Endangered Species

Citizens for Better Forestry v. U.S. Dept. of Agriculture

Summary:

Plaintiffs Citizens for Better Forestry brought an action against Defendant U.S. Department of Agriculture alleging failure to adhere to certain procedures required by NEPA and the ESA after Defendant promulgated regulations governing the development of management plans for forests within the National Forest System upon preparation of an allegedly insufficient Environmental Impact Statement and without preparation of a Biological Assessment or consultation with the Fisheries and Wildlife Service or the National Marine Fisheries Service. On parties’ cross motions, the United States District Court granted Plaintiffs’ motion for summary judgment and denied Defendant’s motion for summary judgment, finding that Plaintiffs had standing, that Defendant did not comply with its requirements under the NEPA because the Environmental Impact Statement prepared by Defendant did not adequately evaluate the environmental impacts of the proposed regulations, and that Defendant did not comply with its requirements under the ESA because Defendant did not prepare an adequate Biological Assessment.

Plaintiffs Citizens for Better Forestry brought an action against Defendant U.S. Department of Agriculture alleging failure to adhere to certain procedures required by NEPA and the ESA after Defendant promulgated regulations governing the development of management plans for forests within the National Forest System upon preparation of an allegedly insufficient Environmental Impact Statement and without preparation of a Biological Assessment or consultation with the Fisheries and Wildlife Service or the National Marine Fisheries Service. On parties’ cross motions, the United States District Court granted Plaintiffs’ motion for summary judgment and denied Defendant’s motion for summary judgment, finding that Plaintiffs had standing, that Defendant did not comply with its requirements under the NEPA because the Environmental Impact Statement prepared by Defendant did not adequately evaluate the environmental impacts of the proposed regulations, and that Defendant did not comply with its requirements under the ESA because Defendant did not prepare an adequate Biological Assessment.

Center for Biological Diversity v. Henson

Summary:

Defendants brought a motion to stay in an action brought by Plaintiffs seeking re-initiation of consultation under ESA with respect to the Oregon Department of Forestry’s Habitat Conservation Plan promulgated in 1995 and their Incidental Take Permit obtained in 1995, which allows incidental taking of Northern Spotted Owls for sixty years in connection with timber harvest in the Elliot State Forest.  The United States District Court granted Defendants’ motion, finding that the potential harm and likelihood of damage to Plaintiffs if the action is stayed is low. The court also found that Defendants showed an adequate likelihood of hardship in having to go forward without a stay. The stay would likely result in the action ultimately becoming moot and/or at the very least greatly simplified, therefore saving judicial time and resources.

Defendants brought a motion to stay in an action brought by Plaintiffs seeking re-initiation of consultation under ESA with respect to the Oregon Department of Forestry’s Habitat Conservation Plan promulgated in 1995 and their Incidental Take Permit obtained in 1995, which allows incidental taking of Northern Spotted Owls for sixty years in connection with timber harvest in the Elliot State Forest.  The United States District Court granted Defendants’ motion, finding that the potential harm and likelihood of damage to Plaintiffs if the action is stayed is low. The court also found that Defendants showed an adequate likelihood of hardship in having to go forward without a stay. The stay would likely result in the action ultimately becoming moot and/or at the very least greatly simplified, therefore saving judicial time and resources.

In re Polar Bear Endangered Species Act Listing and § 4(d) Rule Litigation

Summary:

Plaintiffs Safari Club International and Safari Club International Foundation brought this action under the APA challenging the FWS's legal determination that the listing of the Polar Bear as "threatened" under the Endangered Species Act was a final agency action. At issue here is defendants' Motion for Judgment on the Pleadings on the grounds that plaintiffs fail to challenge a final agency action as required for judicial review under the APA. Alternatively, defendants argue that the plaintiffs lack standing to bring this action. This Court found that the action challenged by SCI and SCIF is final agency action for purposes of judicial review pursuant to the APA. On the issue of standing, defendants argue that plaintiffs' suit must be dismissed for lack of standing because plaintiffs have not alleged facts to establish that they have suffered an injury-in-fact. The court disagreed, finding that the plaintiffs have sufficiently pleaded that the “procedures in question” threaten a “concrete interest" - an interest in conservation that is impacted by the import ban. Defendants Motion for Judgment on the Pleadings was denied.

