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Native Fed'n of the Madre de Dios Riveer & Tributaries v. Bozovich Timber Prods., Inc.

ELR Citation: 37 ELR 20090
Nos. No. 07-57, (Ct. Int'l Trade, 04/16/2007)

The Court of International Trade denied environmental groups' motion to preliminarily enjoin timber companies from importing bigleaf mahogany from Peru into the United States and dismissed the groups' lawsuit. The groups alleged that by importing the tree without a valid permit, the timber companies and the U.S. government are in violation of the Endangered Species Act (ESA) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). ESA §9(c) provides that if a species is not listed as an endangered or threatened species under the ESA, the species may be imported so long as the parties follow CITES procedures. Here, the bigleaf mahogany is listed in Appendix II of CITES, but it is not listed as endangered or threatened under the ESA. Hence, ESA §9(c) does not provide for an embargo on the importation of the bigleaf mahogany. Consequently, the court lacks subject matter jurisdiction over the groups' claims.