ELR Citation: 40 ELR 20001
No(s). 09-2643 (1st Cir. Oct 20, 2010)

The First Circuit affirmed a lower court decision denying a motion to enjoin Maine state officials from allowing the use of any foothold traps to prevent the incidental take of Canadian lynx, a threatened species. The lower court did not abuse its discretion in denying the motion, as the animal rights groups that filed the lawsuit failed to demonstrate that irreparable harm was likely to occur absent an injunction. They failed to prove that any single Canadian lynx has suffered serious physical injury or death from an incidental take in a foothold trap. Absent a showing that animal deaths were likely and that these would impact the species, it was not an abuse of discretion for the lower court to refuse to issue an injunction.