Federal

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Titlesort descending Summary
Coyote v. U.S. Fish and Wildlife Service


Defendant brought a motion after the USFWS denied his application to obtain eagle feathers for religious use where defendant failed to obtain certification from the Bureau of Indian Affairs that he was a member of a federally-recognized tribe.  The court held that this requirement is both contrary to the plain reading of that regulation and arbitrary and capricious.  For discussion on formerly recognized tribes and the BGEPA, see

Detailed Discussion.
Cramer v. Harris Plaintiff William Cramer filed this lawsuit in federal district court to challenge the constitutionality of California’s Proposition 2, which requires California egg farmers to house egg laying hens in less restrictive enclosures. Plaintiff argued that, because Proposition 2 did not specify a minimum cage size for egg laying hens, a reasonable person could not discern whether the enclosures being used were compliant with Proposition 2 and that the law is void for vagueness as a result. The district court dismissed the lawsuit. On appeal, the court reasoned that Proposition 2 did not need to specify a minimum amount of space per bird, and that the space requirements mandating that each hen be able to extend its limbs fully and turn around freely can be discerned using objective criteria. Accordingly, the court of appeals affirmed the judgment of the lower court and dismissed the lawsuit.
Crawford v. Van Buren County, Ark.


In this § 1983 action, defendant kennel operator alleged taking of private property without just compensation, unreasonable search and seizure, and due process violations in relation to seizure of dogs, and that the local humane society conspired with government entities. On appeal of summary judgment for the defendants, the court found her claims against the county were barred, and that she failed to first exhaust her administrative remedies. The animal control officer was acting pursuant to a valid search warrant when she entered the property to seize the dogs, and, under an animal cruelty plea agreement, had authority to inspect Crawford's premises. With regard to the Humane Society defendants, the court found summary judgment proper because there was no evidence amounting to a civil conspiracy to seize the dogs for personal gain.
Creekstone Farms Premium Beef v. United States Department of Agriculture
Creekstone Farms Premium Beef (Creekstone) sought to independently test their slaughtered cows so they could more safely provide meat to consumers. Creekstone requested testing kits from the USDA, the same kits that USDA inspectors use to test for BSE.

The district court ruled that Creekstone could perform the tests.
Creekstone Farms Premium Beef, L.L.C. v. Department of Agriculture
Plaintiff, a supplier of beef products, brought an action against Defendant, the United States Department of Agriculture (USDA), after the USDA denied Plaintiff’s request to purchase Bovine Spongiform Encephalopathy (BSE) testing kits.

 

The United States Court of Appeals, District of Columbia Circuit found that the USDA has authority under the Virus Serum Toxin Act (VSTA) to regulate the use of biological products, the USDA’s interpretation of VSTA allowing the USDA to deny an import permit based on the product’s intended use was not inconsistent with the regulation and was therefore entitled to deference by the Court, the USDA’s interpretation of the word “treatment” as including diagnostic activities was entitled to deference, and that

 

BSE testing is a diagnostic activity for purposes of VSTA.
Criscuolo v. Grant County The plaintiff’s dog was shot by a police officer while eyewitnesses claim that right before he fired, the dog was stationary or retreating at a distance of 10-20 feet from the officer and his police K9. The pet owner filed suit against both the individual police officer and the municipality, who both claimed immunity, which was granted at the trial court. On appeal, the court upheld the dismissal of the municipality based on the fact that official policy did “not authorize unconstitutional conduct or give officers unbridled discretion to shoot any animal they encounter, even if it is not threatening.” However, the appellate court reversed the trial court’s decision in regards to the officer’s immunity, holding that viewing the circumstances in the light most favorable to the plaintiff, the killing was not necessarily reasonable to protect the officer’s safety or the safety of his police K9.
Crow Indian Tribe v. United States Several Indian tribes, environmental organizations, and animal-welfare groups filed suits claiming that Fish and Wildlife Service (FWS) violated Endangered Species Act (ESA) and Administrative Procedure Act (APA) by issuing final rule “delisting” or removing grizzly bear population in Greater Yellowstone Ecosystem from threatened species list. The distinct population segment of the Yellowstone grizzly bear population has been so successful under the ESA that the FWS has been trying to delist it for almost 15 years, according to the court. This specific case was triggered by a 2017 D.C. Circuit case (Humane Society v. Zinke) that requires the FWS to address the impact that removing a DPS from protection under the ESA would have on the remaining listed species. At the time that ruling was issued, the FWS had already published a 2017 Rule that sought to delist the grizzly bear Yellowstone DPS. This then resulted in cross motions for summary judgment in district court. The district court granted summary judgment for the plaintiffs and vacated the 2017 rule, remanding it to the FWS. This remand resulted in a second delisting rule by FWS that was again vacated and remanded by the district court, demanding consideration of several discrete issues by FWS. The FWS now appeals that remand for consideration that require the study of the effect of the delisting on the remaining, still listed, grizzly population in the coterminous 48 states, as well as further consideration of the threat of delisting to long term genetic diversity of the Yellowstone grizzly. In addition, states in the region of the DPS (Idaho, Montana, and Wyoming) as well as some private hunting and farming organizations have intervened on the government's behalf. On appeal, the Court of Appeals first found that it had authority to review the district court order and that the intervenors had standing to pursue an appeal. As to the order by the district court that the FWS needs to conduct a "comprehensive review" of the impact of delisting on the remnant grizzly population, the appellate court vacated that portion of the order using the phrase "comprehensive review." Instead, it remanded to the lower court to order a "further examination" on the delisting's effects. The court also agreed with the district court that FWS' 2017 Rule was arbitrary and capricious where it had no concrete, enforceable mechanism to ensure the long-term genetic viability of the Yellowstone DPS. Finally, the Court of Appeals agreed with the district court order to mandate a commitment to recalibration (changes in methodology to measure the Yellowstone grizzly bear population) in the rule since that is required by the ESA. The Court affirmed the district court’s remand order, with the exception of the order requiring the FWS to conduct a “comprehensive review” of the remnant grizzly population.
Crowder v. Kitagawa


