Jump to Navigation
Jump to Content

New England Anti-Vivisection Society v. United States Fish & Wildlife Service

ELR Citation: 46 ELR 20153
Nos. 16-cv-149, (D.D.C., 12/14/2015) (Jackson, J.)

A district court held that animal rights groups lack standing to challenge FWS' decision to allow the National Primate Research Center to transfer eight of its chimpanzees to a zoo in the United Kingdom. FWS authorized the transfer under ESA §10 on the condition that the Center donate money to an unrelated non-governmental organization for a chimpanzee conservation program. The groups argued this arrangement violated the APA, ESA, NEPA, and the Convention on International Trade in Endangered Species. They claimed the that the plain language of the ESA prohibits FWS from establishing this sort of "pay-to-play" export permitting scheme, which, according to the groups, at best inures to the benefit of endangered species only indirectly. But the groups themselves must have a concrete and particularized injury-in-fact that is actual or imminent, that is fairly traceable to FWS' actions, and that a federal court’s decision can redress. Here, the groups failed to satisfy these threshold requirements.