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Barry Coggins, et ux., dba Cherokee Bear Zoo v. Peggy Hill, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 16-1457 · judgment August 14, 2017


Certiorari denied · February 20, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a citizens’ suit under the Endangered Species Act could possibly possess Article III standing where the citizens’ evidence of aesthetic injury is a single short viewing of the animals in question, with no prior legal precedent finding Article III standing for “animal viewing,” and this case would therefore expand federal precedent of Article III standing in cases of purely aesthetic injuries.

  2. Whether “generally accepted” animal husbandry practices pursuant to C.F.R. 17.3 and the Endangered Species Act are determined by the Secretary of Agriculture, taking into consideration generally accepted animal husbandry practices and enforcing those standards, or whether generally accepted animal husbandry practices should instead established through expert opinion testimony on a case-by-case basis by non-governmental members of animal activism groups.

Counsel of record

For petitioner
Mark Russell Melrose
Melrose Law PLLC

For respondent
James S. Whitlock
Davis & Whitlock, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Jan 17 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Jan 02 2018
    Waiver of right of respondent Peggy Hill, et al. to respond filed.
  4. Dec 08 2017
    Petition for a writ of certiorari filed. (Response due January 16, 2018)