ELR Citation: 48 ELR 20062
No(s). 16-1624 (8th Cir. Apr 11, 2018)

The Eighth Circuit affirmed a lower court decision that a zoo violated the ESA due to its mistreatment of endangered lemurs and tigers. On appeal, the zoo argued that the animal rights activists who filed the suit lacked standing. The zoo also claimed that even if the activists did have standing, there were no ESA violations. But the court disagreed, rejecting the zoo's arguments that the activists failed to demonstrate an injury-in-fact. When an individual searches for and finds a violation of the law, it is the violation itself—not the search—that causes the plaintiff injury. In addition, the evidence supports the lower court's findings as to the ESA violations. The zoo harassed the lemurs by keeping them in social isolation and by not providing them with clean and sanitary conditions. In addition, the zoo injured and thereby harmed the zoo's tigers by failing to provide them with timely and appropriate veterinary care and sanitary conditions. The activists also appealed, but the court found no error with the lower court's decision that the endangered species be transferred to another facility nor with its denial of their request for attorneys fees.