Endangered Species

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Brief Summary of the Endangered Species Act


The Endangered Species Act ("ESA") prohibits importing, exporting, taking, possessing, selling, and transporting endangered and threatened species (with certain exceptions). ESA also provides for the designation of critical habitat and prohibits the destruction of that habitat. ESA provisions are enforced through the use of citizen suits, imprisonment, fines, and forfeiture.
Brief Summary of the Laws Pertaining to Zoos


This summary briefly examines the laws pertaining to zoo animals on the state, federal, and international level. Until the laws are improved, and there is stricter control and more enforcement, zoo animals will continue to suffer.
Brief Summary of the Recovery of the Gray Wolf Under the Endangered Species Act


The gray wolf was almost extinct in the lower 48 states of the United States in the middle of the 1900s. Thanks to the help of the Endangered Species Act the gray wolf is well on its way to recovery. This summary discusses the
Buffalo Field Campaign v. Zinke Plaintiffs Buffalo Field Campaign and other environmental groups petitioned the Fish and Wildlife Service ("Service") to add the Yellowstone bison population to the federal endangered species list. After the Service made a threshold “90–day” determination that Buffalo Field's petition failed to present sufficient scientific evidence that listing the bison may be warranted, Buffalo Field brought suit under the Administrative Procedure Act, alleging that the Service's determination was arbitrary and capricious. The United States District Court for the District of Columbia ruled that the Service applied an improper standard when evaluating Buffalo Field's petition, granted Buffalo Field's motion for summary judgment, denied the Service's cross-motion, and remanded the case for the agency to conduct a new 90–day finding using the proper standard. In particular, the court observed that the Service "simply picked a side in an ongoing debate in the scientific community," thereby in inappropriately heightening the standard of evaluation for a 90-day petition. Because of that, the court agreed with the Service that remand is the appropriate remedy as opposed to to directing the Service to begin a 12-month review.
BULLHOOKS AND THE LAW: IS PAIN AND SUFFERING THE ELEPHANT IN THE ROOM?
Bundorf v. Jewell Plaintiffs, individuals and environmental organizations, challenged a decision by the Bureau of Land Management's (BLM) to authorize two rights-of-way for the Searchlight Wind Energy Project (“Project”) in southern Nevada (on BLM land) under the Administrative Procedure Act (APA). After the District Court remanded to the BLM for further explanation, the plaintiffs moved for a permanent injunction. Plaintiffs raised claims that the activity violated the National Environmental Policy Act (“NEPA”), and the Endangered Species Act (“ESA”), among other federal statutes. In effect, the plaintiffs argue that when the Court remanded for further explanation, it essentially reached the merits of their NEPA and ESA claims "by identifying explanatory gaps in the Remand Order." This then necessitated vacatur of the Record of Decision (“ROD”), Final Environmental Impact Statement (“FEIS”), and the Biological Opinion (“BiOp”). On appeal, the Court agreed with plaintiffs that clarification of the Remand Order is appropriate to include the ROD, the FEIS, and the BiOp with vacatur. Otherwise, the court notes, the Federal Defendants would get "two bites at the same apple . . . to fill the analytical gaps the Court identified in the Remand Order." The Federal Defendants must address the gaps related to: "(1) the density of desert tortoises, the adverse effects on desert tortoise habitat due to noise, and the remuneration fees and blasting mitigation measures for desert tortoises; (2) the status of FWS's recommendations regarding eagle take permitting and an Eagle Conservation Plan; and (3) BLM's conclusions about risks to bald eagles, protocols for golden eagle surveys, and risks to and mitigation measures for bat species."
CA - Endangered Species - CHAPTER 1.5. ENDANGERED SPECIES The California Fish and Game Code considers that endangered and threatened species are of ecological, educational, historical, recreational, esthetic, economic, and scientific value to the people of the State of California. The State of California has legislation that allows the state to protect endangered and threatened species by acquiring land for these species to protect, restore and enhance the habitat of these species. Section 2080 prohibits the importing, taking, exporting, possessing, purchasing, or selling, any species, or any part or product thereof that is endangered or threatened.
CA - Importation - Chapter 2. Of Other and Miscellaneous Offenses (653o - 653r) These California laws relate to the importation of certain animals parts for commercial purposes. Under the law, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant. It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any crocodile or alligator. Commencing January 1, 2022, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard. Section 653p makes it unlawful to posses with the intent to sell any part or dead body of any species on the federal endangered species list or species covered under the MMPA. Section 653q makes it illegal to import for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any seal.
CA - Mammals - § 4700. Taking or possession prohibited; scientific research; legal imports; This statute enumerates the fully protected mammals in the state of California. These animals may not be taken or possessed at any time. The statute also specifically states that permits or licenses to take these animals will not be issued, with a possible exception in the case of necessary scientific research.
CA - Marine - Chapter 10.5. Marine Life Protection Act. In this act, the California Legislature finds and declares a need to reexamine and redesign California's marine protected area systems to increase its effectiveness at protecting the state's marine life, habitat, and ecosystems. To improve the design and management of that system, the Marine Life Protection Program was adopted. A few of the Program's goals are to protect the natural diversity and abundance of marine life, to help sustain, conserve, and protect marine life populations, and rebuild those that are depleted.

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