Plaintiffs Safari Club International and Safari Club International Foundation brought this action under the APA challenging the FWS's legal determination that the listing of the Polar Bear as "threatened" under the Endangered Species Act was a final agency action. At issue here is defendants' Motion for Judgment on the Pleadings on the grounds that plaintiffs fail to challenge a final agency action as required for judicial review under the APA. Alternatively, defendants argue that the plaintiffs lack standing to bring this action. This Court found that the action challenged by SCI and SCIF is final agency action for purposes of judicial review pursuant to the APA. On the issue of standing, defendants argue that plaintiffs' suit must be dismissed for lack of standing because plaintiffs have not alleged facts to establish that they have suffered an injury-in-fact. The court disagreed, finding that the plaintiffs have sufficiently pleaded that the “procedures in question” threaten a “concrete interest" - an interest in conservation that is impacted by the import ban. Defendants Motion for Judgment on the Pleadings was denied.

Friends of Animals v. Salazar

Summary: Plaintiffs brought an action against the Department of Interior and the Fish and Wildlife Service of the Department of Interior (“Defendants”) alleging that Defendants unlawfully promulgated a rule (the “Rule”) under the Endangered Species Act (“ESA”) exempting three endangered antelope species from the import, take and other prohibitions under the ESA.   On the parties’ cross motions for summary judgment, the United States District Court, District of Columbia granted Defendants’ motion in part and denied Defendants’ motion in part, finding Plaintiffs lack representational standing with respect to wild antelope and antelope in captivity, but have organizational standing under Section 10(c) of the ESA.   The Court granted Plaintiffs motion with respect to their Section 10(c) claim, finding that the promulgated rule violates Section 10(c) of the ESA.

Plaintiffs brought an action against the Department of Interior and the Fish and Wildlife Service of the Department of Interior (“Defendants”) alleging that Defendants unlawfully promulgated a rule (the “Rule”) under the Endangered Species Act (“ESA”) exempting three endangered antelope species from the import, take and other prohibitions under the ESA.   On the parties’ cross motions for summary judgment, the United States District Court, District of Columbia granted Defendants’ motion in part and denied Defendants’ motion in part, finding Plaintiffs lack representational standing with respect to wild antelope and antelope in captivity, but have organizational standing under Section 10(c) of the ESA.   The Court granted Plaintiffs motion with respect to their Section 10(c) claim, finding that the promulgated rule violates Section 10(c) of the ESA.

Florida Key Deer v. Paulison

Summary:

FEMA, under the National Flood Insurance Program, issues insurance to promote new development in flooded areas.  Plaintiffs sought to compel FEMA to enter into ESA consultation with FWS, and once that consultation occurred, amended their complaint to challenge the sufficiency of the FWS' biological opinion and reasonable and prudent alternatives.  The Eleventh Circuit held for the plaintiffs, reasoning that FEMA had not sufficiently complied with the obligation on federal agencies to carry out their programs consistent with the conservation of endangered and threatened species.

FEMA, under the National Flood Insurance Program, issues insurance to promote new development in flooded areas.  Plaintiffs sought to compel FEMA to enter into ESA consultation with FWS, and once that consultation occurred, amended their complaint to challenge the sufficiency of the FWS' biological opinion and reasonable and prudent alternatives.  The Eleventh Circuit held for the plaintiffs, reasoning that FEMA had not sufficiently complied with the obligation on federal agencies to carry out their programs consistent with the conservation of endangered and threatened species.

