Federal

Summary: <p> This lawsuit arises out of the Fish and Wildlife Service's ("FWS") designation of approximately 30% of the critical habitat originally proposed for the Mexican spotted owl (Strix occidentalis lucida ) under the Endangered Species Act ("ESA").&nbsp; In analyzing the FWS's decision under both the standard of review for the APA and the deference afforded by the <u> Chevron </u> standard, the court found that the FWS's interpretation of "critical habitat" was "nonsensical."&nbsp; It is not determinative whether the habitat requires special management, but, pursuant to the ESA, it is whether the habitat is "essential to the conservation of the species" and special management of that habitat is possibly necessary.&nbsp;&nbsp; Thus, defendant's interpretation of the ESA received no deference by the court and the court found defendant's&nbsp;application of the ESA unlawful, as Defendant and FWS have been repeatedly told by federal courts that the existence of other habitat protections does not relieve Defendant from designating critical habitat.&nbsp; The court found that the FWS's Final Rule violated both the ESA and the APA in implementing its regulations. </p>

Summary: <p> A jury convicted defendant of one count of violating the Lacey Act, 16 U.S.C.S. &sect;&sect; 3371-3378. The jury found that defendant had violated Oklahoma law by capturing wild elk, holding them captive, and organizing at least one commercial elk hunt, without a license for those activities. The court affirmed. Violation of a state hunting law was an adequate basis for a Lacey Act prosecution.&nbsp;There was sufficient evidence to prove that the Oklahoma statute regarding commercial hunting licenses applied to defendant, and that defendant had knowledge of the statute's requirements. </p>

Summary: <div> In this case, animal welfare groups and two individuals&nbsp;challenged the&nbsp;regulation promulgated by Department of Agriculture that failed to include birds, rats, and mice as &ldquo;animals&rdquo; within meaning of Federal Laboratory Animal Welfare Act (FLAWA). The United States District Court for the District of Columbia, denied defendant's motion to dismiss, and subsequently granted plaintiffs' motion for summary judgment. Defendant appealed. The Court of Appeals held that plaintiffs could not demonstrate both constitutional standing to sue and statutory right to judicial review under the APA. The Court vacated the district court's judgment and remanded the case with directions to dismiss. </div>

Summary: <p> Plaintiffs, twelve conservation organizations and one individual involved in Lynx conservation efforts,&nbsp;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.&nbsp; 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 &sect; 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.&nbsp; The Court granted summary judgment for the plaintiffs, finding that the&nbsp;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,"&nbsp;(three of the Lynx's four regions)&nbsp;were collectively not a significant portion of its range&nbsp;was counterintuitive and contrary to the plain meaning of the ESA phrase "significant portion of its range."&nbsp; With regard to the FWS's failure to designate critical habitat,&nbsp;the excessive delays&nbsp;experienced by the FWS ran completely counter to the mandate of the ESA and were without proper justification.&nbsp; </p>

Summary: <p> The jury found that Fejes sold caribou in violation of the Lacey Act by providing guide services to two hunters that took the caribou in violation of Alaska law.&nbsp;&nbsp;The court held&nbsp;that a "sale" of wildlife for purposes of 16 U.S.C. &sect; 3373(d)(1)(B) encompasses not only the agreement to provide guide or outfitting services, but also the actual provision of such services.&nbsp; Further, defendant was not entitled to instruction regarding alleged state law requirement that he transport illegally taken caribou&nbsp;because the evidence at trial unquestionably showed that he sold caribou in interstate commerce. </p>

Summary: <p> Plaintiff filed a Section 1983 action against D.C. police officers alleging, <i> inter alia </i> , intentional infliction of emotional distress for the unprovoked shooting of his dog inside his home.&nbsp; The court found that the officers lacked probable cause for the warrantless entry into his home to&nbsp;make the arrest,&nbsp;the arresting officer made "an egregiously unlawful arrest," and the officers were unreasonable in shooting plaintiff's dog without provocation. </p>

Summary: <p> Defendants were charged with knowingly and willfully, with intent to defraud the United States, smuggling and clandestinely introducing into the United States merchandise, namely, psittacine birds, which should have been invoiced; by fraudulently and knowingly importing merchandise and by knowingly receiving, concealing and facilitating the transportation and concealment of such merchandise after importation, knowing the same to have been imported into the United States contrary to law.&nbsp; Appellants contend that the birds mentioned in count 1 were not merchandise, within the meaning of 18 U.S.C.A. &sect; 545. The court found there was no merit in this contention.&nbsp; Further, this importation subjected defendants to the felony provision of the Lacey Act and defendants were properly sentenced under the felony conspiracy portion of the Act. </p>

Summary: <p> After defendant received a shipment of dead frogs, he was convicted of violating a portion of the Lacey Act, 18 U.S.C.S. &sect; 42(c), which made it a misdemeanor to knowingly cause or permit any wild animal to be transported to the United States under inhumane or unhealthful conditions. Defendant appealed, and judgment was reversed and remanded with instructions to enter a judgment of not guilty. The government failed to meet its burden to prove not only that the defendant knowingly caused or permitted the transportation to the United States of a wild animal, but also that the defendant knew the conditions under which the frogs was transported were "inhumane or unhealthful." </p>

Summary: <p> Plaintiffs Farm Sanctuary, Inc. and Michael Baur filed this action seeking a declaratory judgment holding that the Secretary of Agriculture Ann Veneman and the United States Department of Agriculture must classify all downed livestock as adulterated pursuant to 21 U.S.C. &sect; 342(a) and an injunction prohibiting the USDA from allowing non-ambulatory animals to be used for human consumption. Defendants have moved to dismiss the complaint, inter alia, on the grounds that plaintiffs lack standing to sue. For the reasons discussed, the Government's motion is granted. </p>

Summary: <div> Cattle ranchers in Texas sued the&nbsp; <i> The Oprah Winfrey Show </i> and one of its guests for knowingly and falsely depicting American beef as unsafe in the wake of the British panic over &ldquo;Mad Cow Disease.&rdquo; The matter was removed from state court to federal court. The federal district court granted summary judgment as a matter of law on all claims presented except the business disparagement cause of action, which was eventually rejected by a jury. The court alternately held that no knowingly false statements were made by the appellees.&nbsp;This court affirmed on this latter ground only, finding that the guest's statement and the producers' editing of the show did not violate the Texas False Disparagement of Perishable Food Products Act.&nbsp; </div>