DE - Wildlife - Chapter 1. Protected Wildlife |
These statutes comprise Delaware's protected wildlife provisions. The section outlines the powers and duties of the Department of Fish and Wildlife as well as how funds derived from fishing and hunting licenses may be used. The code also explains the procedure private parties may take when protected wildlife injures crops. |
Decision Condor Arturo No. 01901-2013-0204, 2014 - Ecuador |
This is the case of Arturo, an Andean condor. Prior to his demise, Arturo had been rehabilitated and released after being rescued by the Ministry of the Environment. Arturo was shot and killed by a hunter in the province of Napo, in Ecuador. The Office of the Attorney General and the Ministry of the Environment charged the hunter with committing an environmental crime, emphasizing the case's public interest, as Arturo belonged to a critically endangered species protected by national laws and international treaties. In addition, the Ministry of Environment stated that Arturo was protected under the Rights of Nature. For its killing, the defendant received a prison sentence of six months. The court reasoned that it is within the national interest to prosecute the defendant and protect the country’s environment, including its wildlife.
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Decreto Supremo 004, 2014 - Peru |
Esta ley aprueba la lista actualizada de categorización y clasificación de las especies de animales salvajes legalmente protegidas en las siguientes categorías: en peligro crítico, en peligro, vulnerable, casi amenazada y con datos insuficientes. Describe las normas y prohibiciones relativas a las actividades relacionadas con las especies en peligro, así como las normas relativas a la exportación de dichos animales con fines culturales o científicos. |
Defenders of Wildlife v. Hall |
Several wildlife organizations filed suit to challenge the FWS's Final Rule delisting the gray wolf Northern Rocky Mountain distinct population segment. The case was put on hold pending the outcome of several other legal battles regarding the wolf's status on the Endangered Species List, during which gray wolf protections were reinstated. Then, after Congress passed the 2011 fiscal year budget which contained a provision requiring the FWS to delist the Northern Rocky Mountain DPS, the court dismissed the case for lack of jurisdiction.
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Defenders of Wildlife v. Hall |
The case concerns the delisting of the wolf from the Endangered Species list that occurred in March of 2008. Plaintiffs-Defenders of Wildlife moved for a preliminary injunction, asking the Court to reinstate ESA protections for the wolf. Specifically, plaintiffs argue that even though the Fish & Wildlife Service’s (“Service”) original environmental impact statement (EIS) on wolf reintroduction conditioned the delisting on a finding of genetic exchange between populations, and there is no evidence that such exchange has occurred. Further, the Service approved Wyoming's 2007 wolf management plan even though the Wyoming plan still contains provisions that the Service previously found inadequate. On the whole, the court found that plaintiffs demonstrated a possibility of irreparable harm and granted plaintiff’s Motion for Preliminary Injunction. As a result, the Endangered Species Act protections were reinstated for the northern Rocky Mountain gray wolf pending final resolution of this matter on the merits.
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Defenders of Wildlife v. Hall |
Several wildlife organizations challenged the U.S. Fish and Wildlife Service's designation and delisting of the Northern Rocky Mountain gray wolf distinct population segment under the Endangered Species Act. This decision involved a motion for preliminary injunction. The court found that the plaintiffs had a substantial likelihood of success on the merits and the organizations and wolves would likely suffer irreparable harm in the absence of a preliminary injunction. Thus, the motion for preliminary injunction was granted.
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Defenders of Wildlife v. Jewell |
In 2012, a rule transferred management of the gray wolf in Wyoming from federal control to state control. In the present case, plaintiffs Center for Biological Diversity, Defenders of Wildlife, Fund for Animals, Humane Society of the United States, Natural Resources Defense Council, and Sierra Club, challenged the United States Fish and Wildlife Service’s decision to remove the gray wolf from the endangered species list in Wyoming. Plaintiffs moved for summary judgment, and maintained that the decision was arbitrary and capricious because Wyoming's regulatory mechanisms were inadequate to protect the species, the level of genetic exchange shown in the record did not warrant delisting, and the gray wolf was endangered within a significant portion of its range. Given the level of genetic exchange reflected in the record, the Court decided not to disturb the finding that the species had recovered, and it would not overturn the agency's determination that the species was not endangered or threatened within a significant portion of its range. However, the Court concluded that it was arbitrary and capricious for the Service to rely on the state's nonbinding promises to maintain a particular number of wolves when the availability of that specific numerical buffer was such a critical aspect of the delisting decision. The Court therefore granted plaintiffs' motion for summary judgment in part, denied it in part, and remanded the matter back to the agency.
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Defenders of Wildlife v. Kempthorne |
Ten non-profit groups sued the Fish and Wildlife Service (FWS) alleging that the FWS had not adequately explained why the Northeast, Great Lakes, and Southern Rockies were not a significant area of lynx habitat under the Endangered Species Act, as the FWS had previously been ordered by the court to do. Additionally, the non-profit groups claimed that the FWS had violated Section 7 of the Endangered Species Act by passing regulations which made it easier for federal agencies to thin trees in lynx habitat under the Healthy Forest Initiative. The Court ordered the FWS to explain why the Northeast, Great Lakes, and Southern Rockies were not a significant area of lynx habitat, but found that the challenged regulations making it easier to thin trees in lynx habitat were permissible.
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Defenders of Wildlife v. Norton |
Plaintiffs, twelve conservation organizations and one individual involved in Lynx conservation efforts, challenge a final decision by the USFWS declaring the Lynx in the contiguous United States to be a "threatened," rather than "endangered," species under the Endangered Species Act. Plaintiffs allege that the designation of the Lynx as threatened is "arbitrary, capricious, and an abuse of discretion, or otherwise not in accordance with law," in violation of § 706(2)(A) of the Administrative Procedure Act and that the Service has violated the ESA by failing to designate "critical habitat" for the Lynx as required by that statute. The Court granted summary judgment for the plaintiffs, finding that the FWS's conclusion that, "[c]ollectively, the Northeast, Great Lakes, and Southern Rockies do not constitute a significant portion of the range of the DPS," (three of the Lynx's four regions) were collectively not a significant portion of its range was counterintuitive and contrary to the plain meaning of the ESA phrase "significant portion of its range." With regard to the FWS's failure to designate critical habitat, the excessive delays experienced by the FWS ran completely counter to the mandate of the ESA and were without proper justification.
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Defenders of Wildlife v. Salazar |
The U.S. Fish & Wildlife Service's 2009 Final Rule unlawfully delisted wolves in Idaho and Montana from the Endangered Species Act (ESA). The Rule was vacated. The Court held that it had no authority to decide that it would be more equitable to ignore Congress' instruction on how an endangered species must be protected so that the wolves could be taken under the states' management plans. In addition, the Court held that it was inappropriate for the Court to approve a settlement at the expense of the Non–Settling Litigants' legal interests.
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