CBD joins HSUS to jointly intervene in USARK lawsuit

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