Federal

Summary: This second annual western lands conference explored federal initiatives about policy objectives and management approaches for public lands in the West, including the Colorado Grazing Roundtable and Rangeland '94, Option 9 and the Pacific Northwest forests, bypass flows and Colorado national forests, and wilderness protection in Utah. Speakers were from federal agencies; from states; from groups concerned with the use and protection of the public lands; and from academia.

Summary: In 1996, the Endangered Species Act was up for reauthorization, and with it, a variety of reform proposals were debated in the Biodiversity Protection Conference at the University of Colorado—Boulder. The following conference proceeding -- which included natural resource scholars, experts from the private and nonprofit sectors, and government officials--examined the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and examples of implementation of the Act from across the West. Special attention was given to major issues raised by the Act that cut across all regions, including: consultations and recovery planning; habitat conservation plans; the ESA and water rights; the ESA and state programs; the ESA and tribal rights; economic impacts of the ESA; and ESA reform proposals.

Summary: This action arose from plaintiff’s experience of bringing her service dog on Amtrak trains. Plaintiff brought claims on her own behalf and on behalf of a putative class of other disabled passengers against Amtrak pursuant to the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the District of Columbia Human Rights Act. Each claim related to Amtrak′s alleged practice of storing luggage in its train's “mobility aid” seating areas. Amtrak argued, amongst other things, that plaintiff lacked Article III Constitutional Standing because she had not suffered an injury in fact. The district court agreed and granted Amtrak′s motion to dismiss. The case was dismissed in its entirety.

Summary: The U.S. District Court for the District of Columbia dismissed a lawsuit by plaintiffs against U.S. Secretary of Agriculture Tom Vilsack that challenged the United States Department of Agriculture’s New Poultry Inspection System (NPIS) promulgated under the US Poultry Products Inspection Act (PPIA). The court held that plaintiff’s failed to state an injury-in-fact that was traceable to the actions of the defendants for which relief could be granted. Under NPIS, far fewer federal inspectors would be stationed along slaughter lines, and the employees themselves could conduct a preliminary screening of the carcasses before presenting the poultry to a federal inspector for a visual-only inspection. Plaintiffs contended that the revised processing procedures were inconsistent with the PPIA and would ultimately result in the production of unsafe poultry products. They sought a preliminary and permanent injunction by the court to prevent the USDA and the USDA′s Food Safety and Inspection Service from implementing NPIS.

Summary: This is a brief overview of the regulation of Great Apes under the Endangered Species Act.

Summary: This is a brief overview of the regulation of Great Apes under the CHIMP act.

Summary: This is a brief overview of the regulation of Great Apes under the Animal Welfare Act.

Summary: This paper first examines the historical listing of Great Apes under the Endangered Species Act, including the “split listing” of chimpanzees. It then analyzes how the listing status of Great Apes limits their use in various situations such as private possession, scientific research, and entertainment. Finally, the paper discusses the applicable provisions of CITES that restrict the international trade in Great Apes.

Summary: The following discussion outlines key events from the recent past that led to the surplus of chimpanzees in U.S. research facilities and the actions that the government has taken to reduce the number of chimpanzees that are maintained in those facilities. The remainder of the discussion provides a detailed analysis of the Chimpanzee Health Improvement, Maintenance, and Protection Act and an overview of the current status of the national chimpanzee sanctuary system.

Summary: This paper first addresses the need for protection of Great Apes by the Animal Welfare Aact (AWA), and the method by which they are afforded that protection. It then identifies and analyzes the types of activities that are regulated under the AWA, including commercial trade, exhibition, scientific research, and transportation. The Act requires that apes possessed for any of those purposes are maintained pursuant to certain minimum standards of care. Those standards are outlined and explained in Section IV. While APHIS is ultimately responsible for enforcing the AWA and USDA regulations, the agency does not have exclusive regulatory authority over apes used for those purposes. In addition to a variety of other federal laws, all regulated facilities must comply with all state and local laws governing the import, possession, use, and treatment of apes. The final portion of this paper analyzes the effect that the AWA has on those state and local laws.