke | This case dealt with an action brought by an organization of safari hunters and firearm advocacy association under the Administrative Procedures Act (APA) and the Endangered Species Act (ESA) against the U.S. Fish and Wildlife Services (FWS), challenging the decision to suspend imports of sport-hunted African elephant trophies from Zimbabwe. The U.S. District Court for the District of Columbia entered summary judgment in FWS's favor, and the organization and association appealed. Under the ESA, sport-hunted African elephant trophies may only be imported into the United States if, among other things, the FWS makes “[a] determination ... that the killing of the trophy animal will enhance the survival of the species”. The Court of Appeals held that 1) FWS's interpretation of Special Rule forbidding import of sport-hunted elephant trophies was permissible; 2) FWS could base finding that killing of African elephants did not enhance species' survival on absence of evidence that sport hunting enhanced survival of species; 3) FWS's conclusion that it lacked evidence to make finding that killing African elephants in Zimbabwe would enhance survival of species rebutted any presumption that importation did not violate any provision of ESA or regulation issued pursuant to ESA; 4) removal of enhancement requirement from Convention on International Trade in Endangered Species of Wild Fauna and Flora did not require FWS to reconsider Special Rule; 5) finding constituted rule rather than adjudication; and 6) FWS's failure to engage in notice-and-comment prior to finding was not harmless error. Affirmed in part and reversed in part, and remanded so the FWS can initiate rule making to address enhancement findings for the time periods at issue in this case. |
| Save the Pine Bush, Inc. v. Common Council of City of Albany |
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| SC - Endangered Species - Chapter 123 Department of Natural Resources | These South Carolina regulations list the non-game wildlife on the state's List of Endangered Wildlife Species, as well as the animals that are considered threatened and "in need of management." If an animal is listed as threatened or endangered, a permit must be obtained in certain situations to avoid penalty for "taking" a listed species. Furthermore, these regulations also set out provisions for hunting alligators and selling alligator meat and hide; for obtaining vultures, kites, hawks, eagles, ospreys, falcons, and owls for the practice of falconry; and for protecting sea turtles by regulating the nets on shrimping trawls. |
| SC - Endangered Species - Chapter 15. Nongame and Endangered Species Conservation Act | These statutes comprise the "South Carolina Nongame and Endangered Species Conservation Act." Included in the provisions are definitions and criteria related to the listing of endangered species. Violation of the provisions constitutes misdemeanors of varying penalties as well as forfeiture of equipment used in the illegal takings. |
| SC - Wildlife - § 50-1-270. Liability for gross destruction or injury to wildlife, | This South Carolina statute provides that any person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. This section does not apply to ordinary agricultural practices. |
| SD - Endangered Species - Chapter 34A-8. Endangered and Threatened Species | These South Dakota statutes provide the definitions and regulations related to endangered and threatened species in the state. Under statute, state agencies shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands. It is a misdemeanor to take, possess, transport, import, export, process, sell or offer for sale, buy or offer to buy (nor may a common or contract carrier transport or receive for shipment) a listed species as defined by statute. |
| Seiber v. U.S. |
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