Conservation Force, Inc. v. Sally Jewell
407 U.S. App. D.C. 22
| D.C. Cir. | 2013Background
- Appellants are safari clubs, hunters, and international conservationists challenging the FWS over the straight-horned markhor.
- FWS previously classified the markhor as endangered in 1976; TCP and STEP led to population recovery via controlled sport hunts benefiting local communities.
- Tareen (1999 petition) sought downlisting; the Service began a status review but did not issue a final 12-month finding.
- Conservation Force (2010 petition) prompted a 12-month finding in 2012, which favored downlisting and expressly noted the earlier petition.
- Four trophy import applications were delayed; district court dismissed the delays as moot; the court also addressed standing and ripeness for a continuing-pattern challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of the 1999 downlisting petition | Tareen sought downlisting failing to be acted on within 12 months. | Agency action on the Conservation Force petition effectively addressed the 1999 petition. | Moot; claims dismissed for lack of live controversy. |
| Timeliness and viability of delay claims on trophy imports | Delay violated APA/ESA and due process. | Agency processed/denied applications; any delay ended. | Moot; claims dismissed for lack of ongoing injury. |
| Ripeness and standing for ongoing pattern of delay | Policy delay constitutes ongoing injury and is ripe for review; associational standing. | No concrete plan or injury; case not ripe or properly pled. | Not ripe and no standing; pattern claim dismissed. |
| Standing proof for pattern of delay claim | Associational and individual injuries exist from ongoing delay. | No affidavits or evidence of injury; lacking standing. | No standing; petition dismissed. |
Key Cases Cited
- Larsen v. U.S. Navy, 525 F.3d 1 (D.C. Cir. 2008) (mootness when no live controversy remains)
- Monzillo v. Biller, 735 F.2d 1456 (D.C. Cir. 1984) (standing and mootness considerations in agency challenges)
- Iron Arrow Honor Soc’y v. Heckler, 464 U.S. 67 (Supreme Court 1983) (jurisdictional limits on moot cases)
- Devia v. Nuclear Regulatory Comm’n, 492 F.3d 421 (D.C. Cir. 2007) (ripeness and fitness of policy challenges)
- Munsell v. Dep’t of Agric., 509 F.3d 572 (D.C. Cir. 2007) (standing where association sues for members' injuries)
- Sierra Club v. EPA, 292 F.3d 895 (D.C. Cir. 2002) (standing requirements and injury proof)
- City of Houston v. Dep’t of Hous. & Urban Dev., 24 F.3d 1421 (D.C. Cir. 1994) (ripeness and declaratory relief standards)