Tag Archives: standing

Court Dismisses Challenge to USDA’s Failure to Issue AWA Avian Regulations

By John M. Simpson

Earlier this week, a federal district court in Washington, D.C., dismissed an action brought by animal rights organizations challenging the failure of the U.S. Department of Agriculture (USDA) to issue animal welfare regulations specific to birds under the Animal Welfare Act (AWA).  American Anti-Vivisection Soc’y, et al. v. U.S. Dep’t of Agriculture, et al., No. 1:18-cv-01138 (TNM) (D.D.C. Dec. 10, 2018).  While finding that the plaintiffs had pleaded sufficient facts to establish Article III standing to sue, the court rejected their substantive claims under the Administrative Procedure Act (APA):  (i) that USDA’s failure to promulgate regulations applicable to birds was “agency action unlawfully withheld;” and (ii) that USDA’s decision not to issue the standards was arbitrary and capricious, an abuse of discretion and contrary to law.  Continue reading Court Dismisses Challenge to USDA’s Failure to Issue AWA Avian Regulations

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

Justice the Horse Will NOT Have his Day in Court

by Michelle C. Pardo

In August, we updated you about a lawsuit filed by the Animal Legal Defense Fund (ALDF) in which a horse called Justice was the named plaintiff.  On September 17, 2019, an Oregon judge rejected the “creative” theory that an animal has legal capacity to sue its former owner and dismissed the case with prejudice, delivering another blow to various animal activist groups’ movement to open the courthouse doors to non-human animal litigants.  Continue reading Justice the Horse Will NOT Have his Day in Court

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