People for the Ethical Treatment of Animals, Inc. v. Miami Seaquarium, No. 16-14814 (11th Cir. 2018)Annotate this Case
PETA filed suit against Seaquarium, alleging that it perpetrated an unlawful take by harming or harassing Lolita, a killer whale, in violation of section 9(a)(1)(B) of the Endangered Species Act of 1973 (ESA), 16 U.S.C. 1538(a)(1)(B). The Eleventh Circuit affirmed the district court's grant of summary judgment for Seaquarium, but did not agree that actionable harm or harassment included only deadly or potentially deadly harm. Rather, the court held that Seaquarium was entitled to summary judgment because the evidence, construed in the light most favorable to PETA, did not support the conclusion that the conditions of her captivity pose a threat of serious harm to Lolita.