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Injunction hearing TODAY

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  • 05-12-2015, 07:41 PM
    fLako0aGuiiLaR
    Congratulations to all people that are fighting for our hobby:salute:
    Congratulations to all people that are working with Retics and Anacondas

    its nice to see that we have great people in our Herp Community
    Thanks USARK
  • 05-13-2015, 01:48 AM
    KingObeat
    Re: Injunction hearing TODAY
    Freakin awesome. :O:carouse: Great job, USARK.
  • 05-18-2015, 11:19 AM
    Bluebonnet Herp
    Can't wait to hear back from today's hearing... !
  • 05-18-2015, 03:59 PM
    anicatgirl
    True story..... Waiting..... :rolleye2:
  • 05-18-2015, 09:17 PM
    ER12
    Lawsuit Update: Judge Moss did not rule on the effective date of the preliminary injunction today (5/18/15). We expect an answer by late tomorrow. Stand strong, Reptile Nation. For answers to any questions, view our previous post: http://www.facebook.com/UnitedStates...type=1&theater.
  • 05-20-2015, 01:11 AM
    reptileexperts
    ***Final Verdict is in***

    The Injunction was a success and it has been announced what it stands for.

    1) You can transport retics across state lines again, including green anacondas, however, Florida and Texas did not make the list.
    2) This means you can ship snakes out of Texas and Florida, however, you can not ship snakes into Texas and Florida
    3) This is not in effect YET - you need to wait until all documents are officially signed into place
    - This will go into effect 14 days from today!! June 3rd, 2015
    4) This does NOT mean Burmese pythons, African Rock Pythons, Indian Pythons, or Yellow Anacondas can cross state lines again. These are still on the Lacy act, and the law suit to get these snakes removed from the list or at the least amend the working of the Lacy Act to show that they are allowed to cross state lines - just not be imported into the US is still in progress. DO NOT SHIP BURMS, AFROCKS, OR YELLOW ANACONDAS!!

    Full report is available here:

    http://usark.org/2015-blog/7182/
  • 05-20-2015, 01:49 AM
    anicatgirl
    Re: Injunction hearing TODAY
    Quote:

    Originally Posted by reptileexperts View Post
    ***Final Verdict is in***

    The Injunction was a success and it has been announced what it stands for.

    1) You can transport retics across state lines again, including green anacondas, however, Florida and Texas did not make the list.
    2) This means you can ship snakes out of Texas and Florida, however, you can not ship snakes into Texas and Florida
    3) This is not in effect YET - you need to wait until all documents are officially signed into place
    - This will go into effect 14 days from today!! June 3rd, 2015
    4) This does NOT mean Burmese pythons, African Rock Pythons, Indian Pythons, or Yellow Anacondas can cross state lines again. These are still on the Lacy act, and the law suit to get these snakes removed from the list or at the least amend the working of the Lacy Act to show that they are allowed to cross state lines - just not be imported into the US is still in progress. DO NOT SHIP BURMS, AFROCKS, OR YELLOW ANACONDAS!!

    Full report is available here:

    http://usark.org/2015-blog/7182/

    Beat me to it! Also, there is a restriction to USARK members only on this too, unfortunately, suggested by USFWS.

    Here's the link for the legal-ese version

    http://usark.org/wp-content/uploads/...Injunction.pdf
  • 05-20-2015, 02:27 AM
    Penultimate
    Ok, dumb question time. It's pretty late at night, sorry, haha. So retics and green anacondas can be shipped again starting on June 3rd as long as you aren't shipping to Texas or Florida, but is this permanent or temporary? As in, is it just to give the hobby more time to get out of retics and green anacondas or is this something that's going to last?
  • 05-20-2015, 09:51 AM
    Chkadii
    Re: Injunction hearing TODAY
    Quote:

    Originally Posted by Penultimate View Post
    Ok, dumb question time. It's pretty late at night, sorry, haha. So retics and green anacondas can be shipped again starting on June 3rd as long as you aren't shipping to Texas or Florida, but is this permanent or temporary? As in, is it just to give the hobby more time to get out of retics and green anacondas or is this something that's going to last?

    Usually injunctions are permanent, but they can only be given at the end of a lawsuit. The preliminary injunction grants the plaintiff a chance to ask the court to order that the defendant (FWS) either continue doing something or not continue doing something until the court reaches a verdict for the lawsuit itself.

    So basically, USARK asked the court to let them continue transporting retics and green anacondas for now, because too much damage will be done if it's on hold until the end of the full lawsuit which includes the burms.

    Unless FWS asks for an appeal, starting June 3rd, it will be legal temporarily until the injunction can either be made permanent or dismissed at the end of the lawsuit. That said, it's encouraging that USARK got that far, and there's a chance that even if they lost the lawsuit the injunction would be made permanent (so retics would be legal to transport, but burms still wouldn't be).

    TL;DR - It'll be legal "until further notice," but could go either way.
  • 05-20-2015, 12:12 PM
    Penultimate
    Re: Injunction hearing TODAY
    Quote:

    Originally Posted by Chkadii View Post
    Usually injunctions are permanent, but they can only be given at the end of a lawsuit. The preliminary injunction grants the plaintiff a chance to ask the court to order that the defendant (FWS) either continue doing something or not continue doing something until the court reaches a verdict for the lawsuit itself.

    So basically, USARK asked the court to let them continue transporting retics and green anacondas for now, because too much damage will be done if it's on hold until the end of the full lawsuit which includes the burms.

    Unless FWS asks for an appeal, starting June 3rd, it will be legal temporarily until the injunction can either be made permanent or dismissed at the end of the lawsuit. That said, it's encouraging that USARK got that far, and there's a chance that even if they lost the lawsuit the injunction would be made permanent (so retics would be legal to transport, but burms still wouldn't be).

    TL;DR - It'll be legal "until further notice," but could go either way.

    Ah, thank you! Seems like no matter what happens, this is either a small victory or a large one. Even if the injunction didn't become permanent, it seems like this is a step in the right direction. As in, now we know for sure that it's possible to get somewhere in the legal system if it's necessary to defend the reptile hobby. Thanks again for explaining that, I don't speak legalese. :)
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