1 Greater Yellowstone Coalition, Inc. v. Servheen, 665 F.3d 1015 (9th Cir. 2011). Heather Baltes I. INTRODUCTION
|
|
- Shanon George
- 6 years ago
- Views:
Transcription
1 Greater Yellowstone Coalition, Inc. v. Servheen, 665 F.3d 1015 (9th Cir. 2011). Heather Baltes I. INTRODUCTION In Greater Yellowstone Coalition, Inc. v. Servheen, 1 the Ninth Circuit Court of Appeals affirmed in part and reversed in part the judgment from the U.S. District Court for the District of Montana in favor of the Greater Yellowstone Coalition (GYC). 2 The court held: (1) the U.S. Fish and Wildlife Service s (Service) final rule delisting the Yellowstone grizzly bear population from Endangered Species Act (ESA) protection did not articulate a rational connection between the scientific information presented and its determination that whitebark pine declines would not threaten the Yellowstone grizzly population; 3 and (2) the district court erred when it concluded the Service irrationally concluded there were adequate regulatory mechanisms to protect the Yellowstone grizzly population upon delisting. 4 II. FACTUAL AND PROCEDURAL BACKGROUND In 1975, the declining population of grizzly bears across the lower 48 states prompted the Service to list the species as threatened under the ESA. 5 The Service developed and issued a Grizzly Bear Recovery Plan (Recovery Plan) in The purpose of the Recovery Plan was to restore viable, self-sustaining populations of grizzly bears to previously occupied areas, such as the Greater Yellowstone Area (GYA). 7 The Service revised the Recovery Plan by delineating demographic-based and habitat-based recovery criteria in 1993, and continued to update these 1 Greater Yellowstone Coalition, Inc. v. Servheen, 665 F.3d 1015 (9th Cir. 2011). 2 Id. at Id. at Id. at Id. at Id. at Greater Yellowstone Coalition, 665 F.3d at 1019.
2 criteria throughout the 1990s and 2000s. 8 In 2006, the Service determined the Recovery Plan s demographic-based and habitat-based recovery criteria were met. 9 In 2007, the Service finalized an inter-agency, multi-state cooperative strategy known as the Final Conservation Strategy for the Grizzly Bear in the Greater Yellowstone Area (Strategy). 10 Pursuant to the Recovery Plan, the Strategy was developed to guide management of the GYA grizzly population and its habitat upon delisting. 11 The Service proposed removal of the Yellowstone distinct population segment from the list of threatened wildlife based on meeting the Recovery Plan s demographic-based and habitat-based recovery criteria and finalizing the Strategy as a long-term conservation plan. 12 Following public notice and comment, the Service published a final rule (Rule) removing the Yellowstone grizzly distinct population segment from the list of threatened wildlife on March 29, Shortly after delisting, plaintiff Greater Yellowstone Coalition (GYC) challenged the Service s Rule, alleging: (1) inadequate regulatory mechanisms to protect the Yellowstone grizzly population; (2) failing to consider the grizzly population s historic range instead of its current range; (3) failing to adequately consider the effects of climate change and the mountain pine beetle on whitebark pine trees; and (4) the Yellowstone grizzly population lacked sufficient genetic diversity. 14 The district court granted summary judgment in part for the GYC on September 21, The district court found that the Service failed to rationally support its findings that declines in whitebark pine did not threaten the Yellowstone grizzly population, and 8 Id. 9 Id. 10 Id. at 1019, Id. at Id. at Greater Yellowstone Coalition, 665 F.3d at (citing 72 Fed. Reg (Mar. 29, 2007)). 14 Id. at Id.
3 that adequate regulatory mechanisms existed to protect the grizzly bear upon removal from the list. 16 III. ANALYSIS The Ninth Circuit reviewed the district court s grant of summary judgment de novo and the Service s compliance with the ESA as a final agency action subject to the arbitrary and capricious standard of the Administrative Procedure Act (APA). 17 The court explained the decision to delist the GYA grizzly population would be found arbitrary and capricious if the Service failed to articulate a rational connection between the facts found and the choices made. 18 A. The Service failed to articulate a rational connection between the science presented and its conclusion that whitebark pine declines would not threaten the GYA grizzly population. The GYC contended the Service failed to articulate a rational connection between the science it relied on and its determination that the GYA population would not be threatened by whitebark pine declines. 19 The court noted that a wildlife species must be listed as either endangered or threatened if other natural or manmade factors affect its continued existence. 20 In the Rule, the Service determined that changes in whitebark pine production were not likely to impact the viability of the GYA grizzly population within the foreseeable future. 21 The court articulated several inconsistencies between the information presented in the Service s Rule and its final decision, including that climate change impacted the distribution of whitebark pine seeds and that the GYA grizzly bears rely heavily on eating these seeds prior to 16 Id. 17 Id. 18 Id. 19 Greater Yellowstone Coalition, 665 F.3d at Id. 21 Id. (citing 72 Fed. Reg. at 14,929).
