Three days after Judge Moss ruled that he would be granting USARK a preliminary injunction, the Center for Biological Diversity (CBD) filed a joint motion along with the Humane Society of the United States (HSUS) to intervene in USARK’s case.

The extreme position of CBD had been announced promptly after the Lacey Act listing of reticulated pythons and three anaconda species by Collette Adkins, a CBD attorney and biologist focusing on reptiles and amphibians: "Unfortunately, it appears that the agency caved to pressure from snake breeders in its decision not to restrict trade in the boa constrictor — a snake that is clearly damaging to U.S. wildlife."

USARK has filed to oppose joint intervention by HSUS and CBD.

It seems very unlikely that CBD and HSUS will be allowed to intervene in the PI stage of the case, which would allow them to immediately appeal the PI even if USFWS decides not to appeal the PI at this time. (See my earlier discussion of a potential appeal of PI by USFWS.) Fortunately, the time period for CBD and HSUS to appeal the PI on their own has now expired.

It is also possible that the court will deny the motion to intervene because neither CBD nor HSUS established standing in their supporting declarations. Even if allowed to intervene, it is likely that the judge will limit the issues on which CBD and HSUS will be allowed to participate.

For the basics on the PI, please see http://www.kingsnake.com/blog/archives/2929-The-injunction-against-USFWS-What-you-need-to-know-now.html.

Photo: kingsnake.com user PSYCHOTRON

Governor Kasich, we are the "Snake People" -- also known as biologists, conservationists, and herpetologists!

All herpers, -- conservatives, liberals, moderates, independents, green party, and whatever else may be your affiliation -- must stand united to initiate the most vigorous grass roots campaign to publicly oppose the candidacy of Governor John Kasich (R-Ohio) for President of the United States.

On October 21, 2011, Governor John Kasich, by executive order, required a Dangerous Wild Animal Workgroup, within 39 days, to propose legislation regarding the regulation of "dangerous wild animals" in Ohio.

The workgroup recommendation was obviously predetermined. We know what happened regarding unreasonable restrictions being placed on responsible reptile owners; and that Governor Kasich was the driving force behind the Ohio DWA legislation (along with his friends at HSUS). Not only have Ohio herpers and exotic animal owners suffered (many moving out of Ohio), but we now have endured copy-cat legislation in West Virginia and who knows where else in the future.

Our numbers are not equivalent to those of some other groups, but due to our extreme passion for herpetology, our message to government officials and politicians has become loud and powerful: Don't tread on us! As I wrote before, USARK's preliminary injunction against USFWS has left the federal agency stunned. You had to be at the court hearings in Washington, DC to observe their sullen faces.

At the state level, USARK also laid down markers on behalf of reptile and amphibian owners. For example, a prolonged battle during 2014 and early 2015 resulted in the removal of all salamanders, tree frogs, clawed frogs, toads, turtles, large lizards, constrictor snakes, venomous snakes and crocodilians from the WV DWA list.

Then several weeks ago upon adjournment of a DWA Board meeting in WV, one of the DWA Board members politely asked those of us observing the meeting if we were "snake people." On behalf of our contingency, I responded: "Yes, we are 'snake people.'" One of our members then identified himself as an accomplished WV biologist-herpetologist. I wonder how they knew/guessed we were snake people?

Photo: kingsnake.com user eastbayexotics

In briefs and during recent hearings, United States Fish and Wildlife Service USFWS) informed the United States District Court for the District of Columbia that it would take 75 days to determine whether to appeal the preliminary injunction (PI) granted to USARK. However, the Federal Rules of Appellate Procedure appear to only provide 60 days in which a United States agency may file a Notice of Appeal. [Rule 4(a)(1)(B)(ii)] Nonetheless, USFWS requested a stay of the PI for 75 days.

In his order, United States District Court Judge Randolph D. Moss stayed most of the proceedings in the Federal District Court for 60 days or until the termination of any appeal of the PI. Judge Moss did not technically stay the PI, but he effectively did so temporarily by making the PI effective 14 days after his order, on Tuesday, June 2, 2015.

If it files a notice of appeal, USFWS may again seek a stay of the PI for the pendency of such appeal. It also appears that USFWS could technically file immediately for a stay of the PI with the United States Court of Appeals. [Rule 8(a)]

However, it seems unlikely the Court of Appeals would be inclined to take such a motion for stay very seriously if USFWS did not simultaneously file a notice of appeal. Why? The District Court has already considered and denied any stay of the PI beyond the 14 days already allowed through June 2, 2015.

Moreover, if USFWS sees the reversal of the PI as an extraordinarily important issue, then it should be able to expedite the administrative procedure for filing a notice of appeal.

During the hearing, USFWS stated that it was time consuming to get administrative permission to appeal because an appeal had to be authorized by the Solicitor General, and also involved Department of Justice lawyers at the trial and appellate levels, as well as a number of folks at USFWS and The Department of Interior, at various levels.

Photo: kingsnake.com user eschmit04