Next Friday, 4/1/16, a three-judge panel will hear oral arguments on the USFWS motion to appeal the preliminary injunction against interstate transport of the five snake species that were added to the Lacey Act. There is a small update from USARK on the case.
Last Tuesday 3/22/16 those judges issued an order to HSUS and CBD requiring them to explain (show cause) why their briefs should not be treated as amici curiae briefs. USFWS filed a notice of appeal of USARK's preliminary injunction, but HSUS/CBD did not, nor did they motion to intervene in the appeal. Thus, the appellate judges are suggesting that the failure of HSUS/CBD to follow the procedure to file a notice of appeal or motion to intervene at the appellate level leaves them in the same position as anyone else who would desire to file a brief with the court.
One obvious difference is that an amici curiae would not be allowed to appeal (file a write for cert to the Supreme Court) a decision favorable to USARK by the appellate court. Thus, HSUS/CBD could be denied the right to appeal along with other rights of actual parties to an appeal.
The HSUS/CBD filing is due on Monday 3/28/16. This would not change the status of HSUS/CBD as intervenors when this case goes back to the Federal District Court in DC.
The court's order is at
http://usark.org/wp-content/uploads/...late-Order.pdf.
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