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  1. #20
    BPnet Senior Member Bluebonnet Herp's Avatar
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    Re: Injunction hearing TODAY

    Quote Originally Posted by bcr229 View Post
    This is very important. If you are not a USARK member then you are not covered by the temporary injunction. So, not only will you need to join USARK if you want to ship/receive a retic or anaconda across state lines, you will need to verify that the person on the other end of the transaction is also a USARK member.

    I think USFWS really screwed up - this restriction will encourage people to join USARK if they aren't already members! Because the judge didn't state in the opinion that a person had to be a USARK member as of a certain date to be covered, but only that one had to be a member to ship.
    "Members" are anyone who donated anything - even just volunteered - before April 8th. It does not necessarily encourage people to join now as they won't be covered. In addition, and if I'm not mistaken, only the person who is shipping them out has to be a member. Not the receiver/buyer.
    That said, this does look like some form of screw up for USFWS. Since we're playing by their rules, they cannot challenge the injunction, in addition to other negative implications for USFWS that I do not yet understand.
    USARK is also now being protected by the Court in that USFWS is not allowed to bankrupt them, which is very awesome.

    To me, the best part about an injunction is the fact that it sort of acts like a preview for the entire lawsuit - one of the reasons why a PI is so hard to get is that the requesting party has to be proven to likely win by their merits. And they did! So whether the rules of the injunction suck or not, the final ruling of the lawsuit can be expected to reach a far better conclusion to allow interstate transport and hopefully even imports.

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    Marrissa (05-20-2015)

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