Lacey act injunction update - Page 3

**millertime89** · 05-19-15, 12:38 PM

Happy to do it.

**millertime89** · 05-19-15, 09:06 PM

New update on the preliminary injunction from USARK and Judge Moss! Very important caveats!

Preliminary Injunction Final Ruling
Today (5/19/15), Judge Moss made a final ruling on USARK’s preliminary injunction. The preliminary injunction will go into effect 14 days from today.

The scope of the injunction is limited. Domestic imports and transportation into Texas and Florida are excluded from the injunction. The injunction will also be limited to listed plaintiffs and USARK members. View the exclusions with explanations, other details and the official ruling on our website at www.usark.org/2015-blog/7182/.

Since the scope is limited, it does protect the preliminary injunction should FWS appeal. While it’s hard to call this a “bright side,” it must be noted that FWS showed interest in appealing. Should they choose to do so, the limited scope of the injunction will provide an additional and substantial obstacle to overcome. The limited scope may also persuade FWS not to appeal.

Even though limited, this preliminary injunction is still a preeminent achievement. A federal injurious listing was overreach for these species. The lawsuit will continue and USARK will continue to fight and illustrate this point.

USARK has demonstrated that we are likely to prevail on the merits of our case. The preliminary injunction was not received in full, but the ruling in our favor was huge! This must be stressed. The legal requirements that had to be met to receive the injunction were demanding to overcome, but we did it. It is extremely difficult to get a preliminary injunction, and having now earned it will serve us favorably as the lawsuit continues.

The Reptile Nation is strong and we will march forward.

SnoopySnake · 05-19-15, 09:14 PM

So, can you still get a retic shipped to you if you aren't a plaintiff or USARK member?

**millertime89** · 05-19-15, 09:21 PM

Quote:

Originally Posted by SnoopySnake

So, can you still get a retic shipped to you if you aren't a plaintiff or USARK member?

Correct as of June 2nd (if I'm not mistaken, we've got 14 days from today), as long as you are not in FL or TX. USARK fights for the rights of ALL reptile keepers regardless of whether they've donated money or not.

SnoopySnake · 05-19-15, 09:25 PM

That's good. Say if you have a vet in another state. If you're not a USARK member will you be able to take your retic to that vet or no?

**millertime89** · 05-19-15, 09:28 PM

That said Retics can still be bought and sold in TX and FL if you've got the permit and the animal came from in-state. People in TX and FL can also ship out of state and since there are a ton of retic breeders in TX already (not too sure about FL, but my understanding is they've got pretty strict limits already) so TX isn't too bad off. Bob Clark has a facility there, Jason Reed and Jason Gaspar are there (although Gaspar has been pretty quiet lately), Ryan Parker and Ryan Sullivan are there, as well as a lot of others.

**millertime89** · 05-19-15, 09:29 PM

Quote:

Originally Posted by SnoopySnake

That's good. Say if you have a vet in another state. If you're not a USARK member will you be able to take your retic to that vet or no?

Yes once the injunction goes into effect. This basically undoes everything the Lacey Act listing did except in TX and FL. It's not limited to just USARK members.

MDT · 05-19-15, 10:26 PM

ok...so....what the HECK does this mean..???? Kyle, your understanding of "USARK members" is what? I've looked on their webpage and no explanation...I looked on there FaceBook page and it is extremely ambiguous. Some are saying this only applies to actual USARK members prior to the injunction, among other speculation(s). Any clarification that can be offered would be appreciated.

SnoopySnake · 05-19-15, 10:31 PM

Yeah I'm a bit confused also...