Wildearth Guardians v. Kempthorne

Summary:

In its suit for declaratory and injunctive relief alleging that Defendant, the Secretary of the Interior, failed to comply with his mandatory duty under the Endangered Species Act (“ESA”) to make a preliminary 90-day finding on two ESA listing petitions brought by Plaintiff, Plaintiff moved for leave to amend its Complaint to include a new claim against Defendant stemming from Defendant’s denial of an additional petition submitted by Plaintiff requesting that a small subset of species which had been included in one of the petitions at issue in the original Complaint be given protection on an emergency basis.   The United States District Court, District of Columbia granted Plaintiff’s motion to amend the Complaint to clarify that only a total of 674 species are covered by the two non-emergency petitions, rather than the 681 as stated in the original Complaint, but denied Plaintiff’s motion for leave to supplement its Complaint with a new claim, finding that Defendant’s decision not to issue emergency listings is committed to agency discretion by law, and thus precludes judicial review under the Administrative Procedure Act.

In its suit for declaratory and injunctive relief alleging that Defendant, the Secretary of the Interior, failed to comply with his mandatory duty under the Endangered Species Act (“ESA”) to make a preliminary 90-day finding on two ESA listing petitions brought by Plaintiff, Plaintiff moved for leave to amend its Complaint to include a new claim against Defendant stemming from Defendant’s denial of an additional petition submitted by Plaintiff requesting that a small subset of species which had been included in one of the petitions at issue in the original Complaint be given protection on an emergency basis.   The United States District Court, District of Columbia granted Plaintiff’s motion to amend the Complaint to clarify that only a total of 674 species are covered by the two non-emergency petitions, rather than the 681 as stated in the original Complaint, but denied Plaintiff’s motion for leave to supplement its Complaint with a new claim, finding that Defendant’s decision not to issue emergency listings is committed to agency discretion by law, and thus precludes judicial review under the Administrative Procedure Act.

Animal Welfare Institute v. Martin

Summary:

After Defendant, the Maine Department of Inland Fisheries & Wildlife (“DIFW”) adopted an emergency rule imposing limitations on the use of Conibear traps in response to a preliminary injunction issued by the Court after the death of a Canada lynx, a threatened species, Plaintiffs moved for an emergency temporary restraining order to enjoin the DIFW from allowing the use of Conibear traps for the remainder of the State’s trapping season after the death of an additional Canada lynx, caused by an illegally set Conibear trap.   The United States District Court, D. Maine denied Plaintiffs’ motion, finding that Plaintiffs failed to show a causal connection between the State’s licensure and regulation of the trapping and any Endangered Species Act violations resulting from the lynx’s death.

After Defendant, the Maine Department of Inland Fisheries & Wildlife (“DIFW”) adopted an emergency rule imposing limitations on the use of Conibear traps in response to a preliminary injunction issued by the Court after the death of a Canada lynx, a threatened species, Plaintiffs moved for an emergency temporary restraining order to enjoin the DIFW from allowing the use of Conibear traps for the remainder of the State’s trapping season after the death of an additional Canada lynx, caused by an illegally set Conibear trap.   The United States District Court, D. Maine denied Plaintiffs’ motion, finding that Plaintiffs failed to show a causal connection between the State’s licensure and regulation of the trapping and any Endangered Species Act violations resulting from the lynx’s death.

Moden v. U.S. Fish and Wildlife

Summary:

Plaintiffs filed claim against the United States Fish and Wildlife Service (“FWS”) alleging arbitrary and capricious agency action under the Administrative Procedure Act (“APA”) and failure to perform a nondiscretionary act under the Endangered Species Act (“ESA”).   The United States District Court, D. Oregon, granted Defendants’ motion to dismiss and denied Plaintiffs’ request for leave to amend, and Plaintiffs’ motion for summary judgment, finding   that it lacked subject matter jurisdiction over Plaintiffs’ APA and ESA claims, and that it remains without jurisdiction to mandate action by the agency if rulemaking has not been initiated by the FWS at its discretion, regardless of whether a determination resulting from a five year review suggests a listing status should be changed or should remain the same.

