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In a precedent-setting decision,
the U.S. District Court for Minnesota found the state to be in
violation of the Endangered Species Act for authorizing trapping and
snaring within the range of the Canada lynx. The case, brought
forth by the Animal Protection Institute and the Center for
Biological Diversity, demonstrated that trappers injured or killed
at least 13 of these animals between 2002 and 2005.
AWI Wildlife Consultant Camilla Fox
served as an expert witness for the plaintiffs. She showed in her
report that lynx suffered injuries and/or death in all trap types,
including leghold traps, neck snares and Conibear kill-traps, and
that lynx kittens were sometimes orphaned as a result of their
mothers being trapped.
"Given the fact that 13 takings
have been reported since 2002, and that the DNR has not taken
substantial steps to further protect lynx from takings, the court
finds it likely that additional takings may occur unless further
regulations are implemented," U.S. District Judge Michael J. Davis
wrote in a 20-page order requiring the Minnesota Department of
Natural Resources (DNR) to "promptly take all action necessary to
[ensure] no further taking
of threatened Canada lynx."
Navy's Defeat is a Win
for Whales and Dolphins
In May 2007, AWI and four other
plaintiffs filed a lawsuit against the US Navy over its plan to
undertake 12 undersea warfare exercises using mid-frequency active
(MFA) sonar in Hawaiian waters. The suit sought to require the Navy
to adhere to the National Environmental Policy Act (NEPA), the
National Marine Sanctuaries Act, and the Coastal Zone Management Act
(CZMA), as well as the National Marine Fisheries Service as
regulatory authority to comply with the Endangered Species Act.
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In 2004, 150 to
200 melon-headed whales live-stranded during Navy exercises
using active sonar in Hawaiian waters, milling in a huddle
because of the noise. A calf died.
AP Images |
The Navy offered to partially
rectify the cause of two of the charges by allowing for public
comment on its exercises under NEPA and consulting with the local
state planning authorities as part of the CZMA requirements. After
the suit was filed, the Navy also reduced the number of its
exercises to one in November 2007, conducted with restrictions, and
gave notification of another planned for March 2008.
After several preliminary hearings,
our case for injunctive relief over the March exercise was heard by
Federal Judge David A. Ezra on February 11, and a final order
granting our motion for preliminary injunctive relief in part was
issued on February 29. In the order, the judge allowed the Navy to
conduct the March exercise, but imposed significant restrictions. He
said the evidence presented by AWI and fellow co-plaintiffs was both
"compelling" and "convincing."
Judge Ezra also stated, "[T]here is
little disagreement that MFA sonar can cause injury, death, and
behavioral alteration to these animals." Further, he ruled that the
Navy's reliance on a noise level of 173 decibels, below which it
claims harm to animals from its sonar will not occur, was "arbitrary
and capricious."
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