ELR Citation: 55 ELR 20035
No(s). 23-11984 (11th Cir. Mar 14, 2025)

The Eleventh Circuit affirmed dismissal of aviculturalist groups' lawsuit challenging FWS' denial of their petition to add two parrot species to the list of species approved for import under the Wild Exotic Bird Conservation Act. The groups had petitioned FWS to add members of the cactus conure and the green form of the lineolated parakeet that had been captive-bred in certain European countries to the list. FWS denied the petitions as invalid because the Act's implementing regulations didn't allow it to approve species country-by-country. The groups sued, arguing FWS must add captive-bred species to the exemption list on a country-by-country basis. A district court found the text of the Act instructed FWS to consider addition of different species as a whole to the list of approved species, rather than the addition of a species from particular countries; it dismissed the suit. The appellate court agreed, finding the Act did not permit FWS to consider exempting a species from the moratorium on a country-by-country basis. It affirmed dismissal.