Friends of Animals v. Sally Jewell
115 F. Supp. 3d 107
D.D.C.2015Background
- Friends of Animals (FOA) submitted citizen petitions on Sept. 27, 2013 asking the Secretary (via FWS) to list the spider tortoise and flat‑tailed tortoise under the ESA.
- FWS issued positive 90‑day findings for both petitions ~nine months later (June 2014) but did not issue any 12‑month findings within twelve months; nearly 22 months after the petitions FOA still had no 12‑month findings.
- FOA sent a 60‑day notice of intent to sue on Sept. 27, 2014, then sued alleging the agency’s failure to issue required 12‑month findings and claiming informational, organizational, and member recreational injuries.
- The government moved to dismiss under Rule 12(b)(1), arguing FOA lacks Article III standing; the parties disputed only whether FOA had alleged a concrete injury‑in‑fact.
- The court held FOA lacked standing: FOA’s asserted informational injury was not a cognizable informational right under the ESA, organizational harms (fundraising, advocacy, dissemination) were speculative, and FOA failed to identify injured members for associational standing.
- Result: motion to dismiss granted for lack of subject‑matter jurisdiction; complaint dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FOA suffered an injury‑in‑fact via deprivation of information (informational standing) | FOA: agency delay deprived it of status information about the tortoises needed for advocacy, fundraising, outreach | Gov’t: FOA seeks agency compliance, not pre‑existing information; ESA does not grant an explicit right to information | Held: No informational injury — FOA seeks decision, not withheld specific information; ESA’s publication requirement does not create a judicially enforceable informational right |
| Whether publication requirements of ESA §1533 create a private right to information enforceable as injury | FOA: Federal Register publication + citizen‑suit implies right to information | Gov’t: Publication duties are procedural/policy‑oriented, not a private informational right | Held: Not a special statutory informational right; ESA’s purpose is conservation, not public‑information enforcement |
| Whether FOA’s organizational injuries (inhibited fundraising, frustrated advocacy, impaired dissemination) are concrete | FOA: delays have stymied outreach, made fundraising harder, and frustrated policymaking | Gov’t: Allegations are speculative and conclusory; no concrete or imminent injury shown | Held: Organizational injuries too speculative/vague to support standing |
| Whether FOA has associational standing through members’ recreational/aesthetic interests | FOA: members recreate/view species and could lose opportunities if species go unprotected | Gov’t: FOA failed to identify any particular member or show a concrete harm to an identifiable member | Held: Associational standing fails — FOA did not identify members or particularized injuries |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (Article III standing requirements; injury‑in‑fact must be concrete and particularized)
- Common Cause v. FEC, 108 F.3d 413 (D.C. Cir. 1997) (distinguishing types of informational injuries; mere desire to see law obeyed insufficient)
- Fed. Election Comm’n v. Akins, 524 U.S. 11 (1998) (public disclosure statutes can create informational standing where statute grants a concrete interest in information)
- Animal Legal Defense Fund v. Espy, 23 F.3d 496 (D.C. Cir. 1994) (informational standing requires a statutory right to information in very special contexts)
- Am. Soc. for Prevention of Cruelty to Animals v. Feld Entm’t, 659 F.3d 13 (D.C. Cir. 2011) (organizational informational injuries and limits on informational standing under ESA provisions)
- Nat’l Taxpayers Union v. United States, 68 F.3d 1428 (D.C. Cir. 1995) (speculative fundraising losses do not establish injury‑in‑fact)
- American Canoe Ass’n v. Louisa Water & Sewer Comm’n, 389 F.3d 536 (6th Cir. 2004) (Clean Water Act disclosure created a public informational right in that statutory context)
- Nat’l Ass’n of Home Builders v. U.S. Fish & Wildlife Serv., 786 F.3d 1050 (D.C. Cir. 2015) (rejecting procedural informational injury under ESA listing procedures)