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Civil Practice : Standing – Injury In Fact –  Endangered Species Act

Stephanie Maniscalco//April 19, 2018

Civil Practice : Standing – Injury In Fact –  Endangered Species Act

Stephanie Maniscalco//April 19, 2018

Where plaintiffs who brought claims under the Endangered Animal Act against a local zoo had visited the zoo several times, lived in the area and testified that they intended to return, the individual plaintiffs had standing to bring the action, and an Animal Legal Defense Fund had associational standing, and the judgment ordering the endangered species to be transferred to another facility is affirmed, and the district court properly denied attorney’s fees to the plaintiffs.

Judgment is affirmed.

Kuehl v. Sellner (MLW No. 71566/Case No. 16-1624 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, Northern District of Iowa, Scoles, J. (Larry J. Thorson, Cedar Rapids, Iowa, argued for appellant; Webb L. Wassmer appeared on the brief) (Wade P.K. Carr, Kansas City, Missouri, argued for appellee; Anthony T. Eliseuson, Jessica L. Blome, Elisabeth Anne Holmes, Jeffrey Pierce and Carly D. Duvall appeared on the brief).

Read the full text of this opinion. (PDF)

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