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Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y After the International Court of Justice ruled against Japan in the Whaling in the Antarctic case, Sea Shepherd moved to dismiss the Ninth Circuit’s earlier ruling regarding Sea Shepherd’s own actions in the Antarctic. Sea Shepherd claimed that because the Institute had announced that it would not engage in whaling in the 2014-15 season, its claim was moot. This argument, though, ignored the fact the Institute also stated that it plans to resume whaling in the future, leading the Court to dismiss the motion.
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission.
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. After the Institute was denied an injunction in the trial court, the Ninth Circuit Court of Appeals issued an injunction preventing Sea Shepherd from attacking any of the Institute’s vessels in any way and from coming within 500 yards of any Institute vessel operating in the open sea.
Institute of Cetacean Research v. Sea Shepherd Conservation Soc.


Several whalers brought suit against Paul Watson and the Sea Shepard Society—of Animal Planet fame—under the Alien Tort Statute for acts that amounted to piracy and that violated international agreements regulating conduct on the high seas. Though the district court denied the whalers a preliminary injunction and dismissed the whalers' piracy claim, the Ninth Circuit found in favor for the whalers. The case was reversed and instructed to be transferred to another district judge; Circuit Judge Smith dissented on the instruction to transfer.
Institute of Marine Mammal Studies v. National Marine Fisheries Service The Institute of Marine Mammal Studies (IMMS) brought action against the National Marine Fisheries Service (NMFS) and others, alleging that NMFS regulations did not properly implement the Marine Mammal Protection Act (MMPA), and that the NMFS was improperly administering placement list for rehabilitated sea lions that could not be reintroduced into the wild. Parties cross-moved for summary judgment. After considering the parties' arguments, the administrative record, and the relevant law, the District Court found that the IMMS lacked standing to bring its claim that NMFS regulations did not properly implement the Marine Mammal Protect Act ("MMPA"). Further, the Court found that it lacked subject matter jurisdiction of IMMS' claims that the NMFS was improperly administering a placement list for non-releasable sea lions. However, the Court found it may review the claims concerning the permit allowing IMMS to "take" sea lions. The Court found that a term included in IMMS' permit improperly delegated federal authority to third parties. The permit was therefore remanded to the agency for reconsideration. Each summary judgment motion was granted in part and denied in part.
International Comparative Animal Cruelty Laws (2003)
Interpreting “Enhancement Of Survival” In Granting Section 10 Endangered Species Act Exemptions To Animal Exhibitors Managing endangered species in captivity presents a unique set of problems. Despite their enormous potential to preserve species in the wild - through captive breeding programs, conservation initiatives, and environmental advocacy - many facilities are lagging behind. Part II of this note discusses the evolution of zoos from ancient Egyptian displays of wealth to modern day conservation and education centers. Focusing on the Endangered Species Act, Part III introduces various laws protecting captive animals. Part IV discusses the great potential of zoos to preserve species and the ecosystems on which they rely, while acknowledging the diverse nature of animal exhibitors and the variety in quality of animal care. In response to this inconsistency, and in the context of PETA v. U.S. Fish & Wildlife Service,5 Part V recommends four factors that the FWS might use to evaluate an animal exhibitor's potential to enhance species survival in furtherance of the ESA.
Introduction to Animal Law Book Steven M. Wise gives the introduction to Syracuse Law Review's Animal Law Book from 2017.
Invasive Species and Animal Welfare
Invented Cages: The Plight of Wild Animals in Captivity

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