4 hibernation. 22 The court rejected the Service s first rationale that grizzly bears, as notoriously resourceful omnivores, will make behavioral adaptations to whitebark pine declines by pointing out that the concern was not with starving grizzly bears but the threat of increased proximity to humans because of adapting grizzly bears. 23 The court then rejected the Service s suggestion that whitebark pine decline would result in individual grizzly bear mortality, not population mortality, by pointing out that the grizzly bear population trend data relied on by the Service was collected before the major outbreak of mountain pine beetles began to kill the trees. 24 The court also rejected the Service s comparison to the Northern Continental Divide Ecosystem grizzly population s ability to survive a decline in whitebark pine as irrational because part of the Service s reasoning for designating the GYA grizzly population as a distinct population segment was its unique dependence on whitebark pine. 25 Finally, the court rejected the Service s reliance on adaptive management to justify delisting despite scientific uncertainty, saying the future possibility of relisting species cannot operate as a reasonable justification for delisting, and that adaptive management, without more specific management responses tied to specific triggering criteria, was an inadequate justification. 26 B. The Service rationally concluded that adequate regulatory mechanisms existed to protect the GYA grizzly population upon delisting. The court reversed the district court s finding that there was inadequate support for the Service s conclusion that adequate regulatory mechanisms existed for delisted GYA grizzly bears. 27 The ESA s delisting framework required the Service to determine whether inadequate 22 Id. at Id. 24 Id. at Greater Yellowstone Coalition, 665 F.3dat Id. at Id. at 1030.
5 regulatory mechanisms would threaten a species upon delisting. 28 The court relied on the incorporation of the Strategy s standards into the National Park Compendia (Compendia) and National Forest Plan (Forest Plan) in finding that adequate regulatory mechanisms existed. 29 The court explained the incorporation of the Strategy s standards into the Compendia and Forest Plan instilled federal regulatory force. 30 The court did not address whether the Strategy itself constituted an adequate regulatory mechanism. 31 Finally, the court explained that regulatory mechanisms protecting a species after delisting do not need to be as strict as those protecting ESA-listed species. 32 IV. DISSENTING OPINION The dissenting opinion agreed with the majority on the first issue but disagreed with the majority s finding that adequate regulatory mechanisms existed to protect the GYA grizzly population upon delisting. 33 The dissent suggested voluntary mechanisms were inadequate and that the majority failed to adequately explain how existing mechanisms prevented grizzly mortality. 34 Accordingly, the dissent would have found the Service s reliance on voluntary mechanisms a violation of the law, and as such, ordered the Rule vacated for failing to comply with ESA delisting requirements. 35 V. CONCLUSION Greater Yellowstone Coalition, Inc. v. Servheen involved a high-profile, threatened species and illustrated the importance of complying with the ESA delisting framework prior to removing a species from a protected list. Here, the court found the Service failed to assess the 28 Id. (citing 16 U.S.C. 1533(a)(1)(D) (2006)). 29 Id. at Id. 31 Greater Yellowstone Coalition, 665 F.3d at Id. 33 Id. at Id. at Id. at
6 potential threat resulting from the decline in whitebark pine. The grizzly bear relies heavily on the whitebark pine seeds prior to hibernation. A decline in the abundance of the whitebark pine seeds now, and in the future, threatens the continued success of the GYA grizzly population. Finally, the court held the Service rationally concluded that the incorporation of the Strategy s standards into Forest Plans and Compendia constituted adequate regulatory mechanisms to protect the grizzly population upon delisting.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION
Case 9:08-cv-00014-DWM Document 106 Filed 01/28/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION DEFENDERS OF WILDLIFE, et al., No. CV-08-14-M-DWM Plaintiffs,
More informationDirk Kempthorne, et al. Page 2
Page 2 Population Segments Under the Endangered Species Act ( DPS Policy ), the Service must consider three elements in determining whether to designate a DPS: first, the [d]iscreteness of the population
