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Administrative Law Keyed to Popper
SAFARI and the NRA v. United States (ZINKE) [Department of Interior]
Citation:
878 F.3d 316 (2017)Facts
Since 1978, the African elephant has been listed as a threatened species under the Endangered Species Act. The Service promulgated a Special Rule that, among other things, prohibits the importation of sport-hunted African elephant trophies unless the Service makes a determination that the killing of the trophy animal will enhance the survival of the species. In 1997, the Service made a positive enhancement finding for Zimbabwe, allowing trophy imports. However, on April 4, 2014, the Service issued a press release announcing a negative enhancement finding for Zimbabwe, citing insufficient information about the country’s elephant management program and population status. This finding was followed by additional negative findings in July 2014 and March 2015. The Service did not follow notice-and-comment procedures for any of these findings. Safari Club and the NRA, whose members had harvested elephants in Zimbabwe but were unable to import the trophies, challenged the findings on multiple grounds, including that the Service had applied an improper standard for “enhancement,” violated the presumption of legality in Section 9(c)(2) of the ESA, failed to initiate rulemaking after the enhancement requirement was removed from CITES in 1994, and failed to follow the APA’s notice-and-comment requirements.
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