Federal

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Kanoa Inc., v. Clinton

Summary: <p> Plaintiff cruise company filed a motion for a temporary restraining order and a preliminary injunction to halt scientific research of the defendant government, alleging standing under the National Environmental Policy Act ("NEPA"), the Marine Mammal Protection Act ("MMPA"), and the Endangered Species Act ("ESA"). </p>

Plaintiff cruise company filed a motion for a temporary restraining order and a preliminary injunction to halt scientific research of the defendant government, alleging standing under the National Environmental Policy Act ("NEPA"), the Marine Mammal Protection Act ("MMPA"), and the Endangered Species Act ("ESA").

In the Matter of: Thomas E. Rainelli

Summary: <p> This case involves violations of the MMPA by taking, in the form of harassment by feeding or attempting to feed wild dolphins.&nbsp; The respondents, a captain of a vessel used in&nbsp;a dolphin-feeding encounter, and the sole shareholder of a boat renal company, were both found guilty and assessed civil penalties in the amount of $4500.&nbsp; Though the shareholder was not on the vessel when it committed the feeding violations, he was found guilty of violating the MMPA, by providing a platform from which feeding is conducted or supported.&nbsp; </p>

This case involves violations of the MMPA by taking, in the form of harassment by feeding or attempting to feed wild dolphins.  The respondents, a captain of a vessel used in a dolphin-feeding encounter, and the sole shareholder of a boat renal company, were both found guilty and assessed civil penalties in the amount of $4500.  Though the shareholder was not on the vessel when it committed the feeding violations, he was found guilty of violating the MMPA, by providing a platform from which feeding is conducted or supported. 

In the Matter of: Richard O'Barry

Summary: <p> In 1999, civil penalties in the amount of $59,500 were assessed for the release of two dolphins from captivity.&nbsp; The dolphins were not prepared to survive in the wild and sustained life-threatening injuries as a result of their release.&nbsp; An administrative law judge found that the release of two dolphins without providing them with the necessary skills for survival resulted in harassment and injury to them, and therefore, constituted a violation of the MMPA. </p>

In 1999, civil penalties in the amount of $59,500 were assessed for the release of two dolphins from captivity.  The dolphins were not prepared to survive in the wild and sustained life-threatening injuries as a result of their release.  An administrative law judge found that the release of two dolphins without providing them with the necessary skills for survival resulted in harassment and injury to them, and therefore, constituted a violation of the MMPA.

Coyote v. U.S. Fish and Wildlife Service

Summary: <p> 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.&nbsp; The court held that this requirement is both contrary to the plain reading of that regulation and arbitrary and capricious.&nbsp; For&nbsp;discussion on formerly recognized tribes and the BGEPA, see <a href="/articles/ddusbgepa.htm#formerly"> Detailed Discussion. </a> </p>

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.

Marine Wonderland & Animal Welfare Park, Ltd., v. Kreps

Summary: <p> The facts of this case deal with an Canadian amusement park that had dolphins in its possession&nbsp;en route to Canada when it was forced to land&nbsp; in the United States.&nbsp; In this case, the court found that the National Oceanic and Atmospheric Administration ("NOAA"), which is the agency charged with the administration of the MMPA, must be accorded first opportunity to interpret the meaning of "importation."&nbsp; The NOAA, as fact-finder and record-builder, is best suited to determine legal and factual determinations.&nbsp; </p>

The facts of this case deal with an Canadian amusement park that had dolphins in its possession en route to Canada when it was forced to land  in the United States.  In this case, the court found that the National Oceanic and Atmospheric Administration ("NOAA"), which is the agency charged with the administration of the MMPA, must be accorded first opportunity to interpret the meaning of "importation."  The NOAA, as fact-finder and record-builder, is best suited to determine legal and factual determinations. 

United States v. Sandia

Summary: <p> This case was vacated by the Tenth Circuit in the <u> Hardman </u> order.&nbsp; Defendant in this case sold golden eagle skins to undercover agents in New Mexico.&nbsp; On appeal, defendant contended that the district court failed to consider the facts under a RFRA analysis.&nbsp; The Tenth Circuit disagreed, finding that defendant never claimed that his sale of eagle parts was for religious purposes and that the sale of eagle parts negates a claim of religious infringement on appeal.&nbsp; For further discussion on religious challenges to the BGEPA, see <a href="/articles/ddusbgepa.htm#negates"> Detailed Discussion. </a> </p>

This case was vacated by the Tenth Circuit in the Hardman order.  Defendant in this case sold golden eagle skins to undercover agents in New Mexico.  On appeal, defendant contended that the district court failed to consider the facts under a RFRA analysis.  The Tenth Circuit disagreed, finding that defendant never claimed that his sale of eagle parts was for religious purposes and that the sale of eagle parts negates a claim of religious infringement on appeal.  For further discussion on religious challenges to the BGEPA, see Detailed Discussion.

Animal Welfare Institute v. Kreps

Summary: <p> These appeals arise from a complaint filed in the District Court challenging a decision by the Government appellees to waive the moratorium imposed by the Marine Mammal Protection Act (MMPA) [FN1] so as to permit importation into the United States from South Africa of baby fur sealskins.&nbsp; We reverse, holding that appellants do have standing and that the Government's decision to waive the ban on importing baby fur sealskins violates the Marine Mammal Protection Act. </p>

These appeals arise from a complaint filed in the District Court challenging a decision by the Government appellees to waive the moratorium imposed by the Marine Mammal Protection Act (MMPA) [FN1] so as to permit importation into the United States from South Africa of baby fur sealskins.  We reverse, holding that appellants do have standing and that the Government's decision to waive the ban on importing baby fur sealskins violates the Marine Mammal Protection Act.

Defenders of Wildlife v. Hogarth

Summary: <p> Environmental groups challenge implementations of the International Dolphin Conservation Program Act ("IDCPA") which amended the MMPA and revised the criteria for banning tuna imports. </p>

Environmental groups challenge implementations of the International Dolphin Conservation Program Act ("IDCPA") which amended the MMPA and revised the criteria for banning tuna imports.

Longhi v. APHIS

Summary: <p> APHIS was unsuccessful in asserting that an applicant who is part of one license as a partnership can not apply for another as a corporation. </p>

APHIS was unsuccessful in asserting that an applicant who is part of one license as a partnership can not apply for another as a corporation.

Brandon v. Village of Maywood

Summary: <p> Plaintiffs brought &sect; 1983 action against village and police officers after botched drug bust in which bystander and dog were wounded.&nbsp; The court held that the police officers were entitled to qualified immunity in shooting of dog and the village did not have policies on police conduct that warranted liability.&nbsp; However, issues of fact precluded summary judgment on false imprisonment claim based on officers' assertion of immunity. <br/> </p>

Plaintiffs brought § 1983 action against village and police officers after botched drug bust in which bystander and dog were wounded.  The court held that the police officers were entitled to qualified immunity in shooting of dog and the village did not have policies on police conduct that warranted liability.  However, issues of fact precluded summary judgment on false imprisonment claim based on officers' assertion of immunity.

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