More informationComments on Black-footed Ferret Recovery Plan Second Revision (Docket #: FWS R6 ES 2013 N017)
June 24, 2013 National Black-footed Ferret Conservation Center US Fish and Wildlife Service P.O. Box 190 Wellington, CO 80549 Attn: Draft Recovery Plan Re: Comments on Black-footed Ferret Recovery Plan
More informationStructured Decision Making: A Vehicle for Political Manipulation of Science May 2013
Structured Decision Making: A Vehicle for Political Manipulation of Science May 2013 In North America, gray wolves (Canis lupus) formerly occurred from the northern reaches of Alaska to the central mountains
More informationRe: Proposed Revision To the Nonessential Experimental Population of the Mexican Wolf
December 16, 2013 Public Comments Processing Attn: FWS HQ ES 2013 0073 and FWS R2 ES 2013 0056 Division of Policy and Directive Management United States Fish and Wildlife Service 4401 N. Fairfax Drive
More informationSubmitted via erulemaking Portal
Submitted via erulemaking Portal Chris Fanning NMFS West Coast Region 501 W. Ocean Blvd., Suite 4200 Long Beach, CA 90802 https://www.regulations.gov/#!docketdetail;d=noaa-nmfs-2016-0022 March 31, 2016
More informationCase 2:09-cv ABJ Document 33 Filed 01/15/2010 Page 1 of 39
Case 2:09-cv-00118-ABJ Document 33 Filed 01/15/2010 Page 1 of 39 Harriet M. Hageman (Wyo. Bar No. 5-2656) Kara Brighton (Wyo. Bar No. 6-3071) HAGEMAN & BRIGHTON, P.C. st 222 E. 21 Street Cheyenne, Wyoming
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
Case 1:09-cv-00259-SPM-AK Document 1 Filed 12/17/09 Page 1 of 31 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA CARIBBEAN CONSERVATION CORPORATION; CENTER FOR BIOLOGICAL DIVERSITY;
More information- M. caco. 13. O~( IG't~ A l. lui3 JAN -8 A q: 3S. Catherine Kilduff (CA Bar No )
Catherine Kilduff (CA Bar No. 1) 1 Miyoko Sakashita (CA Bar No. ) Jacl.yn Lopez (CA Bar No. ) CENTER FOR BIOLOGICAL DIVERSITY 1 California Street, Suite 00 San Francisco, CA II Phone: (1) - Facsimile:
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION. CIVIL ACTION NO.: 4:14-cv-138
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION CIVIL ACTION NO.: 4:14-cv-138 NORTH CAROLINA FISHERIES ) ASSOCIATION, INC.; and ) CARTERET COUNTY FISHERMAN
More informationVia U.S. Mail and Electronic Mail
Caribbean Conservation Corporation Center for Biological Diversity Defenders of Wildlife Earthjustice Gulf Restoration Network Turtle Island Restoration Network Via U.S. Mail and Electronic Mail Honorable
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION NO. 2:15-CV-42-BO ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION NO. 2:15-CV-42-BO RED WOLF COALITION, DEFENDERS OF WILDLIFE, and ANIMAL WELFARE INSTITUTE, v. Plaintiffs,
More informationJuly 9, BY ELECTRONIC MAIL Submitted via
BY ELECTRONIC MAIL Submitted via http://www.regulations.gov Michael Barnette Attn: 0648-BC10 Southeast Regional Office National Marine Fisheries Service 263 13 th Ave South St. Petersburg, FL 33701 Dear
More informationSteps Towards a Blanding s Turtle Recovery Plan in Illinois: status assessment and management
Steps Towards a Blanding s Turtle Recovery Plan in Illinois: status assessment and management Daniel R. Ludwig, Illinois Department of Natural Resources 1855 - abundant 1922 - common in Chicago area 1937
More informationSTATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION The Fairways at Emerald Greens Condominium
More informationOregon Wolf Management Oregon Department of Fish and Wildlife, January 2016
Oregon Wolf Management Oregon Department of Fish and Wildlife, January 2016 Oregon Wolf Conservation and Management Plan Wolves in Oregon are managed under the Oregon Wolf Conservation and Management Plan
More informationDecember 17, The Center for Biological Diversity ( Center ) is a non-profit environmental organization dedicated to the
Public Comments Processing Attn: FWS-HQ-ES-2013-0073 Division of Policy and Directive Management United States Fish and Wildlife Service 4401 N. Fairfax Drive Arlington, VA 22203 December 17, 2013 Re:
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS THE CITIES OF JACKSONVILLE, LONOKE NORTH LITTLE ROCK AND BEEBE, ARKANSAS
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS ROADS, INC., RICHARD VENABLE, DARIUS SIMS, MIKE KIERRY and PHILLIP MCCORMICK PLAINTIFFS VS. NO. THE CITIES OF JACKSONVILLE, LONOKE
More informationDredging Impacts on Sea Turtles in the Southeastern USA Background Southeastern USA Sea Turtles Endangered Species Act Effects of Dredging on Sea Turt
An Update on Dredging Impacts on Sea Turtles in the Southeastern t USA A Historical Review of Protection and An Introduction to the USACE Sea Turtle Data Warehouse D. Dickerson U.S. Army Corps of Engineers
More informationSTATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION WIMBLEDON AT JACARANDA CONDOMINIUM NO.1,
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed November 30, 2016. Not final until disposition of timely filed motion for rehearing. Nos. 3D16-314 & 3D15-2609 Lower Tribunal No. 13-18732
More informationVia Electronic Submittal
Shore Protection Manager Greg L. Rudolph Tel: (252) 393.2663 Fax: (252) 393.6639 rudi@carteretcountygov.org May 22, 2013 Via Electronic Submittal Public Comments Processing, Attn: FWS-R4-ES-2012-0103 Division
More informationA Conversation with Mike Phillips
A Conversation with Mike Phillips Clockwise from top: Lynn Rogers, Evelyn Mercer, Kevin Loader, Jackie Fallon 4 Fall 2011 www.wolf.org Editor s Note: Tom Myrick, communications director for the International
More informationRequired and Recommended Supporting Information for IUCN Red List Assessments
Required and Recommended Supporting Information for IUCN Red List Assessments This is Annex 1 of the Rules of Procedure for IUCN Red List Assessments 2017 2020 as approved by the IUCN SSC Steering Committee
More informationRocky Mountain Wolf Recovery 2010 Interagency Annual Report
Rocky Mountain Wolf Recovery 2010 Interagency Annual Report A cooperative effort by the U.S. Fish and Wildlife Service, Montana Fish, Wildlife & Parks, Nez Perce Tribe, National Park Service, Blackfeet
More informationRE: IOU and Industry Coalition Comments on Draft Regulations for Fish and Game Code Sections 3503/3503.5, Nesting Birds
March 19, 2014 Kevin Hunting California Department of Fish and Wildlife 1416 9 th Street Sacramento, CA 95814 RE: IOU and Industry Coalition Comments on Draft Regulations for Fish and Game Code Sections
More informationMay 22, Secretary Sally Jewell Department of Interior 1849 C Street NW Washington, DC 20240
May 22, 2013 Secretary Sally Jewell Department of Interior 1849 C Street NW Washington, DC 20240 cc: Dan Ashe, Director U.S. Fish and Wildlife Service 1849 C Street NW Washington, DC 20240 Dear Secretary
More informationSTATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION SUNRISE LANDING CONDOMINIUM ASSOCIATION
More informationCriteria for Selecting Species of Greatest Conservation Need
Criteria for Selecting Species of Greatest Conservation Need To develop New Jersey's list of Species of Greatest Conservation Need (SGCN), all of the state's indigenous wildlife species were evaluated
More informationSTATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION CAMELOT TWO CONDOMINIUM ASSOCIATION, INC.,
More informationRuppell s Griffon Vulture
Species Status IUCN: Critically Endangered ESA Status: Not Listed CITES: Appendix II TAG: Raptor TAG AZA SSP DESIGNATION: Yellow GEOGRAPHIC REGION: Africa BIOME: Savanna EXHIBIT DESIGN AND MANAGEMENT HUSBANDRY
More informationNo. 10cv00416 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
No. 10cv00416 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT QUINTON RICHARDSON, Plaintiff/Appellant, v. CITY OF WINTHROP, MASSACHUSETTS, Defendant/Appellee Appeal of the grant of summary judgment
More informationCALIFORNIA EGG LAWS & REGULATIONS: BACKGROUND INFORMATION
CALIFORNIA EGG LAWS & REGULATIONS: BACKGROUND INFORMATION On November 4, 2008, California voters passed Proposition 2, which changes the way many hens in egg production are housed today. California passed
More informationFourth Court of Appeals San Antonio, Texas
Fourth Court of Appeals San Antonio, Texas OPINION No. Terrence MOUTON, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 14, Bexar County, Texas Trial Court No. 416377 Honorable
More information2017 VT 88. No Gill Terrace Retirement Apartments, Inc. On Appeal from v. Superior Court, Windsor Unit, Civil Division
NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions
More informationBy Electronic Submittal and Overnight Mail. November 28, 2008
NATURAL RESOURCES DEFENSE COUNCIL By Electronic Submittal and Overnight Mail November 28, 2008 Public Comment Processing Attention: RIN 1018-AW37 Division of Policy and Directives Management U.S. Fish
More informationVote NO on Proposed Legislation HR 843 and HR 884. Endangered Species Act
Vote NO on Proposed Legislation HR 843 and HR 884 or any legislation that removes federal protections for wolves or weakens the Endangered Species Act Louise Kane, JD Jonathan Way, PhD 1 Table of Contents
More information110th CONGRESS 1st Session H. R. 1464
HR 1464 IH 110th CONGRESS 1st Session H. R. 1464 To assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of nations within
