The Ninth Circuit has ruled that the Fish and Wildlife Service violated the Endangered Species Act by implementing a rule that “unreasonably” required parties to provide affected states with a 30-day notice of intent to file a petition to list an endangered species. The panel reversed the district court’s summary judgment entered in favor of FWS and remanded to enter judgment in favor of plaintiffs, Friends of Animals.
This Week's Spotlights
Case Law Updates - Federal Case Law Updates
Ninth Circuit Overturns State Notice ESA Rule
Academic Updates - Articles
Critique of Animals as Plaintiffs
A new article in the Washington University Law Review by Richard L. Cupp Jr. argues lawsuits “seeking to place animals in the role of plaintiffs” are a “societally harmful” attempt to protect animals that “could be a back door to breaking down legal barriers between humans and animals.”
A new article in the Washington University Law Review by Richard L. Cupp Jr. argues lawsuits “seeking to place animals in the role of plaintiffs” are a “societally harmful” attempt to protect animals that “could be a back door to breaking down legal barriers between humans and animals.”
Case Law Updates
Federal Case Law Updates
CBD Threatens ESA Lawsuit Challenging Navy Failure to Consult
The Center for Biological Diversity has notified the National Marine Fisheries Service and the U.S. Navy that it intends to file suit under the Endangered Species Act unless the agencies consult on the impact of the Navy’s activities on endangered species in the Hawaii-Southern California Training and Testing (HSTT) Study Area.
The Center for Biological Diversity has notified the National Marine Fisheries Service and the U.S. Navy that it intends to file suit under the Endangered Species Act unless the agencies consult on the impact of the Navy’s activities on endangered species in the Hawaii-Southern California Training and Testing (HSTT) Study Area.
Center for Food Safety Seeks Records Related to Genetically Engineered Animals
The Center for Food Safety has filed suit against the Food and Drug Administration under the Freedom of Information Act seeking records related to “FDA’s regulatory oversight of gene-edited animals” and “communications between FDA and United States Department of Agriculture (USDA) concerning the potential transfer of regulatory power from FDA to USDA for gene-edited animals.”
The Center for Food Safety has filed suit against the Food and Drug Administration under the Freedom of Information Act seeking records related to “FDA’s regulatory oversight of gene-edited animals” and “communications between FDA and United States Department of Agriculture (USDA) concerning the potential transfer of regulatory power from FDA to USDA for gene-edited animals.”
Center for Food Safety Seeks Shellfish Farming Records
The Center for Food Safety has filed suit against the United States Army Corps of Engineers under the Freedom of Information Act seeking records related to the agency’s “regulation of commercial shellfish operations in accordance with its obligations under the Clean Water Act . . . and the Endangered Species Act.”
The Center for Food Safety has filed suit against the United States Army Corps of Engineers under the Freedom of Information Act seeking records related to the agency’s “regulation of commercial shellfish operations in accordance with its obligations under the Clean Water Act . . . and the Endangered Species Act.”
Ninth Circuit Overturns State Notice ESA Rule
The Ninth Circuit has ruled that the Fish and Wildlife Service violated the Endangered Species Act by implementing a rule that “unreasonably” required parties to provide affected states with a 30-day notice of intent to file a petition to list an endangered species. The panel reversed the district court’s summary judgment entered in favor of FWS and remanded to enter judgment in favor of plaintiffs, Friends of Animals.
The Ninth Circuit has ruled that the Fish and Wildlife Service violated the Endangered Species Act by implementing a rule that “unreasonably” required parties to provide affected states with a 30-day notice of intent to file a petition to list an endangered species. The panel reversed the district court’s summary judgment entered in favor of FWS and remanded to enter judgment in favor of plaintiffs, Friends of Animals.
Agency Updates
FWS Initiates Five-Year Review of 27 Species
The Fish and Wildlife Service has announced it is initiating a five-year review of 27 animal species in California and Nevada under the Endangered Species Act. The agency is requesting receipt of new information relevant to its reviews by July 19, 2021.
The Fish and Wildlife Service has announced it is initiating a five-year review of 27 animal species in California and Nevada under the Endangered Species Act. The agency is requesting receipt of new information relevant to its reviews by July 19, 2021.
Academic Updates
Articles
Critique of Animals as Plaintiffs
A new article in the Washington University Law Review by Richard L. Cupp Jr. argues lawsuits “seeking to place animals in the role of plaintiffs” are a “societally harmful” attempt to protect animals that “could be a back door to breaking down legal barriers between humans and animals.”
A new article in the Washington University Law Review by Richard L. Cupp Jr. argues lawsuits “seeking to place animals in the role of plaintiffs” are a “societally harmful” attempt to protect animals that “could be a back door to breaking down legal barriers between humans and animals.”