by John M. Simpson.
On Tuesday, a federal district court in California enjoined the enforcement of Cal. Penal Code § 653o which criminalizes the sale and possession for sale of alligator and crocodile parts in California. April in Paris v. Becerra, No. 2:19-cv-02471-KJM-CKD, consolidated with Louisiana Wildlife Fisheries Comm’n v. Becerra, No. 2:19-cv-02488-KJM-CKD (E.D. Cal. Oct. 13, 2020). Plaintiffs, business interests importing alligator and crocodile parts into California, brought the action against the California Attorney General and the Director of the state Department of Fish and Wildlife. The law had been slated to take effect on January 1, 2020, but had been suspended pursuant to a stipulated retraining order pending the court’s decision on the preliminary injunction motion. Continue reading Federal Court Enjoins California Ban on Sale of Alligator and Crocodile Parts
by John M. Simpson.
In Center for Biological Diversity v. Bernhardt, ___ F.3d ___, No. 19-5152 (D.C. Cir. June 16, 2020), the U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a district court’s rejection of a challenge by animal rights groups to a decision by the U.S. Fish & Wildlife Service (FWS) to withdraw blanket findings as to whether the importation under the Endangered Species Act (ESA) of certain sport trophies of “threatened” species taken in other countries would enhance the survival and not be detrimental to the survival of those species. Continue reading Animal Rights Challenge to FWS Sport Trophy Decision Fails in D.C. Circuit
by Michelle C. Pardo
On May 21, 2019 Representatives Raul M. Grijalva (D-AZ) and David Schweikert (R-AZ) introduced the Traveling Exotic Animal and Public Safety Protection Act (TEAPSPA), a bill that would amend the federal Animal Welfare Act to prohibit the use of exotic and wild animals, including lions, tigers and elephants, in traveling performances. The bill had previously been introduced in 2017. Continue reading Animals and Politics: Traveling Exotic Animal Ban Reintroduced
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