More informationCivil Action No. 10cv00416 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT QUINTON RICHARDSON, CITY OF WINTHROP, MASSACHUSETTS,
Civil Action No. 10cv00416 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT QUINTON RICHARDSON, Plaintiff/Appellant v. CITY OF WINTHROP, MASSACHUSETTS, Defendant/Appellee APPEAL FROM THE UNITED STATES
More informationWolf Recovery in Yellowstone: Park Visitor Attitudes, Expenditures, and Economic Impacts
Wolf Recovery in Yellowstone: Park Visitor Attitudes, Expenditures, and Economic Impacts John W. Duffield, Chris J. Neher, and David A. Patterson Introduction IN 1995, THE U.S. FISH AND WILDLIFE SERVICE
More informationAMERICAN BAR ASSOCIATION TORT TRIAL AND INSURANCE PRACTICE SECTION REPORT TO THE HOUSE OF DELEGATES RECOMMENDATION
AMERICAN BAR ASSOCIATION TORT TRIAL AND INSURANCE PRACTICE SECTION REPORT TO THE HOUSE OF DELEGATES RECOMMENDATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLVED, That the American
More informationGopher Tortoise Minimum Viable Population and Minimum Reserve Size Working Group Report
Gopher Tortoise Minimum Viable Population and Minimum Reserve Size Working Group Report Prepared by: The Gopher Tortoise Council 24 July 2013 A workshop was held on 13-14 March 2013, to define the minimum
More informationLecture 15. Biology 5865 Conservation Biology. Ex-Situ Conservation
Lecture 15 Biology 5865 Conservation Biology Ex-Situ Conservation Exam 2 Review Concentration on Chapters 6-12 & 14 but not Chapter 13 (Establishing New Populations) Applied Population Biology Chapter
More informationCalifornia Department of Fish and Wildlife. California Part 1. December 2015
California Department of Fish and Wildlife Draft Conservation Plan for Gray Wolves in California Part 1 Charlton H. Bonham, Director Cover photograph by Gary Kramer California Department of Fish and Wildlife,
More information1 SB By Senators Livingston and Scofield. 4 RFD: Agriculture, Conservation, and Forestry. 5 First Read: 25-JAN-18.
1 SB232 2 191591-3 3 By Senators Livingston and Scofield 4 RFD: Agriculture, Conservation, and Forestry 5 First Read: 25-JAN-18 Page 0 1 SB232 2 3 4 ENROLLED, An Act, 5 Relating to dogs; to create Emily's
More information6.04 LICENSING AND REGISTRATION OF DOGS AND CATS
TITLE 6 - ANIMALS 6.04 LICENSING AND REGISTRATION OF DOGS AND CATS Contents: 6.04.010 License Fee. 6.04.020 Penalty for Overdue License Fee. 6.04.030 Registration - Tags. 6.04.035 Violation of 6.04.030
More informationCase 4:16-cv Document 1 Filed in TXSD on 11/18/16 Page 1 of 11
Case 4:16-cv-03415 Document 1 Filed in TXSD on 11/18/16 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION HESS CORPORATION Plaintiff, Case No. v. SCHLUMBERGER
More informationChapter 14 Pet Policy
Chapter 14 Pet Policy The Pet Policy establishes guidelines governing the keeping of common household pets in federally-assisted rental housing. A common household pet includes domesticated animals such
More informationSent via certified mail and electronic mail
Sent via certified mail and electronic mail May 31, 2011 Honorable Gary Locke Secretary of Commerce U.S. Department of Commerce 1401 Constitution Avenue, N.W., Rm 5516 Washington, D.C. 20230 TheSec@doc.gov
More informationUNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-1064 DAVID ROYAL LEE, v. Plaintiff Appellant, FORT MILL, TOWN OF; POLICE OFFICER ROBERT GIGLIO, officially and individual; POLICE
More informationIN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON August 24, 2009 Session
IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON August 24, 2009 Session ARNOLD LYNN BOMAR v. HART & COOLEY FLEX DIVISION ET AL. Direct Appeal from the Chancery Court
More informationRe: Supplement to the Record for the 90-Day Finding for the Caribbean Electric Ray (Narcine bancroftii)
October 30, 2013 Angela Somma, Chief U.S. Department of Commerce National Oceanic and Atmospheric Administration Endangered Species Division 1315 East-West Highway, Rm. 13552 Silver Spring, Maryland 20910
More informationCAUSE NO. D-1-DC-11-''''''''''' STATE OF TEXAS IN THE 147th JUDICIAL. v. DISTRICT COURT OF
CAUSE NO. D-1-DC-11-''''''''''' STATE OF TEXAS IN THE 147th JUDICIAL v. DISTRICT COURT OF '''''''''''''''''''' ''''''''''''''''''' TRAVIS COUNTY, TEXAS BRIEF IN SUPPORT OF MOTION TO SUPPRESS EVIDENCE TO
More informationWolf Reintroduction Scenarios Pro and Con Chart
Wolf Reintroduction Scenarios Pro and Con Chart Scenarios Pro Con Scenario 1: Reintroduction of experimental populations of wolves The designation experimental wolves gives the people who manage wolf populations
More informationBILL NO. ORDINANCE NO.