**millertime89** · 05-20-15, 12:46 AM

I guess they're not done for today.
Lawsuit Update
Monday (5/19/15) USARK was again in Washington, D.C. for a hearing regarding our lawsuit, and specifically the preliminary injunction. To close the hearing, Judge Moss ordered both parties to have supplemental briefs filed by 10:00 AM today (5/20/15). These briefs were to answer two questions:
Is it permissible for the Court to grant a stay (temporary stopping) of any preliminary injunction to allow Defendants time to decide their intention to file for appeal and application for an emergency stay of the injunction?
How should the Court manage the litigation if FWS decides to appeal?
USARK requested the injunction be effective immediately. Our brief noted that while the Federal Rule of Civil Procedure allows a stay of the preliminary injunction, the Court has recognized irreparable harm for the Plaintiffs (USARK) in its 50-page Memorandum Opinion and in the hearing held Monday. Simply, a stay of the injunction will cause additional irreparable harm. For this reason, presented with strong supporting arguments, USARK asked the Court to execute the injunction promptly.
At the hearing, Defendants requested a 75-day stay while they make their decision as to appeal. This lengthy time frame was recognized as unfair by USARK, and seemingly by the Court, as well. Additionally, USARK demonstrated that under federal rule, any appeal request by FWS should remain in the current D.C. Circuit and not move to the Appellate Courts.
Should the Defendants seek a stay, they must qualify on four well-established points (essentially, the same points USARK had to prove in order for the Court to rule in our favor to issue the preliminary injunction):
Likelihood of success on merits;
show irreparable harm if stay is not granted;
if granting the stay will harm other parties;
if granting the stay will serve the public interest.
We expect an expeditious ruling from the Court (possibly today or tomorrow). As always, USARK will release updates quickly.

USARK extends our continued thanks for the support of the Reptile Nation. You made it possible for USARK to challenge and prove this action was indeed unjust regulation.

**millertime89** · 05-20-15, 12:48 AM

Quote:

Originally Posted by MDT

ok...so....what the HECK does this mean..???? Kyle, your understanding of "USARK members" is what? I've looked on their webpage and no explanation...I looked on there FaceBook page and it is extremely ambiguous. Some are saying this only applies to actual USARK members prior to the injunction, among other speculation(s). Any clarification that can be offered would be appreciated.

This is apparently coming up in a few different places. My interpretation is that USARK is referring to all members of the reptile community as their "members". I'll email Phil and see if he can clarify.

MDT · 05-20-15, 05:18 AM

Quote:

Originally Posted by millertime89

This is apparently coming up in a few different places. My interpretation is that USARK is referring to all members of the reptile community as their "members". I'll email Phil and see if he can clarify.

Thanks Kyle....I appreciate the leg work.

**millertime89** · 05-20-15, 11:22 AM

They're getting clarification on the membership thing.

**millertime89** · 05-21-15, 01:21 PM

The latest from Kevin McCurley:

