Violation of Endangered Species Act Results in Jail Time and Probation

Posted on March 28, 2010 by Ben Rubin

Two men were sentenced in federal court last week after admitting to the 2007 slaughter of over 100 federally endangered Indiana bats in Kentucky.  In light of the brutality of the attacks, one man received 3 years probation, while the second man, who was involved in two separate attacks on the endangered bat, was sentenced to eight months in federal prison.  

Both men pleaded guilty to violating the take prohibition in the federal Endangered Species Act ("ESA"), which provides for a maximum criminal penalty of $50,000 or one year in prison, or both.  While the criminal penalties provision of the ESA has been around since the adoption of the ESA, it is not common for the federal government to pursue criminal penalties.  Instead, the majority of take violations are pursued under either the ESA's civil penalties provision or citizen suit provision.  These convictions, however, are a stark reminder of the potentially significant consequence for those who dismiss the prohibitions in the ESA.   

Federal and state agencies attribute the convictions to an anonymous tip. 

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Lawsuit Seeks to Address Predation in the Sacramento-San Joaquin Delta

Posted on March 4, 2010 by Paul Weiland

Co-authored by Ben Rubin

On February 27, 2010, the Sacramento Bee published a story by Matt Weiser entitled "Lawsuit: Striped bass to blame for California's salmon decline." The story discusses an ongoing lawsuit (PDF) challenging the California Department of Fish and Game's enforcement of striped bass sport-fishing regulations in the Sacramento-San Joaquin Delta. The lawsuit alleges that the enforcement of the striped bass sport-fishing regulations maintain an elevated striped bass population, which increases striped bass predation on a number of species listed under the Endangered Species Act ("ESA"), including the Sacramento River winter-run Chinook salmon and delta smelt. Because these species are listed, any action that increases striped bass predation is a violation of Section 9 of the ESA, which prohibits any government agency, entity, or individual from "taking" a federally protected species without prior authorization.

Plaintiffs and the Department of Fish and Game have filed cross-motions for summary judgment, which the federal District Court is scheduled to hear in late April. Plaintiffs' motion (PDF), which relies primarily on documents and statements from Department of Fish and Game employees, seeks summary adjudication on the issue of liability and standing. The Department of Fish and Game, however, has only moved (PDF) on the issue of plaintiffs' standing.

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