Legal Opinion

American Bird Conservancy v. Harvey

District Court, E.D. New York

Decided February 6, 2017No. 16-cv-1582 (ADSX)(AKT)PublishedCited by 4 opinions

1Opinion of the Court

Memorandum of Decision & Order

SPATT, District Judge:

In this case, a wildlife conservation group claims that acts and omissions by the State Parks Commissioner have, led to a situation where feral cats at Jones Beach are posing a risk to a threatened species of wild bird.

The group contends that this situation violates the federal Endangered Species Act (the “Act”), 16 U.S.C. § 1531 et seq., and requires remedial action to remove the cats and thereby restore suitably protective conditions for the birds.

*295Presently before the Court is a motion by the Commissioner to dismiss this action on the…

2Cases cited41 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  5. Bennett v. SpearSupreme Court of the United States · 1997

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3Cited by4 opinions

  1. Farquharson v. LafayetteDistrict Court, S.D. New York · 2020
  2. Glick v. CMRE Financial Services, Inc.District Court, S.D. New York · 2022
  3. Imbarrato v. Banta Management Services, Inc.District Court, S.D. New York · 2020
  4. Phillips v. DelaneyDistrict Court, S.D. New York · 2020

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