** 5/20/2015 ** With clarification.... even MORE!!!
If you have donated ANY money or Volunteered to USARK as of April 8th, 2015 you ARE a Member!!!! You are part of the effort! It has never been the idea of USARK to accept money and NOT consider you a member, this is splitting hairs. USARK is for us, about us and that is clear, we are uniting our energies into an appropriate response. hopefully this is clear?????
Secondly, this is NOT USARK's decision, we did not decide any of this! This is USFWS's request, the Judge seems to have signed onto their request. We have absolutely NO effect on such things. We never asked for this, agreed on it, all we asked for was a "stay" of the Constrictor Ruling! USARk never knew that membership needed to be part of this! Actually, even without donating or even helping USARK, USARK was willing to fight for EVERYONE! This is kind of like the Health Care bill, people that pay into it pay for the people that won't. I have put an incredible amount of time and energy into this as has Phil, Rick and a few others. We are doing all of this because we are fighting for everyone! This is not about someone like Phil getting paid for his extra time, that does not happen at all. Rick Stanley is AMAZING, out in-house attorney that pours his time into this effort with little reward or payment. I don't get anything at all, this is about what is right and what is wrong and wanting my fellow Herpers to be able to enjoy these lovely creatures as much as I do! I do not know how to be any clearer on this, the amount of reward to effort involved just plain STINKS! We are working on the Lawsuit which could and should effectively bring back constrictors that have essentially been lost to us! We need to realize this win was huge, and thee is a bigger one ahead! If you are still not on board for the real fight then I have some less than politically correct words for you!!! Let us do all the work and you won't support our Army? SHAME ON YOU!
So, we get partial relief with our USARK Injunction in 14 days. No importation of Green Anacondas or Retics into the USA! Florida and Texas will NOT be allowed to ship into, across a state border as stated by the Constrictor Ruling. Losing these two states is clearly a sore point indeed! (People living in Texas and Florida will be allowed to ship OUT OF both of these states.). Realize this, with USFWS and USGS stating that possibly these snakes "could" find an appropriate environment in Florida and Texas the Judge elected to remove these two considerations to make the USARK Injunction iron-clad. If the Judge included these two states there would be many factors to argue. For clarity the Judge removed them and created a black and white argument, suck as it may it is a victory considering what we are up against.
We will once again be allowed to ship our animals into other states.
Membership has it's benefits, being a member of USARK and backing the Injunction will now give you the ability to ship your animals to most places but NOT to Washington D.C., Puerto Rico, Hawaii, Texas and Florida. If you were a member of USARK when the injunction was filed (4/82015), in theory you backed the Lawsuit and Injunction you will be covered. You can even get a letter stating membership.
So, you donated to USARK but did not specifically ask to be a member, did it automatically happen? YES, you are an automatic member. Did you volunteer for USARK, if so, you are a member for your time! Remember, we are getting railed with huge task and responsibilities and there is no imaginable way to make everything perfect @ USARK. USARK is grateful for all donations and if people donated but forgot to apply for membership you will be covered! If you gave to the Reptile Defense fund you will automatically be covered! Right now there are many things to deal with and address, it's overwhelming for sure. Do not forget we have a bunch of non-sense blowing up from HSUS and Center for Bio Diversity.
Let's not forget, we need your support more than ever, if your membership expired you may want to "renew" !!!!!!!!!!!! Please remember this point, check "Renew" your membership!!!!!!!!!!! If you were a member long ago you should "renew". If you were a member when Andrew was heading USARK, "Renew"!
We are looking for clarity regarding the questions you want to ask will be answered in the near future.
Realize this, although we did not win everything (just yet) we would have LOST entirely if we did not have USARK!!
We have much work to do, we need to be optimistic and the LAWSUIT is the final showdown!

**millertime89** · 05-21-15, 01:51 PM

From USARK:

We are as of yet unaware as to exactly how FWS plans to enforce the membership requirement for interstate transportation/shipment. We are currently compiling a list of only those USARK members who are breeders, sellers, dealers, hobbyists and owners who have a current expectation to engage in interstate transportation of reticulated pythons and/or green anacondas during the injunction, which is scheduled to be in effect until a final ruling is made on the lawsuit. Obviously, anyone not concerned with these species should not contact us to be included on this list. The list will only be supplied to FWS if required and not in violation of any confidentiality concerns.

However, per the ruling of the Court and as proposed by FWS, only USARK members as of April 8, 2015 qualify for relief under the injunction. Our basic membership level is $20 annually. If you met that criteria between April 8, 2014 and April 8, 2015, contact us at the email below. Also, if you began a recurring payment before April 8, you are a member, even if you have not yet reached $20. USARK will verify any membership claims.

Answers to expected questions: Purchases at auctions do not qualify. You are receiving something in return for your purchase and not donating to USARK. Also, the purchase of any raffle tickets, shirts, hats etc. do not qualify.

To notify us that you are a member of USARK (before April 8, 2015) who wants to be included on this list, send an email with your full name to contact@USARK.org. Facebook postings and messages cannot qualify you. You must contact USARK at this email address. Please email us with questions.

If you missed it, Dockets 60 and 61 were uploaded on the same page at Lawsuit: PI Final Ruling 5.19.15 | USARK. Docket 60 announces the injunction ruling, and Docket 61 lays out the terms of the injunction, which is posted at the first link on the page.