Tag Archives: ESA

Federal Judge Finds PETA Investigative Technique Unlawful

by John M. Simpson.

The animal rights group, People for the Ethical Treatment of Animals (PETA), has been known to utilize “undercover” video and other methods in conducting investigations of animal enterprises.  One of those techniques was recently found unlawful by a federal district court.  PETA v. Tri-State Zoological Park of W. Maryland, 2018 WL 5761689, No. 1:17-cv-02148 (D. Md. Nov. 1, 2018). Continue reading Federal Judge Finds PETA Investigative Technique Unlawful

U.S. Supreme Court Decides Dusky Gopher Frog Case

By John M. Simpson.

On November 27, 2018, the U.S. Supreme Court issued its decision in a closely watched Endangered Species Act (ESA) case involving the U.S. Fish & Wildlife Service’s (FWS’s) designation of “critical habitat” for an endangered species known as the “dusky gopher frog” (Rana sevosa).  Weyerhaeuser Co. v. U.S. Fish & Wildlife Serv., 586 U.S. ___, No. 17-71 (Nov. 27, 2018). The Court reversed the Fifth Circuit’s decision which had upheld the FWS designation. Continue reading U.S. Supreme Court Decides Dusky Gopher Frog Case

PETA Strikes Out Again in Eleventh Circuit

by John M. Simpson.

A petition for rehearing filed by People for the Ethical Treatment of Animals (PETA) was recently denied by the U.S. Court of Appeals for the Eleventh Circuit in an Endangered Species Act (ESA) case involving a killer whale (Orcinus orca) maintained by the Miami Seaquarium.  The denial left standing a significant ruling by the court under the ESA.  PETA v. Miami Seaquarium, 879 F.3d 1142 (11th Cir. 2018).  Continue reading PETA Strikes Out Again in Eleventh Circuit

Asian Elephant Case Against Buttonwood Park Zoo Continues

by Michelle C. Pardo

An Endangered Species Act (ESA) lawsuit against the City of New Bedford will continue after a federal district judge in Massachusetts denied the defendant’s efforts to dismiss plaintiff Joyce Rowley’s lawsuit.  The City of New Bedford runs the Buttonwood Park Zoo, which has been home to two Asian elephants, Ruth and Emily, for decades.  Plaintiff Rowley runs an organization called Friends of Ruth & Emily Inc., which is dedicated to retiring Asian elephants Ruth and Emily to “a warm climate sanctuary to live out their days in peace, dignity, and freedom”.  In the last 25 months, it’s “Go Fund Me” page has raised just $10,025 of the requested $25,000 “to get justice” for the elephants. Continue reading Asian Elephant Case Against Buttonwood Park Zoo Continues

Fourth Circuit Vacates Incidental Take Statement for Gas Pipeline

by John M. Simpson

On August 6, 2018, the U.S. Court of Appeals for the Fourth Circuit granted a petition setting aside an Incidental Take Statement (ITS) of the U.S. Fish and Wildlife Service (FWS) which had been issued under the Endangered Species Act (ESA)  in connection with the approval of the Atlantic Coast Pipeline, a 600-mile natural gas pipeline proposed to run through parts of West Virginia, Virginia and North Carolina.  Sierra Club, et al., v. U.S. Dep’t of the Interior, Nos. 18-1082 & 18-1083 (4th Cir. Aug. 6, 2018).   Continue reading Fourth Circuit Vacates Incidental Take Statement for Gas Pipeline

Fish and Wildlife Service Withdraws ESA Compensatory Mitigation Policy

On July 30, 2018, the U.S. Fish and Wildlife Service (FWS) published a notice in the Federal Register withdrawing the agency’s Endangered Species Act Compensatory Mitigation Policy (CMP) issued in December 2016.  The policy withdrawal is effective immediately.  Continue reading Fish and Wildlife Service Withdraws ESA Compensatory Mitigation Policy

Court Grants Summary Judgment Against HSUS in Endangered Species Act Case

by John M. Simpson

The U.S. District Court for the District of New Mexico recently entered summary judgment against the Humane Society of the United States (HSUS) and other plaintiffs in a case brought under the Endangered Species Act (ESA) alleging that regulations issued by the New Mexico State Game Commission authorizing the  recreational trapping of cougars (Cougar Rule) will cause a “take” of Mexican gray wolves in violation of the ESA.  Humane Soc’y of the U.S. v. Kienzle, 2018 WL 3429924 (D.N. M. July 16, 2018).  Continue reading Court Grants Summary Judgment Against HSUS in Endangered Species Act Case

Fisheries Service Designates Critical Habitat for False Killer Whale Population

On July 24, 2018, the National Marine Fisheries Service (NMFS)  published a final rule in the Federal Register designating critical habitat for the Main Hawaiian Islands insular false killer whale distinct population segment.   The rule becomes effective on August 23, 2018. Continue reading Fisheries Service Designates Critical Habitat for False Killer Whale Population

Wildlife Agencies Announce Proposed Endangered Species Act Regulations

by John M. Simpson

On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) announced three proposed rulemakings that would revise the regulations pursuant to which the Services have implemented the Endangered Species Act (ESA).  These initiatives were the result of public comments solicited by the Services in response to Executive Order 13777, 82 Fed. Reg. 31576 (July 7, 2017), which sought comments on how federal agencies could improve the effectiveness and efficiency of federal regulations and the regulatory process.   Continue reading Wildlife Agencies Announce Proposed Endangered Species Act Regulations

9th Circuit Affirms Summary Judgment of No Standing in Endangered Species Act Case

by  John M. Simpson

On June 28, 2018 a panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment determining that certain environmental organizations had no Article III standing to pursue claims under the Endangered Species Act (ESA) and National Historic Preservation Act (NHPA) as to financing authorizations by the Export-Import Bank of the United States with respect to two liquid natural gas projects in Queensland, Australia near the Great Barrier Reef.  Center for Biological Diversity v. Export-Import Bank of the United States, ___ F.3d ___, No. 16-15946 (9th Cir. June 28, 2018).  The court found that plaintiffs failed to satisfy the redressability requirement under the “relaxed standard” for standing in “procedural rights” cases.  Slip op. at 14.  Continue reading 9th Circuit Affirms Summary Judgment of No Standing in Endangered Species Act Case