Safari Club International v. Jewell, No. 15-5170 (D.C. Cir. 2016)
Annotate this CaseThe Service has long allowed American hunters who shoot Tanzanian elephants to repatriate their trophies because, according to the Service, doing so “would not be detrimental to the survival of the species.” However, in 2014, the Service changed course and indefinitely suspended issuance of import permits due in part to a “significant decline in Tanzania’s elephant population.” Two organizations representing hunters challenged the suspension in district court as substantively and procedurally flawed. The district court dismissed for lack of final agency action and failure to exhaust administrative remedies. The court concluded that the de facto permit denial gives Safari Club Article III standing. The court also rejected the Service's claims of mootness and concluded that the relief Safari Club seeks extends well beyond the two 2014 findings. Because Safari Club is unable to fully litigate a challenge to the findings underlying the suspension without taking on risk that the permitting scheme is designed to avoid, the controversy evades review. Finally, the court rejected the Service's arguments regarding finality and exhaustion. Accordingly, the court reversed and remanded.
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