4/7/17: U.S. Court of Appeals says USARK got it right!
Briefly, it is even more than just a win on the appeal. The Court of Appeals determined that, as a matter of law, the Lacey Act does not prohibit transportation and commerce of species listed as injurious between the continental states. That issue is decided in the eyes of the U.S. Court of Appeals.
“The government submits that the shipment clause bars those shipments as well. ARK argues otherwise. We agree with ARK.”
Final line of opinion: “For the foregoing reasons, we affirm the district court’s judgment and hold as a matter of law that the government lacks authority under the shipment clause to prohibit shipments of injurious species between the continental States.”
We’ll have a formal newsletter soon. MOST IMPORTANTLY! This is a time to continue to act as a responsible reptile community and for proper self-policing of those acting otherwise. There are still steps in the process before those without USARK verification letters should be shipping species which are part of the injunction, or any other species listed as injurious. USARK will keep the herp community posted as always. And please be aware that any relevant State laws are still effective.
HUGE thank you to Richard Stanley, our legal team, supporters, donors and everyone else who made this possible.
Click PDF icon at top of page to view the court document.