Federal

Summary: Plaintiffs, who include the Animal Legal Defense Fund ("ALDF"), the Animal Welfare Institute ("AWI"), and three individuals, challenged the United States Department of Agriculture's ("USDA") decision not to adopt a Draft Policy that would have provided guidance to zoos, research facilities, and other regulated entities in how to ensure the psychological well-being of nonhuman primates in order to comply with the federal Animal Welfare Act ("AWA"). Plaintiffs challenge the decision not to adopt the Draft Policy under the Administrative Procedure Act ("APA") as arbitrary and capricious. The district court did not reach the merits of plaintiffs' suit because it determined that the USDA's decision did not constitute reviewable final agency action. This court disagreed, finding that at least one of the plaintiffs has standing under Article III of the Constitution. Further, the court concluded that the district court has authority under the APA to review the USDA's decision not to adopt the Draft Policy. Opinion Vacated on Rehearing en Banc by Animal Legal Defense Fund v. Veneman , 490 F.3d 725 (9th Cir., 2007).

Summary: Ten non-profit groups sued the Fish and Wildlife Service (FWS) alleging that the FWS had not adequately explained why the Northeast, Great Lakes, and Southern Rockies were not a significant area of lynx habitat under the Endangered Species Act, as the FWS had previously been ordered by the court to do. Additionally, the non-profit groups claimed that the FWS had violated Section 7 of the Endangered Species Act by passing regulations which made it easier for federal agencies to thin trees in lynx habitat under the Healthy Forest Initiative. The Court ordered the FWS to explain why the Northeast, Great Lakes, and Southern Rockies were not a significant area of lynx habitat, but found that the challenged regulations making it easier to thin trees in lynx habitat were permissible.

Summary: Plaintiffs Center for Biological Diversity, Sierra Nevada Forest Protection Campaign, Sierra Club, John Muir Project, Natural Resources Defense Council and Defenders of Wildlife move for an award of attorney fees and costs pursuant to § 11(g)(4) of the Endangered Species Act (ESA), 16 USC § 1540(g)(4), in connection with their efforts to have the California spotted owl listed as endangered. The Court denied the Center's motion for attorney fees because they failed to realize the goals of their lawsuit.

Summary: Judicial Officer affirmed the Administrative Law Judge's decision that Marjorie Walker, d/b/a Linn Creek Kennel, violated the regulations of the Animal Welfare Act. The Judicial Officer stated that the Animal Welfare Act provides factors that must be considered when deciding the amount of civil penalty, and that the ability to pay the penalty is not a factor. Respondent was ordered to cease and desist from violating the regulations and standards, pay a $14,300 civil penalty, and the license was revoked .

Summary: Before the Court is the appeal of Frank J. Abbate, Jr.from a misdemeanor conviction for violating a provision of the Migratory Bird Treaty Act ("MBTA") after a Louisiana Department of Fisheries and Wildlife agent witnessed Abbate illegally taking or attempting to take wood ducks after legal shooting hours. At trial, appellant was found guilty of the offense charged and sentenced him to a two-year term of probation. As a special condition, the magistrate ordered that appellant pay a fine of $500 and refrain from hunting birds during the probationary period. Appellant petitions this Court to review his portrayal of the facts and reconsider the credibility of the witnesses and evidence in light of the arguments and allegations presented in his appellate brief. However, rules of procedure governing this appeal preclude appellant from receiving a trial de novo. Accordingly, this Court cannot consider new facts which appellant did not allege at trial and disregarded appellant's arguments which raise conflict over the weight and credibility of testimony. With regard to sentencing, the court found that the magistrate properly exercised his discretion where appellant had a prior conviction under the MBTA for illegal hunting and the revocation of his hunting license would properly prevent future MBTA violations.

Summary: This matter comes before the court on a Motion to Dismiss the Indictment filed by the defendant. The defendant, Ed Winddancer, was indicted on six counts relating to possessing and bartering eagle feathers and feathers plucked from other migratory birds. Winddancer did not have standing to challenge the manner in which the MBTA has been administered against him, because applying for a permit under the MBTA would not have been clearly futile. With regard to the BGEPA, the court found that defendant showed that the BGEPA substantially burdens his ability to possess eagle feathers. However, the court found that he did not show that his desire to possess the feathers arises from a sincere religious belief. Further, the court found that the government indeed has a compelling interest in protecting the bald and golden eagle, especially since there is no reasonable forensic method by which law enforcement can determine if a bird was accidentally or intentionally killed, killed a hundred years ago, or killed yesterday.

Summary: Alleging violations of the Endangered Species Act (ESA) and the Administrative Procedure Act (APA), plaintiffs sought to compel defendants to publish in the Federal Register proposed and final rules to remove the Washington, Oregon and California population of the marbled murrelet (a coastal bird) from the list of threatened species. Plaintiffs alleged that after defendants completed a five year review of the murrelet, defendants violated the ESA and the Administrative Procedure Act (APA) by failing to publish proposed and final rules "delisting" the murrelet. However, the court found that under the subsection upon which plaintiffs rely, the Secretary need publish a proposed regulation only after receiving a petition to add or remove species from the lists of threatened and endangered species and making certain findings. Because plaintiffs have not alleged or demonstrated that they filed a petition, they cannot establish that the Secretary has a duty to publish a proposed regulation. Thus, defendant's motion to dismiss was granted.

Summary: An Arkansas woman who raises gamefowl brought an action challenging the constitutionality of the Animal Welfare Act which prohibits the interstate transportation of birds for the purposes of fighting.  The trial court dismissed the woman's claim and the Court of Appeals affirmed holding the statute is not vague.

Summary: A man was charged and convicted for violating the Lacey Act after illegally selling a tiger and grizzly bear.  The trial court admitted the man's conversation into evidence in which he implicated himself in the illegal sale of a grizzly bear.  The Court of Appeals affirmed the trial court holding the man's conversation was not protected by the Sixth Amendment because it was made before there were specific charges against him for the illegal sale of the grizzly bear.

Summary: An environmental group brought an action against the U.S. Army Corps Engineers and BP for violating both the National Environmental Policy Act and the Marine Mammal Protection Act.  Defendants counter-claimed that the environmental group lacked standing  and that the claim was barred by laches.  The Court of Appeals affirmed the denial of defendants' motion for summary judgment, reversed summary judgment against the environmental group, and remanded the case for consideration of the environmental group's request for injunctive relief.