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Florida Key Deer v. Paulison |
FEMA, under the National Flood Insurance Program, issues insurance to promote new development in flooded areas. Plaintiffs sought to compel FEMA to enter into ESA consultation with FWS, and once that consultation occurred, amended their complaint to challenge the sufficiency of the FWS' biological opinion and reasonable and prudent alternatives. The Eleventh Circuit held for the plaintiffs, reasoning that FEMA had not sufficiently complied with the obligation on federal agencies to carry out their programs consistent with the conservation of endangered and threatened species.
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Florida Marine Contractors v. Williams |
The Florida Marine Contractors Association applied for permits to build recreational docks on Florida's inland waterways. The permit requests were denied due to danger to the West Indian Manatees that live in the waterways. The Florida Marine Contractors Association challenged the U.S. Fish and Wildlife Service's permit denials on the basis that the Marine Mammal Protection Act does not apply to residential docks. Summary judgment was granted in favor of the U.S. Fish and Wildlife Service.
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Folkers v. City of Waterloo, Iowa |
Plaintiff brought civil rights action against the City of Waterloo, Iowa (City) alleging procedural and substantive due process violations after Animal Control Officers seized Plaintiff’s dog and detained the dog for one hundred days while an appeal was pending.
On Plaintiff’s motion for partial summary judgment, the United States District Court, N.D. Iowa, Eastern Division, found that the Fifth Amendment Due Process Clause did not apply to Plaintiff’s claim, the Animal Control Officers were acting under color of state law, and that the one hundred day detention of Plaintiff’s dog was a meaningful interference with Plaintiff’s possessory interest in his dog.
The Court also found that Plaintiff’s right to procedural due process under the Fourteenth Amendment was satisfied by the post-deprivation hearing provided Plaintiff, Plaintiff’s claim that
the decision to detain Plaintiff’s dog was unreasonable or arbitrary, implicated the “unreasonable seizure” provisions of the Fourth Amendment, rather than the substantive due process provisions of the Fourteenth Amendment, and that even if the substantive due process provisions of the Fourteenth Amendment were otherwise applicable, Plaintiff would not have been entitled to relief under the substantive due process provisions of the Fourteenth Amendment.
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Folsom v. Barnett |
Defendant-veterinarian sought appeal of a judgment against him for malpractice resulting from the injury to plaintiff’s thoroughbred colt that resulted in its destruction. The Court of Appeals held that an examination of the record revealed that sufficient evidence was produced to put in issue the question of whether appellant used such skill and attention as may ordinarily be expected of careful and skillful persons in his profession. Thus, the issue was correctly submitted to a jury.
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Food & Water Watch, Inc. v. Vilsack |
The U.S. District Court for the District of Columbia dismissed a lawsuit by plaintiffs against U.S. Secretary of Agriculture Tom Vilsack that challenged the United States Department of Agriculture’s New Poultry Inspection System (NPIS) promulgated under the US Poultry Products Inspection Act (PPIA). The court held that plaintiff’s failed to state an injury-in-fact that was traceable to the actions of the defendants for which relief could be granted. Under NPIS, far fewer federal inspectors would be stationed along slaughter lines, and the employees themselves could conduct a preliminary screening of the carcasses before presenting the poultry to a federal inspector for a visual-only inspection. Plaintiffs contended that the revised processing procedures were inconsistent with the PPIA and would ultimately result in the production of unsafe poultry products. They sought a preliminary and permanent injunction by the court to prevent the USDA and the USDA′s Food Safety and Inspection Service from implementing NPIS. |
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For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century |
This article looks at international wildlife poaching in the 21st century. |
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Ford v. Com. |
In this Virginia case, the defendant was convicted of maliciously shooting a companion animal of another “with intent to maim, disfigure, disable or kill,” contrary to Va. Code § 18.2-144, and being a felon in possession of a firearm. The Court held that the evidence was sufficient to support his convictions, where the defendant admitted he drove the vehicle witnesses saw by the barn where the dog was shot and one witness saw him shoot toward the barn.
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Forest Conservation Council v. Rosboro Lumber Co. |
In this case, an environmental group filed a citizen suit under the Endangered Species Act (ESA) seeking an injunction to prevent modification of the habitat of a pair of spotted owls by defendant-logging company. The United States District Court for the District of Oregon entered summary judgment for the logging company. The Court of Appeals reversed and remanded. The Court found the issue on appeal is whether the district court correctly interpreted the ESA to foreclose citizen suits that only allege a future injury to a protected species. The Court held that the ESA's language, purpose, and structure authorize citizens to seek an injunction against an imminent threat of harm to a protected species. The proposed clear-cutting logging activity was imminent and reasonably certain to injure the owl pair by significantly impairing their essential behavioral patterns.
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Forest Guardians v. U.S. Fish and Wildlife Service |
Appellant, Forest Guardians, contend on appeal that the U.S. Fish and Wildlife Service violated section 10(j) of the ESA by releasing captive-bred Falcons within an area not wholly separated geographically from an already-existing Falcon population. Forest Guardians aver that the FWS violated the NEPA by deciding to release the captive-bred Falcons before taking the requisite "hard look" at the environmental impact of its decision. Regarding Forest Guardians’ challenge of section 10(j) of the ESA, the court held that the FWS’s release of the captive-bred Falcons did not violate the Act. Forest Guardians’ contention that New Mexico, the location of the experimental release, already quartered an existing population was unpersuasive. The court further rejected Forest Guardian’s second contention that the FWS violated the NEPA by failing to adequately review its proposed action.
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Forest Guardians v. Veneman |
District Court held that United States Forest Service could issue permits that allow cattle on lands near waterways where spikedace and loach minnows live, both species are listed as "threatened" species, even though this grazing could delay their recovery.
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