Kuehl v. Sellner, No. 16-1624 (8th Cir. 2018)
Annotate this CasePlaintiffs filed suit against defendants under the Endangered Species Act, 16 U.S.C. 1531 et seq., seeking to enjoin defendants' mistreatment of endangered species. The Eighth Circuit affirmed the district court's order that the endangered species be transferred to another facility and denied plaintiffs' request for attorney fees and costs. Determining that plaintiffs had standing, the court held that the district court did not err in finding defendants had harassed the lemurs by keeping them in social isolation; by not developing, documenting, and following an appropriate plan for environmental enhancement; and by not providing clean water and sanitary conditions. The district court also did not err by ruling that defendants had injured, and thereby harmed, the tigers by failing to provide timely and appropriate veterinary care. Furthermore, the decision to imposed upon defendants the responsibility of finding an appropriate, licensed facility for the lemurs and tigers was well within the district court's broad equitable powers. The court held that the circumstances of this case justified the denial of attorney fees and costs. The court rejected the remaining arguments and affirmed the judgment.
Court Description: Wollman, Author, with Shepherd, Circuit Judge, and Goldberg, Judge of the United States Court of International Trade] Civil case - Endangered Species Act. In action seeking to enjoin defendants from mistreating endangered species, the district court did not err in finding plaintiffs had standing to bring the action; plaintiff Animal Legal Defense Fund had associational standing; the court did not err in finding that the conditions at defendants' zoo harassed the zoo's lemurs by keeping them in social isolation and by not providing them with clean and sanitary conditions; the defendants also failed to develop, document and follow an appropriate plan for environmental enhancement for the animals; nor did the court err in finding that defendants had injured and thereby harmed the zoo's tigers by failing to provide them with timely and appropriate veterinary care and sanitary conditions; district court did not err in granting defendants' request that the lemurs and tigers be placed in certain named facilities; the district court did not err in denying defendants' request for attorneys' fees. Judge Goldberg, concurring.
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