LEGAL AFFAIRS
     

ASIAN ELEPHANTS – Endangered Species Act

     
American Society for the Prevention of Cruelty to Animals, et al. v. Ringling Brothers and Barnum & Bailey Circus, et al.

Nature of Case: Claims are for the mistreatment of the Asian elephants, including the use of bull hooks on elephants and prolonged chaining of the elephants as violations of the Endangered Species Act.

     
Court: U.S. District Court for the District of Columbia
     
Year Filed: 2003
     
Plaintiff(s): (1) American Society for the Prevention of Cruelty to Animals (2) Animal Welfare Institute (3) The Fund for Animals (4) Animal Protection Institute (5) Tom Rider
     
Defendant(s): (1) Ringling Brothers and Barnum & Bailey Circus (2) Feld Entertainment, Inc.
     
AWI Counsel: Tracy Silverman, Esq.
     
Outside Counsel: Katherine Meyer, Esq. of Meyer Glitzenstein & Crystal
     
Status: May 21, 2008- Plaintiffs filed a Motion for Preliminary Injunction.
May 22, 2008- Emergency status hearing held.
May 23, 2008- Judge issued Order directing parties to submit proposed schedules for a trial to be held in October.
June 6, 2008- Proposed trial schedule submission deadline.
June 11, 2008- Status hearing scheduled.
     
Additional Information: http://www.awionline.org/wildlife/elephants/rbsuit.htm
     

     
CANADA LYNX – Endangered Species Act
     
Animal Welfare Institute, et al. v. Martin

Nature of Case:  The Plaintiffs are seeking declaratory and injunctive relief to protect Canada lynx from being caught in body-gripping traps used as part of the trapping program for other species as authorized and administered by the Maine Department of Inland Fisheries and Wildlife. 

     
Court: U.S. District Court for the District of Maine
     
Year Filed: 2008
     
Plaintiff(s): (1) Animal Welfare Institute (2) Wildlife Alliance of Maine
     
Defendant(s): (1) Roland D. Martin, in his capacity as Commissioner of the Maine Department of Inland Fisheries and Wildlife
     
AWI Counsel: Tracy Silverman, Esq.
     
Outside Counsel: Judith Brawer, Esq. and Lynn Williams, Esq.
     
Status: August 11, 2008- Complaint filed
     
Additional Information: http://www.awionline.org/news/2008/lynx_lawsuit_me.htm
     

     
EQUINES – Horse Slaughter Prevention
     
Cavel International, Inc., et al. v. Madigan

Nature of Case: Following the implementation of an Illinois law banning horse slaughter within the State, Cavel International, Inc. and eleven of its employees filed suit in U.S. District Court challenging the existing law. The US District Court and U.S. Court of Appeals for the Seventh Circuit have upheld the State law.

     
Court: U.S. District Court for the Northern District of Illinois, U.S. Court of Appeals for the Seventh Circuit
     
Year Filed: 2007
     
Plaintiff(s): (1) Cavel International, Inc.; (2) James D. Tucker; (3) Randy Beasley; (4) Angela Fabris; (5) Ruben Gonzales; (6) Brad D. Melville; (7) Amparo Milan; (8) Raul Milan; (9) Raul Escutia Milan; (10) Roberto Resendiz; (11) Ron Warner; (12) Isaac Zamora
     
Defendant(s): (1) Lisa Madigan, Illinois Attorney General; (2) Ron Matekaitis, States Attorney for DeKalb County, Illinois; (3) Charles A. Hartke, Director of Illinois Department of Agriculture
     
AWI Counsel: Tracy Silverman, Esq.
   
Outside Counsel: Michele L. Walter, Esq. and Mary Beth Bosco, Esq. of Patton Boggs, LLP
     
AWI Action: AWI filed and was granted amicus curiae. AWI filed briefs in both the U.S. District Court and U.S. Court of Appeals, and provided testimony before the U.S. District Court.
     
Status: June 16, 2008 - Writ of certiorari filed by Plaintiffs denied by the Supreme Court of the United States.
     
Additional Information: http://www.awionline.org/legislation/horse_slaughter/
     
     

The Humane Society of the US, et al. v. Cavel International, Inc., et al.

Nature of Case:   In February 2006, President Bush signed legislation as part of an omnibus appropriations bill, preventing the U.S. Department of Agriculture (USDA) from spending funds to pay federally required USDA inspectors at the three remaining U.S. based horse slaughter facilities. The USDA immediately issued a policy permitting the horse slaughter facilities to reimburse the USDA for necessary inspectors thereby circumventing U.S. law and Congressional intent. AWI along with other humane organizations and individuals challenged this action and the U.S. District Court for the District of Columbia sided with the plaintiffs. Cavel International, Inc. appealed, but (due to the passage of an Illinois law banning horse slaughter within the state) Cavel, International, Inc. has since gone out of business rendering its appeal moot.

     
Court: U.S. District Court for the District of Columbia
U.S. Court of Appeals for the District of Columbia Circuit
     
Year Filed: 2006
     
Plaintiff(s): (1) The Humane Society of the United States; (2) Animal Welfare Institute; (3) The Fund for Animals; (4) Society for Animal Protective Legislation; (5) Doris Day Animal League; (6) American Society for the Prevention of Cruelty to Animals; (7) American Humane Association; (8) Robert Eldridge; (9) Gail Vacca; (10) Juanita Smith; (11) Judy Taylor; (12) Tonja Runnels; (13) Yolanda Salazar; (14) Margarita Garcia; (15) Javier Zuniga
     
Defendant(s): (1) Cavel International, Inc.; (2) Michael Johanns, Secretary, U.S. Department of Agriculture; (3) Barbara J. Masters, Administrator, Food Safety and Inspection Service
     
Outside Counsel: Eric Glitzenstein, Esq. of Meyer Glitzenstein and Crystal
     
Additional Information: http://www.awionline.org/legislation/horse_slaughter/
     

     
MARINE MAMMALS – Navy Sonar Use
     
Ocean Mammal Institute, , et. al. v. Secretary of Defense, Secretary of the Navy, Secretary of Commerce

Nature of Case: Suit filed for contravention of National Environmental Protection Act, Coastal Zone Management Act, National Marine Sanctuaries Act and Endangered Species Act relating to the Navy’s planned Undersea Warfare Exercises using mid-frequency active sonar in Hawaiian waters during 2007-8.

     
Court: U.S. District Court for the District of Hawaii
     
Filed: 2007
     
Plaintiff(s): (1) Ocean Mammal Institute; (2) Animal Welfare Institute; (3) Kahea, Center for Biological Diversity; (4) Surfrider Foundation Kauai Chapter
     
Defendant(s): (1) Secretary of Defense; (2) Secretary of the Navy; (3) Secretary of Commerce; (4) Director of National Marine Fisheries Service
     
Outside Counsel: Paul Achitoff, Esq. of Earthjustice, Honolulu
     
Status: Plaintiffs’ motion for preliminary injunctive relief over a March 2008 exercise has been granted in part. Defendants filed a motion to modify the preliminary injunction and a request for tailored coastal exclusion zone. Plaintiffs have filed an opposition to the motion.
     
Additional Information: http://www.awionline.org/oceans/Noise