Endangered Species

Displaying 41 - 50 of 452
Titlesort descending Summary
Art and Antique Dealers of Am., Inc. v. Seggos The plaintiffs are trade organizations representing arts and antique dealers. Plaintiff’s members have an “economic and professional interest in. . .the purchase, sale, distribution or trading of antique elephant ivory.” The Defendant is the Commissioner of DEC which is a state agency tasked with protecting New York’s natural resources and environment. The Endangered Species Act (ESA) prohibits the import and export of endangered species and the sale, offering for sale, or movement of endangered species in interstate or foreign commerce. The prohibitions, however, had exceptions for “antique articles” that are 100 years of age or older. Those wishing to import such antique articles needed to first obtain a federal permit. Under the regulations promulgated by the Secretary of the Interior, trade of African elephant ivory is generally prohibited. Only certain items containing a de minimus quantity of ivory are exempt. The state of New York imposed a ban on elephant ivory with even narrower exceptions than the ESA. The DEC only issued licenses authorizing trade in ivory pursuant to the State Ivory Law’s exceptions. The licenses actually issued by the DEC restricted the advertisement and display of ivory products. Plaintiff’s filed this action challenging the constitutionality of the State Ivory Law on preemption and First Amendment grounds. The Plaintiffs filed a motion for summary judgment and the Defendants and Intervenors crossed-moved to dismiss. The Court examined the ESA and determined that section 1535(f) did not preempt the State Ivory Law because the ESA prohibitions only applied to interstate or foreign commerce while the State Ivory Law applied to intrastate commerce. As result, the exceptions contained in the State Ivory Law did not prohibit what was authorized by the ESA. The Court granted the Defendant’s motion to dismiss on Count I because it was not “the clear and manifest purpose of Congress to preempt state laws restricting purely intrastate commerce in ivory.” The Plaintiff’s second count alleged that the State Ivory Law’s permit requirement violated the First Amendment of the United States Constitution. The display restriction in the license prohibited the physical display for sale of any item not authorized for intrastate sale under the State Ivory Law even if the merchant was authorized under the ESA to sell the item in interstate commerce. The Court determined that the in-store display of ivory products constituted commercial speech because the display constituted lawful activity, New York had a substantial interest in regulating the sale of ivory within its borders and the display restriction directly advanced that interest. The Court was unable to determine whether the display restriction burdened substantially more speech than was necessary to further the government’s legitimate interests. Ultimately the Court granted the Defendant’s and Intervenor’s cross-motions to dismiss with respect to preemption and denied both the Defendant’s and Plaintiff’s motions for summary judgment with respect to the First Amendment Claim.
AU - Threatened Species Protection Act 1995 (QLD)



The Nature Conservation Act 1992 is an act of the Parliament of Queensland that provides for the legislative protection of Queensland's threatened fauna and flora. As originally published, it provided for native animals and plants to be declared presumed extinct, endangered, vulnerable, rare or common. In 2004 the act was amended to more closely align with the International Union for the Conservation of Nature and Natural Resources categories: presumed extinct was changed to extinct in the wild and common was changed to least concern.
AU - Wildlife Protection- Queensland Nature Conservation Act 1992
AZ - Endangered, nongame - Illegal Taking or Wounding of Wildlife Arizona assesses a monetary civil penalty for the possession or taking of listed species of wildlife and endangered/nongame wildlife (including eagles). This fine goes to the state wildlife theft prevention fund and is in addition to any other fine or penalty assessed by law.
Babbitt v. Sweet Home Chapter of Communities for a Great Oregon
(edited from Syllabus of the Court)

As relevant here, the Endangered Species Act of 1973 (ESA or Act) makes it unlawful for any person to “take” endangered or threatened species, § 9(a)(1)(B), and defines “take” to mean to “harass, harm, pursue,” “ wound,” or “kill,” § 3(19). In 50 CFR § 17.3, petitioner Secretary of the Interior further defines “harm” to include “significant habitat modification or degradation where it actually kills or injures wildlife.” Respondents, persons and entities dependent on the forest products industries and others, challenged this regulation on its face, claiming that Congress did not intend the word “take” to include habitat modification.

Held:

The Secretary reasonably construed Congress' intent when he defined “harm” to include habitat modification.
BETWEEN THE FLOOD AND THE RAINBOW: OUR COVENANT TO PROTECT THE WHOLE OF CREATION
Biological Information for the Whale


This summary provides a brief examination of the biology of whales, including habitat, reproductive cycles, and feeding.
Biological Overview of the Gray Wolf


The gray wolf is an amazingly adaptable creature that can live in many different habitats. It is a social animal which often forms packs that stick together.
Biological Overview of the Polar Bear


This article provides a brief biological summary of the polar bear.
Bolivia - Endangered species - Ley N° 12301

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