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Friends of Animals, et al. v. Fish and Wildlife Service

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-35639 · judgment January 10, 2018


Certiorari denied · June 11, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Questions presented

  1. Should the phrase “when used for scientific purposes, for propagation or for museums,” as set forth in the Convention between the United States of America and the United Mexican States for the Protection of Migratory Birds and Game Mammals, be interpreted as a single set of exemptions allowing the take of a protected migratory bird only where such take could further an understanding of, or directly contribute to, the conservation of the bird or its species, or, as the government contends, should the term be construed as three broad exceptions to the protections afforded by the Migratory Bird Treaty Act?

  2. Did the U.S. Fish and Wildlife Service violate the Migratory Bird Treaty Act and its underlying Conventions by issuing to itself a scientific collecting permit authorizing the shooting of 1,600 barred owls to assess the effects of their removal on northern spotted owl site occupancy, reproduction and/or survival?

Counsel of record

For petitioner
Michael Ray Harris
Friends of Animals Wildlife Law Program

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 11 2018
    Petition DENIED.
  2. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  3. May 14 2018
    Waiver of right of respondent Fish and Wildlife Service to respond filed.
  4. Apr 10 2018
    Petition for a writ of certiorari filed. (Response due May 14, 2018)