Wow it's been a year since the last post. In that time the Lacy list went through the process to include the other constrictor species, except boas, on the list. As a result USARK has amended its complaint in the case, and the following is today's USARK update and is a great synopsis of what has happened in the past few weeks for those who haven't been able to keep up:
Lawsuit Update (read it here or at
http://www.usark.org/2015-blog/lawsu...wsletter-4115/)
USARK has been diligently working on several aspects of our lawsuit regarding the injurious listing of eight species of constrictor snakes under the Lacey Act. As posted earlier, USARK sent a letter to FWS on March 16 requesting an extension of the effective date for the latest listing, which includes Reticulated pythons and Green anacondas. The Reptile Nation was only given 30 days from the federal register publishing of the finalized rule on March 10 before FWS enforces import and interstate transportation bans of the newly-listed species.
We received a response from FWS denying this extension request yesterday (3/31/15). This was expected and USARK has not simply been waiting around hoping FWS would grant an extension. In their response, FWS showed complete disregard for the majority of our letter.
Since we were expecting biased rejection from FWS, our preliminary injunction (PI) simply needed a quick edit to include mention of this denial letter. The PI was filed today (4/1/15) along with a motion for a temporary restraining order (TRO) and proposed order to be signed by Judge Moss granting the TRO and motion for relief (or PI). The TRO will expedite the process. Judge Moss has already scheduled a conference with the attorneys to set a schedule for briefing the motion.
It would be an understatement to say the USARK complaint and motion for relief are strong. The Reptile Nation could not have a better case or team working on this lawsuit.
USARK has continued to build this case after filing our complaint in late 2013. This followed a document sent to FWS Director Dan Ashe and presented personally by USARK President Phil Goss and the USARK D.C. team to senior staff from the Department of the Interior (DOI) and FWS earlier in 2013. Among many other aspects, this document highlighted faults with the agency's compliance with regulatory procedures and an overall lack of reasoned analysis.
Members of the Reptile Nation received validation of USARK's intention and competence to proceed with a lawsuit, if needed, in a newsletter following this 2013 meeting with the DOI and FWS:
"We oppose the listing of any of the remaining species and are committed to fighting any such restrictions with all of the resources at our disposal. Our legal case is strong and we fully intend to fight for the rights of our members to protect their freedom to engage in their passion." - USARK President Phil Goss (2013)
The strength of our case far surpasses impressive. USARK has worked tirelessly to build this formidable suit. The Reptile Nation can stand proudly and USARK appreciates your continued support.
Links to documents:
FWS Denial Letter:
http://www.usark.org/wp-content/uplo...al-3.31.15.pdf
USARK Preliminary Injunction:
http://www.usark.org/…/USARK_M..._PI-4.1…
USARK TRO:
http://www.usark.org/…/Motion-...view-4.…
USARK Proposed Order:
http://www.usark.org/wp-content/R...der-4.1.15.pdf