No. 20-1802

Joyce Rowley v. City of New Bedford, Massachusetts

Lower Court: First Circuit
Docketed: 2021-06-25
Status: Denied
Type: Paid
Tags: animal-welfare-act breeding captivity circuit-court-interpretation de-novo-review endangered-species harassment-exception preliminary-injunction usda-aza-substitution
Latest Conference: 2021-09-27
Question Presented (from Petition)

1.A. Does the harassment exception only apply to members of
endangered species in captivity for breeding to promulgate the
selected species to meet the goals of the Act?

1.B. Did the First Circuit err in affirming the lower court's decision
without performing a de novo review on the question of the
harassment exception and on harm?

1.C. Is the First Circuit opinion inconsistent with other courts by
affirming substitution of the AZA for the USDA in determining
compliance with the Animal Welfare Act?

Is the First Circuit opinion consistent with Federal Rule 65(a)(2) case
law on consolidation of a preliminary injunction hearing with a trial
on the merits and is it inconsistent with its own and Supreme Court
rulings regarding consolidation?

Question Presented (AI Summary)

Does the harassment exception only apply to members of endangered species in captivity for breeding to promulgate the selected species to meet the goals of the Act?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-04-07
Petition for a writ of certiorari filed. (Response due July 26, 2021)

Attorneys

Joyce Rowley
Joyce E. Rowley — Petitioner