CopyCited 68 times | Published | Court of Appeals for the Eleventh Circuit | 53 Fed. R. Serv. 3d 823, 64 U.S.P.Q. 2d (BNA) 1353, 2002 U.S. App. LEXIS 18485, 2002 WL 31000244
see McCarthy, supra, § 17:11 ("An intent not to resume use might be explicitly
CopyCited 50 times | Published | Court of Appeals for the Eleventh Circuit | 41 Fed. R. Serv. 3d 563, 28 Envtl. L. Rep. (Envtl. Law Inst.) 21546, 47 ERC (BNA) 1014, 1998 U.S. App. LEXIS 17754
...We reverse on all issues and remand for further proceedings. I. BACKGROUND 2 In 1978, the United States Fish and Wildlife Service (Service) listed the loggerhead sea turtle as a threatened species and the green sea turtle as an endangered species. See 50 C.F.R. § 17.11 (h) (1997)....
...e district court proceedings while the defendant repairs to the Agency to get a clarification on that point. 1 The green sea turtle is endangered in Florida and along the Pacific coast of Mexico. In all other locations, it is "threatened." 50 C.F.R. § 17.11 (h) 2 Daytona Beach and Daytona Beach Shores are the most urbanized beach communities We have omitted any discussion of the beach community of Silver Sands because the parties do not specifically mention it in their briefs or the record....
...We leave it to the district court to fashion appropriate injunctive relief if it finds Volusia County liable for sea turtle "harm" in any of the municipalities at issue 28 The Service added the leatherback sea turtle to the endangered species list in June 1970. 50 C.F.R. § 17.11 (h) 29 Volusia County obviously knew of its potential problems with the leatherback sea turtle since it included that reptile and other species in its application for an incidental take permit....
CopyCited 36 times | Published | District Court, M.D. Florida | 1995 WL 505466
...After considering the arguments and exhibits submitted by the parties, the Court concludes that the Plaintiff's motion must be granted in part and denied in part, as explained below. I. INTRODUCTION The U.S. Fish and Wildlife Service has declared that the Loggerhead sea turtle is a "threatened" species. See 50 C.F.R. § 17.11. The Service also lists the Green sea turtle as "endangered" for the "breeding colony populations *1173 in Florida" See 50 C.F.R. § 17.11....
CopyCited 35 times | Published | District Court, M.D. Florida | 137 U.S.P.Q. (BNA) 96, 1962 U.S. Dist. LEXIS 5665
...(New Fiction Publishing Co. v. Star Co., 2 Cir.,
220 F. 994.) The plaintiff is the real party in interest and is entitled to bring these actions, and the New York corporation is not an indispensable party to these actions. (Moore's Fed.Practice, 2d Ed. (1948), Vol. 3, §
17.11(2), page 1363.) (c) Third, defendants contend that plaintiff cannot prevail, even though the real party of interest, unless the assignment in question confers the right to sue for acts of infringement which took place prior to the execution of said assignment....
CopyCited 19 times | Published | Court of Appeals for the Eleventh Circuit | 22 Wage & Hour Cas.2d (BNA) 310, 2014 WL 1099286, 2014 U.S. App. LEXIS 5315
class-wide relief for victims under FLSA § 17). 11 . In its order, the district court
CopyCited 17 times | Published | District Court, S.D. Florida | 39 ERC (BNA) 1641, 1994 U.S. Dist. LEXIS 13430, 1994 WL 515901
...s century, the USFWS estimated that only 26 Key deer remained. Id. The imminent demise of the species led to establishment of the National Key Deer Refuge in 1957 and subsequent listing of the Key deer as an endangered species in 1967. See 50 C.F.R. § 17.11(h) (1988)....
CopyCited 14 times | Published | District Court, S.D. Florida | 18 Envtl. L. Rep. (Envtl. Law Inst.) 20, 1987 U.S. Dist. LEXIS 7749
...An endangered species is one "in danger of extinction throughout all or a significant portion of its range." 16 U.S.C. § 1532(6). The Florida panther, whose historic range is listed as in the United States from Louisiana and Arizona east to South Carolina and Florida, has been listed as endangered since 1967. 50 C.F.R. § 17.11 (1986)....
...89-669, 80 Stat. 926, the predecessor to the present Endangered Species Act, when it was listed as threatened with extinction. See 32 Fed.Reg. 4001 (March 11, 1967). As the court has previously noted, it is presently listed as endangered. See 50 C.F.R. § 17.11....