SUMMARY: An ordinance amending Washoe County Code Chapter 55 by vacating the animal control board; and by amending provisions related to a variance permit to keep more than three dogs and/or seven cats
More informationMay Dear Blunt-nosed Leopard Lizard Surveyor,
May 2004 Dear Blunt-nosed Leopard Lizard Surveyor, Attached is the revised survey methodology for the blunt-nosed leopard lizard (Gambelia sila). The protocol was developed by the San Joaquin Valley Southern
More informationOregon Wolf Conservation and Management 2014 Annual Report
Oregon Wolf Conservation and Management 2014 Annual Report This report to the Oregon Fish and Wildlife Commission presents information on the status, distribution, and management of wolves in the State
More informationSouthern Shrimp Alliance P.O. Box 1577 Tarpon Springs, FL E. MLK Dr. Suite D Tarpon Springs, FL Fax
Dr. Roy Crabtree Regional Administrator Dr. Michael Barnette Fishery Biologist National Marine Fisheries Service Southeast Fisheries Regional Office 263 13 th Avenue South St. Petersburg, FL 33701 Southern
More informationCOSSARO Candidate Species at Risk Evaluation. for. Hine's Emerald (Somatochlora hineana)
COSSARO Candidate Species at Risk Evaluation for Hine's Emerald (Somatochlora hineana) Committee on the Status of Species at Risk in Ontario (COSSARO) Assessed by COSSARO as ENDANGERED June 2011 Final
More informationThe "Wholly Separate" Truth: Did the Yellowstone Wolf Reintroduction Violate Section 10(J) of the Endangered Species Act?
Boston College Environmental Affairs Law Review Volume 27 Issue 3 Article 4 1-1-2000 The "Wholly Separate" Truth: Did the Yellowstone Wolf Reintroduction Violate Section 10(J) of the Endangered Species
More information[Docket No. FWS-R2-ES ; FXES FF09E42000] Endangered and Threatened Wildlife and Plants; Revision to the Regulations for
Billing Code: 4310-55 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R2-ES-2013-0056; FXES11130900000-156 FF09E42000] RIN 1018-AY46 Endangered and Threatened Wildlife
More informationGAO Earned Value Management (EVM) Audit Findings
GAO Earned Value Management (EVM) Audit Findings Based on Best Practices for EVM in the GAO Cost Estimating and Assessment Guide Karen Richey December 2012 EVM is an Important Management Decision Support
More informationCOMPOUNDING REGULATORY PERSPECTIVE
COMPOUNDING REGULATORY PERSPECTIVE Janice Steinschneider Supervisory Regulatory Counsel Office of Surveillance & Compliance FDA/Center for Veterinary Medicine USP Veterinary Drugs Stakeholder Forum November
More informationKachenkov v Vadala 2013 NY Slip Op 30971(U) May 3, 2013 Sup Ct, Queens County Docket Number: 12736/11 Judge: Bernice Daun Siegal Republished from New
Kachenkov v Vadala 2013 NY Slip Op 30971(U) May 3, 2013 Sup Ct, Queens County Docket Number: 12736/11 Judge: Bernice Daun Siegal Republished from New York State Unified Court System's E-Courts Service.
More informationStriped Skunk Updated: April 8, 2018
Striped Skunk Updated: April 8, 2018 Interpretation Guide Status Danger Threats Population Distribution Habitat Diet Size Longevity Social Family Units Reproduction Our Animals Scientific Name Least Concern
More information1. Introduction Exclusions Title Commencement Interpretation Definitions... 4
Contents 1. Introduction... 3 2. Exclusions... 3 3. Title... 3 4. Commencement... 3 5. Interpretation... 4 5.1 Definitions... 4 6. Penalties and recovery of costs... 4 7. Bylaw clauses... 4 7.1 Keeping
More informationCase 1:18-cv Document 1 Filed 05/15/18 Page 1 of 41 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:18-cv-01137 Document 1 Filed 05/15/18 Page 1 of 41 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. Plaintiff, v. SONNY PERDUE, in his
More informationShelter & Rescue Regulations Survey Results
Shelter & Rescue Regulations Survey Results Sponsored by Massachusetts Animal Coalition Presented at the MAC Annual Meeting September 2007 Generously Supported by Boston Research Group Agenda Survey Objectives
More informationArgued May 9, 2017 Decided September 5, Before Judges Messano and Espinosa.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding
More informationBailey, Vernon The mammals and life zones of Oregon. North American Fauna pp.
