Endangered Species

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Titlesort descending Summary
Los Altos Boots v. Bonta This unpublished California case considers the application of the recently amended statute (Penal Code section 653o), which makes it "unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard" beginning January 1, 2022. The instant case concerns the importation of some caiman products. The businesses bringing the suit seek the enjoin the caiman prohibition while the lawsuit is pending. While the state contends that the plaintiffs lack standing because the claim is unripe, the court found the three-part standing test was satisfied. The court also found that the extraordinary remedy of a preliminary injunction was justified where plaintiffs are likely to succeed on the merits, the plaintiffs will suffer irreparable economic harm if section 653o goes into effect on January 1st that cannot not be mitigated by damages, and the balance of harms favors plaintiffs. Specifically, the court found that section 653o will create a "clear conflict between that section and the Endangered Species Act" and plaintiffs have demonstrated a serious harm to their businesses. The court declined to "wade into a policy dispute "whether California's or the United States’ wildlife protections are superior." The motion for a preliminary injunction was granted. The defendants, their employees, agents, and successors in office are enjoined from enforcing California Penal Code sections 653o(c) and 653r in connection with the importation, possession, or sale of caiman bodies, parts, or products until the final disposition of this case.
Lujan v. Defenders of Wildlife


Respondents filed suit challenging the new regulation under the ESA that limited the jurisdiction to the U.S. and the high seas.  While the case, was remanded the central issue to this case was whether respondents had standing to challenge the ruling.
MA - Endangered Species - Chapter 131A. Massachusetts Endangered Species Act This Massachusetts statute comprises the state's endangered species act. "Endangered species", any species of plant or animal in danger of extinction throughout all or a significant portion of its range including those species listed under the federal ESA. The director shall conduct investigations and consult with the natural heritage and endangered species advisory committee in order to determine whether any species of plant or animal constitutes an endangered or threatened species or species of special concern. Habitat alteration permits are required under this act when any person undertakes a project that may alter a significant portion of habitat.
Maximizing Scientific Integrity in Environmental Regulations: The Need for Congress to Provide Guidance When Scientific Methods Are Inadequate or When Data Is Inconclusive
MD - Endangered Species - Nongame and Endangered Species Conservation Act These Maryland statutes comprise the Nongame and Endangered Species Conservation Act. Under the Act, any species designated under the federal Endangered Species Act is deemed an endangered species as are other species designated by the state secretary based on habitat and population factors. Violators of the Act shall be fined not more than $1,000 or be imprisoned not more than 1 year, or both and equipment used in the taking of designated species may be seized.
MD - Habitat - Subtitle 7. State Chesapeake Bay and Endangered Species Fund Maryland law specifically allocates funds for the habitat protection, conservation, and propagation of endangered and threatened species. This fund has a provision that designates this fund for the monitoring, surveying, and protection of bald eagle nest sites in addition to other wildlife.
ME - Endangered Species - Chapter 925. Fish and Wildlife Management and Research. Maine revised its endangered species law in 2019. "Take" means the he act or omission that results in the death of any endangered or threatened species. There are two types of offenses based on whether the conduct is negligent or intentional. Negligent acts concerning an endangered species result in a Class E crime with a fine of $1,000 which may not be suspended. Intentional acts concerning an endangered species result in a Class D crime with a fine of $2,000 which may not be suspended. Each type of taking lists what is prohibited with regard to endangered species, including hunting, possessing, and feeding/baiting.
ME - Endangered Species - Subchapter 3. Endangered Species; Management and Research. Maine revised its endangered species law in 2019. "Take" means the he act or omission that results in the death of any endangered or threatened species. There are two types of offenses based on whether the conduct is negligent or intentional. Negligent acts concerning an endangered species result in a Class E crime with a fine of $1,000 which may not be suspended. Intentional acts concerning an endangered species result in a Class D crime with a fine of $2,000 which may not be suspended. Each type of taking lists what is prohibited with regard to endangered species, including hunting, possessing, and feeding/baiting. Section 12810 also covers offenses against delisted species (of which the bald eagle is specifically listed).
MI - Biological Diversity - Chapter 324. Natural Resources and Environmental Protection Act. These Sections describe the State's desire to conserve biological diversity as well as the State's strategy and considerations in achieving this goal. These sections also create the joint legislative working committee on biological diversity.
MI - Endangered - Part 365. Endangered Species Protection The state of Michigan defines an endangered species as "any fish, plant life, or wildlife that is in danger of extinction throughout all or a significant part of its range, other than a species of insecta determined by the department or the Secretary of the United States Department of the Interior to constitute a pest whose protection under this part would present an overwhelming and overriding risk to humans." Violation of the taking provision constitutes a misdemeanor punishable up to 90-days in jail and/or up to $1,0000 in fines.

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