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Environmental Law
National Environmental Policy Act
Migratory Bird Treaty Act

Friends of Animals v. Sally Jewell, Dan Ashe, Ren Lohoefener, Robyn Thorson

Published: Nov. 22, 2014 | Result Date: Aug. 1, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-02034-JAM-CKD Summary Judgment –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Michael Harris

Jennifer Barnes


Defendant

Coby Howell


Facts

Friends of Animals filed a complaint against Secretary of Interior Sally Jewell, Director of U.S. Fish and Wildlife Service Dan Ashe, Ren Lohoefener, and Regional Director of Region 1 U.S. Fish and Wildlife Robyn Thorson concerning the Barred Owls and Northern Spotted Owl.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff challenged the FWS' issuance of scientific collecting permit for the Barred Owls for research and conservation of the Northern Spotted Owl. Plaintiff alleged that this taking violated the Conventions, the Migratory Bird Treaty Act and the implementing regulation and also constituted a violation of the National Environmental Policy Act. Plaintiff moved for summary judgment, and asserted that it had organizational standing to assert the lawsuit.

DEFENDANTS' CONTENTIONS:
Defendants filed a cross-motion for summary judgment, arguing that plaintiff lacked standing to bring suit.

Result

The court granted defendants' cross-motion for summary judgment for lack of standing. Accordingly, it denied Friends of Animals' summary judgment without prejudice.

Other Information

Friends of Animals refiled the action on September 10, 2014 in the U.S. District Court for the District of Oregon. That case remains pending.


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