Endangered Species

Summary: This case regards a defendant who shot and killed a jaguar, which was an endangered species, allegedly in the name of defense and necessity. The plaintiff argued that the defendant did not require defense or true necessity, that he had to prove that he did not kill the jaguar, and that in circumstances of uncertainty, the court should hold in favor of nature (in dubio pro natura). The defendant was not a hunter and was not actively hunting the jaguar. Ecuadorian environmental law states that anyone who “hunts” a legally protected species will be punished with incarceration. The court discussed concepts of Ecuadorian constitutional law, rights of nature, and the juxtaposition of human beings working within the habitats of wild, and potentially predatory, animals. After a detailed discussion, the court accepted the appeal and unanimously agreed to punish the defendant with six months' prison time.

Summary: This case is about a crime against the environment. The defendant, while out hunting, had shot and killed a condor. The condor was recognized by locals as an Andean Condor, and was environmentally classified as “endangered.” For its killing, the defendant received a prison sentence. The court reasoned that it is within the national interest to prosecute the defendant and protect the country’s environment, including its wildlife.

Summary: In this case, the U.S. Bureau of Ocean Energy Management (“BOEM”) approved the construction of Vineyard Wind, a wind power project off the coast of Massachusetts after consulting with the National Marine Fisheries Service (“NMFS”). A group of Nantucket residents, organized as "Nantucket Residents Against Turbines" (“Residents”), allege that the federal agencies violated the Endangered Species Act by concluding that the project's construction likely would not jeopardize the critically endangered North Atlantic right whale. The United States District Court for the District of Massachusetts granted summary judgment for BOEM and NMFS. On appeal of summary judgment, the Residents further allege that BOEM violated the National Environmental Policy Act by relying on NMFS's flawed analysis. The court rejected the Residents' argument, finding that NMFS's biological opinion properly analyzed the current status and environmental baseline of the right whale. Further, the biological opinion properly analyzed the effects of the project (e.g., noise) on the right whale, along with mitigation measures, and did not ignore the project's additive effects on the right whale's long-term recovery prospects. Finally, BOEM's reliance on the biological opinion did not violate NEPA. The judgment of the district court was affirmed.

Summary: This case was brought by plaintiffs to challenge an Idaho law that authorizes wolf trapping and snaring in grizzly bear habitat. Plaintiffs argue that the authorization of this trapping activity will lead to the unlawful taking of grizzly bears, in violation of the Endangered Species Act (ESA). Plaintiffs seek to enjoin the state's authorization of trapping in these areas until the state obtains an incidental take permit from the US Fish and Wildlife Service. The court found that there was ample evidence to show that that lawfully set wolf traps and snares are reasonably likely to take grizzly bears in Idaho. However, the court did not find sufficient evidence to show that trapping needs to be banned year round to protect grizzly bears in the state. Accordingly the court granted the injunction, but limited it to the period when grizzly bears are reasonably certain to be out of their dens.

Summary: Este caso se refiere a un acusado que disparó y mató a un jaguar, que era una especie en peligro de extinción, supuestamente en nombre de la defensa y la necesidad. El demandante alegó que el demandado no requería defensa o verdadera necesidad, que tenía que probar que no había matado al jaguar y que, en circunstancias de incertidumbre, el tribunal debía fallar a favor de la naturaleza (in dubio pro natura). El acusado no era cazador y no estaba cazando activamente al jaguar. La legislación medioambiental ecuatoriana establece que cualquier persona que "cace" una especie legalmente protegida será castigada con penas de prisión. El tribunal debatió conceptos del derecho constitucional ecuatoriano, los derechos de la naturaleza y la yuxtaposición de seres humanos que trabajan en el hábitat de animales salvajes y potencialmente depredadores. Tras un debate detallado, el tribunal aceptó el recurso y acordó por unanimidad castigar al acusado con seis meses de prisión.

Summary: Plaintiffs are a collection of businesses that distribute and sell products made from alligator and crocodile parts. They brought this suit to enjoin the provisions of a California law that would criminalize the sale and possession of alligator and crocodile parts in California. They argue that these laws would cause them to lose sales, lead to inventory liquidation, and cause job loss. The court found that the injury plaintiff were alleging was economic in nature, and that they would be likely to suffer an irreparable injury by the California law. Plaintiffs also argue that the California law is expressly preempted by the Endangered Species Act (ESA), and that trade in these species is authorized by an exemption under the regulatory "special rules" of the ESA. The court found that these exceptions applied to plaintiff's trade and possession of the animal parts, granted the injunction to enjoin California from enforcing the laws until final disposition of the case.

Summary: This case is brought by the Animal Legal Defense Fund (Plaintiff) against a private zoo based in Washington state, known as Olympic Game Farm, Inc (Defendant). Plaintiff argues that defendant has violated Washington’s wildlife laws, animal cruelty laws, and the Washington and federal Endangered Species Acts. Plaintiff also argues that defendant has created a public nuisance, which is a nuisance that “affects equally the rights of an entire community or neighborhood, although the extent of that damage may be unequal.” Generally, conduct the Washington legislature has named a public nuisance relating to animals are those which have an adverse impact on public land, such as improper discharge of pollution or animal carcasses, or other interferences with public enjoyment of land and public safety. None of these nuisances reference any animal cruelty laws and no animal protection statues name a nuisance as a violation of those laws. However, plaintiff argued that they have demonstrated that defendant is in violation of animal cruelty and wildlife laws, and asked the court to name the violation of these laws as a public nuisance per se. The court found that previous cases regarding public nuisance claims limit those claims to instances of property infringement or threats to public health and safety. Accordingly, the court held that defendant’s alleged violation of the wildlife, animal cruelty, and endangered species laws, did not constitute a public nuisance.

Summary: This overview explores the decline of the vaquita (phocoena sinus) population in the Sea of Cortez near Mexico. Vaquitas are the smallest cetacean species in the world with populations that have dwindled to near-extinction in the past twenty years. Vaquitas become entangled in gillnet fishing intended for totoaba fish, a commercially valuable species harvested for their swim bladders that are used in traditional Chinese medicine. While vaquitas receive protection under CITES, the MMPA, and gillnet bans, the lack of enforcement by the Mexican government has become an issue that resulted in several lawsuits by conservation organizations. With as few as ten vaquitas remaining in the wild, it is likely they will not be able to replace their population to outpace the deaths caused by illegal gillnet fishing.