ELR Citation: 52 ELR 20138
No(s). 6:22-cv-97-JDK (E.D. Tex. Dec 9, 2022) (Kernodle, J.)

A district court granted in part and denied in part an animal sanctuary's motion to dismiss an ESA citizen suit brought by an animal rights group. The group alleged the sanctuary violated the ESA by taking endangered or threatened species, unlawfully possessing ESA-protected animals, and unlawfully transporting the protected animals across state lines. The sanctuary moved to dismiss for lack of standing or failure to state a claim. The court found that the group adequately alleged Article III standing with respect to its claims concerning take and possession of ESA-protected species, and properly stated those claims under the ESA, but failed to allege standing to bring its claim concerning interstate transfer. It thus denied the motion to dismiss the first two claims, but granted the motion as to the third claim.