E. Literature Cited Bailey, Vernon. 1936. The mammals and life zones of Oregon. North American Fauna 55. 416 pp. Boitani, L. 2003. Wolf Conservation and Recovery. In: Wolves, Behavior, Ecology, and Conservation.
More informationUNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Defendants. INTRODUCTION
CASE 0:17-cv-04496-JNE-HB Document 1 Filed 09/29/17 Page 1 of 15 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Animal Legal Defense Fund; and Lockwood Animal Rescue Center Case No. 17-cv-4496 v. Plaintiffs,
More informationJune 21, 2014 David Whittekiend Uinta-Wasatch-Cache National Forest Supervisor 857 West South Jordan Parkway South Jordan, UT 84095
June 21, 2014 David Whittekiend Uinta-Wasatch-Cache National Forest Supervisor 857 West South Jordan Parkway South Jordan, UT 84095 Dear Mr. Whittekiend, Comments on Forest Service High Uintas Domestic
More informationSTATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION STONE S THROW CONDOMINIUM ASSOCIATION,
More informationIN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
ELECTRONICALLY FILED 7/30/2013 10:23 AM 01-CV-2013-903036.00 CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA ANNE-MARIE ADAMS, CLERK IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA STEPHEN SCHREINER and )
More informationTitle 6. Animals* Chapters: 6.05 Dangerous Dogs 6-1. * For nuisance provisions regarding animals, see LMC , , and
Title 6 Animals* Chapters: 6.05 Dangerous Dogs * For nuisance provisions regarding animals, see LMC 8.10.040, 8.10.050, and 8.10.180. 6-1 Lyons Municipal Code 6.05.020 Chapter 6.05 Dangerous Dogs Sections:
More informationA Slithering Success Story
A Slithering Success Story by Kristin Stanford, Ph.D. The Lake Erie watersnake, a harmless, non-venomous snake once threatened with extinction, has recovered to the point where Endangered Species Act protection
More informationA Concept Paper for a New Direction for the Bovine Brucellosis Program Animal and Plant Health Inspection Service Veterinary Services
A Concept Paper for a New Direction for the Bovine Brucellosis Program Animal and Plant Health Inspection Service Veterinary Services Executive Summary Bovine brucellosis is a serious disease of livestock
More informationFDA/CVM Div. of Compliance
Deborah A. Cera Division of Compliance Center for Veterinary Medicine, FDA This Compliance program contains Center instructions to Field investigators on how to conduct inspections to follow up violative
More informationReferred to Joint Committee on Municipalities and Regional Government
HEARING 6/4/13 11am State House Rm 437 & 1pm State House Rm A2 SUPPORT SB1103 An Act Relative to Protecting Puppies & Kittens [Sen. Spilka (D)] SUPPORT HB1826 An Act Relative to Protecting Puppies & Kittens
More informationLegal Supplement Part B Vol. 53, No th March, NOTICE THE ENVIRONMENTALLY SENSITIVE SPECIES (OLIVE RIDLEY TURTLE) NOTICE, 2014
Legal Supplement Part B Vol. 53, No. 37 28th March, 2014 227 LEGAL NOTICE NO. 92 REPUBLIC OF TRINIDAD AND TOBAGO THE ENVIRONMENTAL MANAGEMENT ACT, CHAP. 35:05 NOTICE MADE BY THE ENVIRONMENTAL MANAGEMENT
More informationUnited States Court of Appeals for the Federal Circuit
NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit LUCKY LITTER LLC, Appellant, AND OURPET S COMPANY, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee,
More informationORDINANCE NO. 14,951
ORDINANCE NO. 14,951 AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, and amended by Ordinance No. 13,854 passed August
More informationENTRY ORDER SUPREME COURT DOCKET NO NOVEMBER TERM, 2015
Note: Decisions of a three-justice panel are not to be considered as precedent before any tribunal. ENTRY ORDER SUPREME COURT DOCKET NO. 2015-205 NOVEMBER TERM, 2015 In re Gregory Hovey Act 250 Permit
More informationBrucellosis and Yellowstone Bison
Brucellosis and Yellowstone Bison Overview Brucellosis has caused devastating losses to farmers in the United States over the last century. It has cost the Federal Government, the States, and the livestock
More informationCase 2:10-cv KDE-DEK Document 1 Filed 06/30/10 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
Case 2:10-cv-01866-KDE-DEK Document 1 Filed 06/30/10 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA ANIMAL WELFARE INSTITUTE 900 Pennsylvania Ave., SE Washington, DC 20009,
