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Old 18th April 2017   #20 (permalink)
John Clare
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Default Re: USARK Lawsuit-THE BAN IS OVER

Quote:
Originally Posted by Methos5K View Post
So... was USARK or USFWS going to issue some kind of an update or statement? It's been a week now.
They should but frankly they're probably scratching their heads wondering what to do now. Once they've figured out a course of action they might make a statement. Their choices at this point are limited. They could appeal to the Supreme Court of the United States, but that court hears very few cases and those cases need to be of significant importance (e.g. a person's rights under the constitution), AND the District Court of Appeals ruled unanimously on the Lacey Act, which means the Supreme Court wouldn't likely take it up for that reason alone.

Now, over a year after the import and the interstate bans were imposed, there are still no known cases of B.sal in the US (other than in the labs of the US researchers who lobbied for the interstate ban....). Since the import ban is still in place, it stands to reason that USFWS shouldn't need an interstate ban since there should be no disease carrying animals coming into the country (because the import ban still stands as legal).

To get a specific interstate ban would require a new law. That's pretty hard to get, frankly, and they would need senators and congressmen on board to do it. If I were advising the USFWS I would tell them to take the import ban as a sufficient success and move on.

PS: In my opinion USARK did a fantastic job carrying the torch on this. I intend to donate to them as a form of thanks. Regarding shipping, the law is the law and I don't see any reason to not ship newts and salamanders on the list again, keeping in mind that you still can't ship in or out of DC or the states/US holdings off shore.
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Last edited by John; 18th April 2017 at 14:47. Reason: Added the PS
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