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RULES FOR PLAYING GOD: THE NEED FOR ASSISTED MIGRATION & NEW REGULATION |
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Safari Club International v. Jewell |
Safari Club International and the National Rifle Association filed suit challenging the federal government’s suspension of imports of trophies from elephants sport-hunted in Zimbabwe. In April of 2014, the U.S. Fish and Wildlife Service (“the Service”) suspended imports of trophies from elephants on the basis that the Service could no longer make the finding required under its regulations “that the killing of the animal whose trophy is intended for import would enhance survival of the species.” Safari Club asserted four main arguments against the Service’s suspension of imports: (1) the agency violated APA rulemaking requirements by not providing for notice and comment; (2) the agency applied prohibited guidelines and the wrong standard in making its findings; (3) the agency failed to overcome a statutory presumption in Section 9(c)(a) of the Endangered Species Act; and (4) the agency violated the APA by failing to explain why it maintained the enhancement finding requirement in the Special Rule after the requirement was eliminated from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The court reviewed Safari International’s arguments and granted summary judgment only with respect to the argument that the Service had failed to publish notice of the changed Zimbabwe enhancement finding in the Federal Register until May 12, 2014. The court dismissed the remaining arguments put forth by Safari International and granted summary judgment in favor of the Service. The court found that the Service had violated its commitment to publish any notice of a change in the Federal Register before the change can take effect. The Service violated this commitment by publishing notice of the suspension of imports of trophies in the Federal Register on May 12, 2014 but making the effective date of the suspension April 4, 2014. For this reason, the court found that the effective date of the suspension must be changed to May 12, 2014. With respect to Safari International’s other arguments, the court found that Safari International was unable to meet its burden and held in favor of the Service. |
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Safari Club International v. Zinke |
This case dealt with an action brought by an organization of safari hunters and firearm advocacy association under the Administrative Procedures Act (APA) and the Endangered Species Act (ESA) against the U.S. Fish and Wildlife Services (FWS), challenging the decision to suspend imports of sport-hunted African elephant trophies from Zimbabwe. The U.S. District Court for the District of Columbia entered summary judgment in FWS's favor, and the organization and association appealed. Under the ESA, sport-hunted African elephant trophies may only be imported into the United States if, among other things, the FWS makes “[a] determination ... that the killing of the trophy animal will enhance the survival of the species”. The Court of Appeals held that 1) FWS's interpretation of Special Rule forbidding import of sport-hunted elephant trophies was permissible; 2) FWS could base finding that killing of African elephants did not enhance species' survival on absence of evidence that sport hunting enhanced survival of species; 3) FWS's conclusion that it lacked evidence to make finding that killing African elephants in Zimbabwe would enhance survival of species rebutted any presumption that importation did not violate any provision of ESA or regulation issued pursuant to ESA; 4) removal of enhancement requirement from Convention on International Trade in Endangered Species of Wild Fauna and Flora did not require FWS to reconsider Special Rule; 5) finding constituted rule rather than adjudication; and 6) FWS's failure to engage in notice-and-comment prior to finding was not harmless error. Affirmed in part and reversed in part, and remanded so the FWS can initiate rule making to address enhancement findings for the time periods at issue in this case. |
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Save the Pine Bush, Inc. v. Common Council of City of Albany |
An Organization dedicated to the protection of the Karner Blue Butterfly and other species that live in an area of land used as a nature preserve brought challenge against the City Common Council’s; (“Council”) approval of a Developer’s rezoning application for the land.
The Supreme Court, Appellate Division, Third Department, New York, held that the Organization had standing to bring suit, because the Organization showed the existence of an actual injury different from that of the general public, due to the Organization’s regular use of the preserve, at least one member’s nearby residency to the preserve, and the Organization’s historic involvement in the protection and preservation of the preserve. (2010 - Order Reversed by Save the Pine Bush, Inc. v. Common Council of City of Albany, 13 N.Y.3d 297, 918 N.E.2d 917, 890 N.Y.S.2d 405, 2009 N.Y. Slip Op. 07667 (N.Y. Oct 27, 2009) (NO. 134)).
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SC - Endangered Species - Chapter 123 Department of Natural Resources |
These South Carolina regulations list the non-game wildlife on the state's List of Endangered Wildlife Species, as well as the animals that are considered threatened and "in need of management." If an animal is listed as threatened or endangered, a permit must be obtained in certain situations to avoid penalty for "taking" a listed species. Furthermore, these regulations also set out provisions for hunting alligators and selling alligator meat and hide; for obtaining vultures, kites, hawks, eagles, ospreys, falcons, and owls for the practice of falconry; and for protecting sea turtles by regulating the nets on shrimping trawls. |
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SC - Endangered Species - Chapter 15. Nongame and Endangered Species Conservation Act |
These statutes comprise the "South Carolina Nongame and Endangered Species Conservation Act." Included in the provisions are definitions and criteria related to the listing of endangered species. Violation of the provisions constitutes misdemeanors of varying penalties as well as forfeiture of equipment used in the illegal takings. |
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SC - Wildlife - § 50-1-270. Liability for gross destruction or injury to wildlife, |
This South Carolina statute provides that any person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. This section does not apply to ordinary agricultural practices. |
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SD - Endangered Species - Chapter 34A-8. Endangered and Threatened Species |
These South Dakota statutes provide the definitions and regulations related to endangered and threatened species in the state. Under statute, state agencies shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands. It is a misdemeanor to take, possess, transport, import, export, process, sell or offer for sale, buy or offer to buy (nor may a common or contract carrier transport or receive for shipment) a listed species as defined by statute. |
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Seiber v. U.S. |
Owners of commercial timberland designated as northern spotted owl nesting habitat brought suit against the United States, alleging that the land was temporarily taken when the Fish and Wildlife Service (FWS) denied their application to cut timber on the property which had been considered critical habitat for the endangered species. The appeals court upheld the lower court and held that no adequate claim for a "takings" was made.
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Shelby PROIE; Karen Munro; Patricia Sykes; Animal Legal Defense Fund, a non-profit corporation; and People for the Ethical Treat |
This case challenges a decision by the National Marine Fisheries Service to exclude from the listing of the Southern Resident killer whale population all captive members of that population and their progeny. By excluding the captive members from the endangered species list under the Endangered Species Act, plaintiffs contend that NMFS has failed to protect these animals from being harmed, harassed, and even killed, as otherwise prohibited under the ESA, and has acted in a manner that is arbitrary and capricious, an abuse of discretion, and not in accordance with law, within the meaning of the APA.
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