More informationGuidelines for the Use of Nonhuman Animals in Behavioral Projects in Schools (K-12)
Guidelines for the Use of Nonhuman Animals in Behavioral Projects in Schools (K-12) Introduction Every day, some new scientific discovery helps us better understand how and why we humans, as well as other
More informationFIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA No. 1D17-1481 DEBORAH DAVISON, Appellant, v. REBECCA BERG, Appellee. On appeal from the Circuit Court for Nassau County. Steven M. Fahlgren, Judge. March
More informationCommercial Pink Shrimp Fishery Management
Commercial Pink Shrimp Fishery Management Exhibit F January 19 th, 2018 Scott Groth, Pink shrimp project leader Marine Resources Program 1 Why are we here? Issue 1: Proposed adoption of a Fishery Management
More informationDefusing the Bug Bomb: Legal Strategies to Combat Antibiotic Resistant Infections
Journal of Health Care Law and Policy Volume 18 Issue 1 Article 5 Defusing the Bug Bomb: Legal Strategies to Combat Antibiotic Resistant Infections Andrew Geltman Follow this and additional works at: http://digitalcommons.law.umaryland.edu/jhclp
More informationDepartment of Health and Mental Hygiene. Board of Health
Department of Health and Mental Hygiene Board of Health Notice of Adoption (#1) of Amendments to Articles 11 and 161 of the New York City Health Code In compliance with 1043(b) of the New York City Charter
More informationARTICLE FIVE -- ANIMAL CONTROL
[Article Five was extensively revised by Ordinance 15-11-012L, effective January 1, 2016] ARTICLE FIVE -- ANIMAL CONTROL DIVISION ONE GENERAL PROVISIONS SECTION 05.01.010 PURPOSE This Article shall be
More informationINTRODUCTION PROGRAM OF VETERINARY CARE
The attached table juxtaposes quotes from the federal government s April 2004 Report on Investigation of Allegations of Noncompliance With the Public Health Service Policy on Humane Care and Use of Laboratory
More informationEradication of Johne's disease from a heavily infected herd in 12 months
Eradication of Johne's disease from a heavily infected herd in 12 months M.T. Collins and E.J.B. Manning School of Veterinary Medicine University of Wisconsin-Madison Presented at the 1998 annual meeting
More informationBEFORE THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF COMMERCE
BEFORE THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF COMMERCE Petition to Designate Critical Habitat for the Endangered Kemp s Ridley Sea Turtle (Lepidochelys kempii) Photo: National Park Service
More informationElk Brucellosis Surveillance and Reproductive History
2013-14 Elk Brucellosis Surveillance and Reproductive History Neil Anderson, Montana Fish, Wildlife and Parks, 1400 South 19 th Ave., Bozeman, MT 59718. Kelly Proffitt, Montana Fish, Wildlife and Parks,
More informationCHAPTER 604 TOWN OF SCARBOROUGH ANIMAL CONTROL ORDINANCE
CHAPTER 604 TOWN OF SCARBOROUGH ANIMAL CONTROL ORDINANCE Adopted 02/16/2000 Amended 05/19/2004 Amended 04/20/2011 Amended 05/07/2014 604-1 Purpose... 1 604-2 Definitions... 1 1. ABANDONED ANIMAL:... 1
More informationCourt of Appeals of Ohio
[Cite as Courtyards of Crystal lake Homeowners Assn. v. Bradesca, 2008-Ohio-6157.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 90966 COURTYARDS OF
More informationSAV It s What s for Dinner
Teacher Background: SAV It s What s for Dinner Submerged aquatic vegetation is important to the Bay ecosystem for a number of reasons. The roots, rhizomes and stolons help reduce erosion and provide shelter
More informationORDER AND JUDGMENT * Before McCONNELL, McKAY, and GORSUCH, Circuit Judges. Leonard George Page, known as Georgie, was charged by indictment
FILED United States Court of Appeals Tenth Circuit March 23, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker FOR THE TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, v. Plaintiff-Appellee,
More informationNorthern California/Southwestern Oregon Gray Wolf Designated Population Segment
Northern California/Southwestern Oregon Gray Wolf Designated Population Segment By Certified Mail 30 April 2001 U. S. FISH AND WILDLIFE SERVICE UNITED STATES DEPARTMENT OF THE INTERIOR Defenders of Wildlife
More information