The plaintiffs in this case were a class of visually-impaired persons who use guide dogs. Plaintiffs sought exemption from Hawaii's imposition of a 120-day quarantine on carnivorous animals entering the state (which necessarily included their guide dogs). Specifically, they contend Hawaii's quarantine, designed to prevent the importation of rabies, violates the Americans with Disabilities Act (ADA),and their constitutional rights of travel, equal protection and substantive due process. On appeal of summary judgment, this Court held that without reasonable modifications to its quarantine requirement for the benefit of visually-impaired individuals who rely on guide dogs, Hawaii's quarantine requirement effectively prevents such persons from enjoying the benefits of state services and activities in violation of the ADA. The district court's issuance of summary judgment in favor of Hawaii, was reversed and the case was remanded to the district court for further proceedings.
Ctr. for Biological Diversity v. Haaland A small porpoise called the vaquita is on the verge of extinction, largely due to gillnet fishing of the totoaba fish that commonly traps and kills vaquitas as well. This fishing takes place in waters in Mexico’s territory, where the last few vaquitas live. In 2020, under the Marine Mammal Protection Act (MMPA), the United States banned the importation from Mexico of seafood products caught with gillnets inside the vaquita’s range. The Center for Biological Diversity, the Animal Welfare Institute, and the Natural Resources Defense Council, Inc. (Plaintiffs) brought this lawsuit in 2022 against the Secretary of the U.S. Department of the Interior Deb Haaland and the U.S. Department of the Interior (Defendants). Plaintiffs argue that Defendants caused an unlawful delay responding to a 2014 letter requesting that Secretary of the Interior certify the embargo against Mexico in order to curb the fishing of the totoaba, as doing otherwise diminished the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) by furthering the extinction of the vaquita. Plaintiffs also requested an order enjoining defendants from further delay in responding to the petition to certify Mexico, and costs and attorneys’ fees associated with the lawsuit. After settlement negotiations took place, parties reached a conditional settlement, and Secretary Haaland certified to the President that the fishing of totoaba by Mexican nationals and related killing of vaquita diminishes the effectiveness of CITES. It remains unclear whether Mexico has made progress in implementing the plan to save the vaquita, whether CITES is being implemented effectively by Mexico, and whether the President will act on the Secretary’s certification. After confirming that the Secretary of the Interior certified Mexico pursuant to the settlement agreement, parties entered into a voluntary dismissal and the court dismissed the lawsuit.
Ctr. for Biological Diversity v. NSF


The Center for Biological Diversity sought a temporary restraining order to enjoin the National Science Foundation from continuing its acoustical research in the Gulf of California.

The scientists who conducted the acoustical research in the Gulf of California, which was an environmentally sensitive area, used an array of air guns to fire extremely high-energy acoustic bursts into the ocean. The sound from the air guns was as high as 263 decibels (dB) at the source. The government had acknowledged that 180 dB caused significant injury to marine mammals. The court found that the Marine Mammal Protection Act (MMPA), governed the activities of the scientists on the research vessel, and that any injury or harassment to marine mammals in the course of the research project in the Gulf of California, outside the territorial waters of Mexico, would violate the MMPA.

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