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1981 Att'ys for Animal Rts. Newsl. [i] (1981)

handle is hein.animal/afarnws1981 and id is 1 raw text is: ILBY newsletter ATTORNEYS FOR ANIMAL RIGHTS November 1981 AFAR PLAYS KEY ROLE IN VICTORY FOR CALIFORNIA ENDANGERED SPECIES ACT A series of lawsuits brought by the importers of green sea turtle, kangaroo, py- thon and African elephant products has threatened to seriously emasculate the Cali- fornia Endangered Species Act. The California Act protects the above species; the Federal Endangered Species Act does not. The importers have claimed that the California law is unconsti- tutional and preempted by t-he federal law. The California Attorney General's.Office did little to defend the state Act until AFAR attorney Laurence Kessenick launched a one-man campaign to defend the California law and protect these animals. Kessenick conducted pain- staking research into the Con- gressional history of the fed- eral law and showed the true intent of Congress that the more restrictive endangered species laws of states such as New York, Hawaii and California would remain unaffected by the Federal Endangered Species Act. In a recent case, this research formed the basis of the Attorney General's argument in favor of the validity of the California law. A California Federal District Court agreed and held the state Act to be valid and constitutional. The importers are expected to appeal. THE BURROS OF CHINA LAKE In March of 1981, the U.S. Navy secretly shot and killed 648 feral burros at the Naval Weapons Center, China Lake, CA. AFAR attorney Joyce Tischler, representing the Animal Pro- tection Institute, obtained a temporary restraining order in federal district court. Tischler, joined by Marcelle Philpott-Byrant (representing the Fund For Animals) and Arthur Margolis of AFAR, Los Angeles, argued that the Navy had violated the National Environmental Poli- cy Act (NEPA) and a state anti- cruelty statute. The Navy's draft environmen- tal impact statement under NEPA was released in May and advocated the shooting of the 2000-5000 burros in the China Lake area. After months of negotiation, on October 20, 1981, a settlement of the lawsuit was reached, where- by the Fund For Animals will re- move burros and the Navy will pay the Fund $50 per burro so removed. API will adopt the burros out to good homes. While this settles the lawsuit, the Navy's final EIS will be re- leased shortly; the fate of the thousands of burros remaining in China Lake is unknown. 333 Market Street, Suite 2300, San Francisco, CA 94105

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