FWS Files Its Motion to Dismiss USARK’s Complaint

1-Logos_Revised_2_BW-002On December 18th, USARK filed its Complaint challenging the Constrictor Rule to the Lacey Act.

On February 21, 2014, the Federal Defendants, including Sally Jewell and the US Fish & Wildlife Service, filed their Motion to Dismiss USARK’s complaint.  While we at Herp Alliance are still analyzing the Motion to Dismiss (and will report on same shortly), it essentially alleges that USARK’s complaint is deficient for the following reasons:

  • USARK lacks standing to bring a private cause of action under NEPA, the APA or the Lacey Act; and
  • USARK fails to adequately plead a cause of action under multiple counts.

Copies of both pleadings can be read or downloaded at the links above.

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