Endangered Species

Wyoming v. United States Department of the Interior

Summary:

 In a letter, the Fish and Wildlife Service rejected Wyoming's wolf management plan due to Wyoming's predatory animal classification for gray wolves.  Wyoming brought claims against the United States Department of the Interior and Fish and Wildlife Service for violating the Endangered Species Act and Administrative Procedure Act.  The District Court dismissed the claims for lack of jurisdiction, reasoning the letter did not constitute final agency action under the Administrative Procedure Act. 

 In a letter, the Fish and Wildlife Service rejected Wyoming's wolf management plan due to Wyoming's predatory animal classification for gray wolves.  Wyoming brought claims against the United States Department of the Interior and Fish and Wildlife Service for violating the Endangered Species Act and Administrative Procedure Act.  The District Court dismissed the claims for lack of jurisdiction, reasoning the letter did not constitute final agency action under the Administrative Procedure Act. 

Defenders of Wildlife v. Secretary, U.S. Department of the Interior

Summary:

Plaintiffs challenged the Fish and Wildlife Service (FWS) "downlisting" of the gray wolf from endangered to threatened status through publication of its Final Rule.  The Final Rule delists the gray wolf in 14 southeastern states based on "listing error" because that region was not part of the gray wolf's historical range.  The court held that the FWS's extension of boundaries of only DPSs in which gray wolf populations had achieved recovery goals to encompass wolf's entire historical range was arbitrary and capricious.  FWS's downlisting of entire DPSs, without analyzing threats to the gray wolf outside of its current range, was inconsistent with the Endangered Species Act (ESA), and thus was arbitrary and capricious. 

Plaintiffs challenged the Fish and Wildlife Service (FWS) "downlisting" of the gray wolf from endangered to threatened status through publication of its Final Rule.  The Final Rule delists the gray wolf in 14 southeastern states based on "listing error" because that region was not part of the gray wolf's historical range.  The court held that the FWS's extension of boundaries of only DPSs in which gray wolf populations had achieved recovery goals to encompass wolf's entire historical range was arbitrary and capricious.  FWS's downlisting of entire DPSs, without analyzing threats to the gray wolf outside of its current range, was inconsistent with the Endangered Species Act (ESA), and thus was arbitrary and capricious. 

Center for Biological Diversity v. Morgenweck

Summary:

The United States Fish and Wildlife Service completed a review of an environmental group petition that requested the Yellowstone cutthroat trout be listed as an endangered species.  The United States Fish and Wildlife Service refused to list the fish as an endangered species and the environmental group brought an action to set aside the agency's findings.  The District Court held in favor of the environmental group reasoning the agency's rejection of the petition was arbitrary and capricious and the review of the petition was not conducted properly.

The United States Fish and Wildlife Service completed a review of an environmental group petition that requested the Yellowstone cutthroat trout be listed as an endangered species.  The United States Fish and Wildlife Service refused to list the fish as an endangered species and the environmental group brought an action to set aside the agency's findings.  The District Court held in favor of the environmental group reasoning the agency's rejection of the petition was arbitrary and capricious and the review of the petition was not conducted properly.

U.S. v. Lewis

Summary:

Defendant was convicted of a number of offenses related to his role in a wildlife smuggling operation. If trial did not begin within the requisite time period and defendant moved for dismissal prior to trial, the court had to dismiss the indictment, either with or without prejudice. The court held that the circumstances in the case, where it was clear that the delay in the trial caused the delay in the hearing, rather than the other way around, and where defendant repeatedly asked the court to set the case for trial and was otherwise ready to proceed to trial, plaintiff United States' pending pretrial motion could not serve as a basis for exclusion for a 117 day period. Because the delay violated the Speedy Trial Act, defendant's convictions had to be reversed, his sentences vacated, and his indictments dismissed.

Defendant was convicted of a number of offenses related to his role in a wildlife smuggling operation. If trial did not begin within the requisite time period and defendant moved for dismissal prior to trial, the court had to dismiss the indictment, either with or without prejudice. The court held that the circumstances in the case, where it was clear that the delay in the trial caused the delay in the hearing, rather than the other way around, and where defendant repeatedly asked the court to set the case for trial and was otherwise ready to proceed to trial, plaintiff United States' pending pretrial motion could not serve as a basis for exclusion for a 117 day period. Because the delay violated the Speedy Trial Act, defendant's convictions had to be reversed, his sentences vacated, and his indictments dismissed.

Center for Biological Diversity v. Badgley

Summary:

The Center for Biological Diversity and eighteen other nonprofit organizations appealed the district court's summary judgment in favor of the United States Fish and Wildlife Service.  The Center claimed the Secretary of the Interior violated the Endangered Species Act by making an erroneous, arbitrary, and capricious determination that listing the Northern Goshawk (a short-winged, long-tailed hawk that lives in forested regions of higher latitude in the northern hemisphere and is often considered an indicator species) in the contiguous United States west of the 100th meridian as a threatened or endangered species was not warranted.  In the absence of evidence that the goshawk is endangered or likely to become endangered in the foreseeable future, the court found the FWS's decision was not arbitrary or capricious and affirmed the summary disposition.

