Here at TrappingToday, we’ve been following the Maine lynx lawsuit for quite some time. You can find background on the issue by visiting the lynx issues category page here.
It finally appears that we have some closure to the issue and trappers, while having given up a lot in the process, have exited the process victorious over the animal rights activists.
Here’s an update from Skip Trask of the Maine Trappers Association:
Good afternoon – I just received word that the U.S. Court of Appeals for the First Circuit has affirmed in all respects Judge Woodcock’s favorable judgment in the lynx lawsuit. The First Circuit’s opinion is a published opinion and, as a result, is binding law in New England and persuasive precedent in the rest of the country. The opinion makes it clear that plaintiffs seeking an injunction under the federal Endangered Species Act (ESA) must prove irreparable harm to the species and that courts are not required to issue injunctions to end ESA violations (even where plaintiffs prove that a violation has taken place) if plaintiffs fail to show irreparable harm. This is a huge victory for Maine trappers. This bogus lawsuit is no longer hanging over our heads as we start the 2010 trapping season. This decision will make it much harder in the future for the animal fanatics to use the federal ESA to attack trapping, hunting or any other activity that could result in a threatened or endangered species being taken incidentally. I’ll provide more details in the next MTA/MPGA newsletters. Skip
Skip summed it up great. It’s a huge victory and sets some very important precedent for similar lawsuits in the future.