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Defenders of Wildlife v. Watt

Citation: 12 ELR 20210
No. No. 81-1048, (D.D.C., 05/28/1981)

The court holds that a decision of the U.S. Fish and Wildlife Service (FWS) to lift a ban on the commercial importation of three threatened kangaroo species does not violate the Endangered Species Act (ESA). Section 2(c) of the ESA requires federal agencies to seek to conserve endangered and threatened species. The court holds that the lifting of the import ban is consistent with this duty since it is part of a program to encourage Australian states, who alone have the power directly to protect the kangaroos and their habitat, to implement programs for the species' conservation. In addition, FWS has maintained the threatened listing to allow for immediate action if the species is once again threatened.

[The pleadings in this case are summarized at ELR PEND. LIT. 65692 and 65720 — Ed.]

Counsel for Plaintiff
Kathleen McGinn
Davis, Graham & Stubbs
1920 N St. NW, Washington DC 20036
(202) 822-8660

Paul Zevnik
Paul, Hastings, Janofsky & Walker
1050 Thomas Jefferson St. NW, Washington DC 20007
(202) 333-8500

Counsel for Defendants
Kenneth Berlin
Land and Natural Resources Division
Department of Justice, Washington DC 20004
(202) 633-2716