U.S. ASSOCIATION OF REPTILE KEEPERS, INC. v. ZINKE

No. 15-5199.

852 F.3d 1131 (2017)

UNITED STATES ASSOCIATION OF REPTILE KEEPERS, INC., et al., Appellees v. Ryan ZINKE, The Honorable, in his official capacity as the Secretary of the Interior and United States Fish and Wildlife Service; Appellants Humane Society of the United States and Center for Biological Diversity, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 2017.


Attorney(s) appearing for the Case

Emily A. Polachek , Attorney, U.S. Department of Justice, argued the cause for federal appellants. With her on the briefs were John C. Cruden , Assistant Attorney General, and Meredith L. Flax , Attorney.

George Kimbrell, Sr. was on the brief for amicus curiae The Center for Invasive Species Prevention, Natural Areas Association and the Wildlife Society in support of defendants-appellants.

David E. Frulla , Washington, DC, argued the cause for appellees U.S. Association of Reptile Keepers, Inc., et al. With him on the brief were Paul C. Rosenthal , Washington, DC, and Shaun M. Gehan .

Collette L. Adkins and Anna E. Frostic were on the briefs for defendant-intervenors/appellees The Humane Society of the United States and Center for Biological Diversity.

Before: Tatel, Srinivasan, and Wilkins, Circuit Judges.


A federal statute known as the Lacey Act enables the Secretary of the Interior to designate certain species of animals as injurious to humans, wildlife, agriculture, horticulture, or forestry. When a species is designated as injurious, the Act prohibits any importation of the species into the United States or its possessions...

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