The Center for Biological Diversity and eighteen other nonprofit organizations appealed the district court's summary judgment in favor of the United States Fish and Wildlife Service.  The Center claimed the Secretary of the Interior violated the Endangered Species Act by making an erroneous, arbitrary, and capricious determination that listing the Northern Goshawk (a short-winged, long-tailed hawk that lives in forested regions of higher latitude in the northern hemisphere and is often considered an indicator species) in the contiguous United States west of the 100th meridian as a threatened or endangered species was not warranted.  In the absence of evidence that the goshawk is endangered or likely to become endangered in the foreseeable future, the court found the FWS's decision was not arbitrary or capricious and affirmed the summary disposition.

Gordon v. Norton

Summary:

Appellants Stephen Gordon and the Diamond G Ranch, Inc. challenged the Fish and Wildlife Service's control of gray wolves introduced under the Northern Rocky Mountain Wolf Recovery Plan near the Diamond G in the Dunoir Valley of northwestern Wyoming. Seeking declaratory and injunctive relief, they filed this action in federal district court alleging violations of the Fifth Amendment Takings Clause and the regulations promulgated under the Endangered Species Act. The district court dismissed the takings claims for lack of subject matter jurisdiction and the ESA claims as not yet ripe for review. This court affirmed the lower court.

Appellants Stephen Gordon and the Diamond G Ranch, Inc. challenged the Fish and Wildlife Service's control of gray wolves introduced under the Northern Rocky Mountain Wolf Recovery Plan near the Diamond G in the Dunoir Valley of northwestern Wyoming. Seeking declaratory and injunctive relief, they filed this action in federal district court alleging violations of the Fifth Amendment Takings Clause and the regulations promulgated under the Endangered Species Act. The district court dismissed the takings claims for lack of subject matter jurisdiction and the ESA claims as not yet ripe for review. This court affirmed the lower court.

American Society For Prevention of Cruelty to Animals v. Ringling Bros. and Barnum & Bailey Circus

Summary:

The American Society for the Prevention of Cruelty to Animals, the Animal Welfare Institute, the Fund for Animals, and Thomas Rider sued Ringling Bros. and its owner, Feld Entertainment, Inc., claiming that Asian elephants are an endangered species and that the circus mistreated its elephants in violation of the Endangered Species Act, 16 U.S.C. § 1531 et seq. The only question was whether, as the district court ruled in dismissing their complaint, plaintiffs (including a former elephant handler) lack standing under Article III of the Constitution.  The Court of Appeals held that the former elephant handler demonstrated present or imminent injury and established redressability where the elephant handler alleged enough to show that his injuries will likely be redressed if he is successful on the merits.

The American Society for the Prevention of Cruelty to Animals, the Animal Welfare Institute, the Fund for Animals, and Thomas Rider sued Ringling Bros. and its owner, Feld Entertainment, Inc., claiming that Asian elephants are an endangered species and that the circus mistreated its elephants in violation of the Endangered Species Act, 16 U.S.C. § 1531 et seq. The only question was whether, as the district court ruled in dismissing their complaint, plaintiffs (including a former elephant handler) lack standing under Article III of the Constitution.  The Court of Appeals held that the former elephant handler demonstrated present or imminent injury and established redressability where the elephant handler alleged enough to show that his injuries will likely be redressed if he is successful on the merits.

U.S. v. Crutchfield

Summary:

The court reversed the district court's judgment of convictions against defendants for the illegal importation and the intent to sell iguanas in the United States because of prosecutorial misconduct. The court held that the prosecutor wasted valuable money in pursuing irrelevant testimony, and improperly questioned defendants and their witnesses after repeated warnings from the district court judge.

The court reversed the district court's judgment of convictions against defendants for the illegal importation and the intent to sell iguanas in the United States because of prosecutorial misconduct. The court held that the prosecutor wasted valuable money in pursuing irrelevant testimony, and improperly questioned defendants and their witnesses after repeated warnings from the district court judge.

Center for Biological Diversity v. Norton

Summary:

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").  In analyzing the FWS's decision under both the standard of review for the APA and the deference afforded by the Chevron standard, the court found that the FWS's interpretation of "critical habitat" was "nonsensical."  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.   Thus, defendant's interpretation of the ESA received no deference by the court and the court found defendant's 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.  The court found that the FWS's Final Rule violated both the ESA and the APA in implementing its regulations.

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").  In analyzing the FWS's decision under both the standard of review for the APA and the deference afforded by the Chevron standard, the court found that the FWS's interpretation of "critical habitat" was "nonsensical."  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.   Thus, defendant's interpretation of the ESA received no deference by the court and the court found defendant's 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.  The court found that the FWS's Final Rule violated both the ESA and the APA in implementing its regulations.