Plaintiffs filed claim against the United States Fish and Wildlife Service (“FWS”) alleging arbitrary and capricious agency action under the Administrative Procedure Act (“APA”) and failure to perform a nondiscretionary act under the Endangered Species Act (“ESA”).   The United States District Court, D. Oregon, granted Defendants’ motion to dismiss and denied Plaintiffs’ request for leave to amend, and Plaintiffs’ motion for summary judgment, finding   that it lacked subject matter jurisdiction over Plaintiffs’ APA and ESA claims, and that it remains without jurisdiction to mandate action by the agency if rulemaking has not been initiated by the FWS at its discretion, regardless of whether a determination resulting from a five year review suggests a listing status should be changed or should remain the same.

U.S. v. William

Summary: Defendants charged with unlawfully taking an endangered species and unlawfully possessing, carrying and transporting an endangered species within the United States in violation of the Endangered Species Act filed motions to suppress all evidence, including undersized lobsters and a sea turtle seized in connection with their stop and arrest after they had been stopped on suspicion of being illegal immigrants.   The District Court of the Virgin Islands, Division of St. Croix suppressed the evidence, finding that although the approaching police officer had reasonable suspicion to believe that criminal activity was taking place at the time the stop was made, the subsequent confinement of Defendants and search of their vehicle exceeded the limited purpose of the investigative stop.

Defendants charged with unlawfully taking an endangered species and unlawfully possessing, carrying and transporting an endangered species within the United States in violation of the Endangered Species Act filed motions to suppress all evidence, including undersized lobsters and a sea turtle seized in connection with their stop and arrest after they had been stopped on suspicion of being illegal immigrants.   The District Court of the Virgin Islands, Division of St. Croix suppressed the evidence, finding that although the approaching police officer had reasonable suspicion to believe that criminal activity was taking place at the time the stop was made, the subsequent confinement of Defendants and search of their vehicle exceeded the limited purpose of the investigative stop.

Center for Biological Diversity v. Kempthorne

Summary:

In an action alleging multiple violations of the Endangered Species Act (ESA), the Administrative Procedures Act (APA), and the National Environmental Policy Act (NEPA) pursuant to Defendants’ final rule designating the polar bear as threatened and promulgation of a special rule under section 4(d) of the ESA, Defendants Kempthorne and the United States Fish and Wildlife Service brought a motion to transfer the case to the United States District Court for the District of Columbia, Intervenor-Defendant Arctic Slope Regional Corporation brought a separate motion to transfer the case to the District of Alaska, and Intervenor-Defendant Alaska Oil and Gas Association filed a motion with the Judicial Panel on Multidistrict Litigation (MDL Panel) seeking to transfer the case to the D.C. District Court .   The United States District Court, N.D. California denied the motion to transfer the case to the District of Alaska, and decided to take the motion to transfer to the District of Columbia into submission and rule on it once the MDL Panel has issued its decision on whether to transfer the case to the District of Columbia.

In an action alleging multiple violations of the Endangered Species Act (ESA), the Administrative Procedures Act (APA), and the National Environmental Policy Act (NEPA) pursuant to Defendants’ final rule designating the polar bear as threatened and promulgation of a special rule under section 4(d) of the ESA, Defendants Kempthorne and the United States Fish and Wildlife Service brought a motion to transfer the case to the United States District Court for the District of Columbia, Intervenor-Defendant Arctic Slope Regional Corporation brought a separate motion to transfer the case to the District of Alaska, and Intervenor-Defendant Alaska Oil and Gas Association filed a motion with the Judicial Panel on Multidistrict Litigation (MDL Panel) seeking to transfer the case to the D.C. District Court .   The United States District Court, N.D. California denied the motion to transfer the case to the District of Alaska, and decided to take the motion to transfer to the District of Columbia into submission and rule on it once the MDL Panel has issued its decision on whether to transfer the case to the District of Columbia.