Friends of Animals v. Sally Jewell
2016 U.S. App. LEXIS 12979
| D.C. Cir. | 2016Background
- Friends of Animals (nonprofit) filed petitions (Sept 2013) to list two tortoise species; FWS issued positive 90-day findings in June 2014 but did not issue required 12-month findings within one year.
- Friends of Animals served notice and sued under the ESA citizen-suit provision, seeking declaration that the Secretary violated §4(b)(3)(B) and an order to issue 12-month findings within 60 days.
- The district court dismissed for lack of Article III standing; Friends of Animals appealed only the ruling on informational standing.
- Section 4(b)(3)(B) of the ESA imposes a 12-month deadline to make one of three findings and separately prescribes what must be published in the Federal Register after a finding is made.
- The central legal question was whether Friends of Animals suffered an "informational" injury because the Secretary’s delay deprived it of information the statute requires to be disclosed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Friends of Animals has Article III informational standing to sue for failure to meet §4(b)(3)(B) 12-month deadline | Friends: the statutory scheme gives a right to timely information; delay in 12-month finding denies required information, causing informational injury | Secretary: the 12-month provision is a deadline, not a present disclosure mandate; disclosure duties arise only after a finding is made | Court: No informational standing — deadline alone does not create a present right to information |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (standing requires concrete, particularized injury)
- Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (statutory provisions define informational injuries Congress can create)
- FEC v. Akins, 524 U.S. 11 (informational standing where statute mandates disclosure)
- Pub. Citizen v. U.S. Dep’t of Justice, 491 U.S. 440 (denial of specific agency records can constitute injury)
- Am. Soc. for the Prevention of Cruelty to Animals v. Feld Entm’t, 659 F.3d 13 (D.C. Cir.) (no informational injury where enforced provision does not mandate disclosure)
- Friends of Animals v. Ashe, 808 F.3d 900 (D.C. Cir.) (§4’s 12-month finding duty is non-discretionary once triggered)