USARK constrictor lawsuit update

Originally Posted by kevinscaesar

Let me get this straight,this ruling only benefits USARK members. so that means that the rest of us are left out in the cold? how is fighting for reptile rights boiled down to membership in an organization? true,i'm glad you won the battle,but that was for you and your members.i dare say that among herp keepers the vast majority are not usark members. so the battle was not for reptile nation(unless these is a code word for usark)this was a victory for a select few. if i'm wrong please explain why.

It has nothing to do with a win, it is about losing.

If they get the injection with too broad of language, it is easily appealed. The USFWS argues that they are allowing people that don't care enough to sue or not effect into the ruling.

The narrower the injection, the less likely it will be appealed. And if it is appealed, the less likely it is to be overturned.

It saves money. The less they have to fight the appeals, the less money spent.

It comes down to it, it is a smart way to keep a victory and save money.

The people that are not in USARK loses nothing. The USFWS gains zero ability to stall and waste money.

This is a preliminary injunction. It temporarily gives those listed (plaintiffs and USARK members) the right to move their animals. If USARK prevails in the lawsuit, at that point it will apply to everyone.

thank you for clearing it up for me,i do appreciate it.

Originally Posted by Herps Alive!

This is a preliminary injunction. It temporarily gives those listed (plaintiffs and USARK members) the right to move their animals. If USARK prevails in the lawsuit, at that point it will apply to everyone.

how long will that take? i read something about on june 3 (2 days away) plaintiffs & ARCHers can transport the injucted species freely between states *except* into FL & TX if i read correctly; but any idea of the timeframe USARK will know if it prevails or fails in the lawsuit?

not that i'm into these snakes, but it soulds liberating that if the lawsuit is won, everyone with any interest in these species in captivity benefits (and hopefully those species too also benefit in some way).

The lawsuit (which also includes the originally listed species - Rocks,Brums, etc) could be a couple years down the road. Our hope is that the constant pressure (and continual wins in court) will wear down FWS. But they have unlimited . We don't. The additional listing of retics, et al (in my opinion) delays the eventual case, imo. I have a great deal of confidence in USARK's current attorney, but we need to be patient, as much as that hurts to say.

Originally Posted by Herps Alive!

The lawsuit (which also includes the originally listed species - Rocks,Brums, etc) could be a couple years down the road. Our hope is that the constant pressure (and continual wins in court) will wear down FWS. But they have unlimited . We don't. The additional listing of retics, et al (in my opinion) delays the eventual case, imo. I have a great deal of confidence in USARK's current attorney, but we need to be patient, as much as that hurts to say.

While true in most federal cases the government stalls, requests more time to file a response, and racks up legal bills to wear down the individual plaintiffs, I don't believe USFWS will want to do that in this particular instance. Remember that the longer the case drags out, the longer the injunction remains in place. USFWS wants the rule on retics and anacondas implemented now, not years from now.

That said, all cases do take time to process, and even if this one moves right along with minimal delays, we could be looking at a couple of years for it to work its way through the system.

I agree with most of your comments, but the Burm issues is really the bigger one and continued stalling by USFWS keeps that ban in place, while a ruling on the lawsuit may not. We will find out soon enough, but I cannot say enough about the work Rick Stanley and company have been doing.