CopyCited 10 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 527
§ 3182 (1982); Unif. Criminal Extradition Act § 17, 11 U.L.A. 262 (1974); §
941.17, Fla. Stat. (1983);
CopyCited 9 times | Published | District Court, S.D. Florida | 16 Envtl. L. Rep. (Envtl. Law Inst.) 20, 1986 U.S. Dist. LEXIS 24920
...fendant hides into the United States was a violation of the Endangered Species Act, 16 U.S.C. § 1538(a)(1)(A) (1985), in that Caiman crocodilus yacare appears on the Endangered Species List of the Secretary of the Interior as published at 50 C.F.R. § 17.11....
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit | 42 Envtl. L. Rep. (Envtl. Law Inst.) 20091, 2012 WL 1319857, 74 ERC (BNA) 1545, 2012 U.S. App. LEXIS 7850
...dments required a
critical-habitat designation to accompany the listing of a species—the Secretary of
the Interior listed the Florida panther as an endangered species. Endangered
Species, 32 Fed. Reg. 4001 (Feb. 24, 1967) (codified at 50 C.F.R. § 17.11)....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit
...n endangered species in
2005; however, the listing excluded captive SRKWs. Endangered and Threatened
Wildlife and Plants: Endangered Status for Southern Resident Killer Whales, 70
Fed. Reg. 69,903-01, 69,911 (Nov. 18, 2005) (codified at 50 C.F.R. § 17.11).
In January 2013, PETA successfully petitioned the NMFS to recognize
Lolita as a protected SRKW and to remove the “captive member” exclusion from
the ESA....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...he parties has a living and undivorced spouse by a prior marriage, and that, since the second marriage is absolutely void, it can have no legal effect. In this connection she relies upon the following statement from 2A Nelson, Divorce and Annulment, § 17.11, at p....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...We reverse on all issues and remand for further proceedings.
I. BACKGROUND
In 1978, the United States Fish and Wildlife Service (Service) listed the loggerhead sea turtle
as a threatened species and the green sea turtle as an endangered species. See 50 C.F.R. § 17.11(h)
(1997).1 Adjoining the Atlantic Ocean for nearly forty miles in northeast Florida, Volusia County's
beaches play host to both humans and sea turtles....
...and ban beachfront artificial light sources that adversely impact sea turtles" violates the ESA's "take"
1
The green sea turtle is endangered in Florida and along the Pacific coast of Mexico. In all
other locations, it is "threatened." 50 C.F.R. § 17.11(h).
2
Daytona Beach and Daytona Beach Shores are the most urbanized beach communities.
We have omitted any discussion of the beach community of Silver Sands because
the parties do not specifically mention it in their briefs or the record....
...vant, repeated failure to cure deficiencies by
amendments previously allowed, undue prejudice to the opposing party by virtue of
28
The Service added the leatherback sea turtle to the endangered species list in June 1970. 50
C.F.R. § 17.11(h).
43
allowance of the amendment, futility of amendment, etc.—the leave sought should, as the
rules require, be "freely given."
Foman v....
CopyPublished | Court of Appeals for the Eleventh Circuit
mail in their absentee ballots. See Ala. Code § 17-11-9. The voter ID law also provides for the
CopyPublished | District Court, M.D. Florida
...16 U.S.C. § 3372 (a)(1), § 3373(d)(2). The ESA, in turn, empowers the Secretary of the Interior to promulgate regulations to protect threatened species and prohibits the violation of any such regulation. 16 U.S.C. § 1533 (d), § 1538(a)(1)(G). 50 C.F.R. § 17.11 (h) lists the American alligator as threatened due to similarity in appearance with other listed crocodilians, and a regulation promulgated under the ESA prohibits the taking and sale of American alligator eggs unless done in accordance with...
CopyPublished | Court of Appeals for the Eleventh Circuit
...We reverse on all issues and
remand for further proceedings.
I. BACKGROUND
In 1978, the United States Fish and Wildlife Service (Service) listed the loggerhead sea
turtle as a threatened species and the green sea turtle as an endangered species. See 50 C.F.R. §
17.11(h) (1997).1 Adjoining the Atlantic Ocean for nearly forty miles in northeast Florida,
Volusia County’s beaches play host to both humans and sea turtles....
...Beach.2 Female adult sea turtles come ashore in the spring, deposit eggs in the sand and return
1
The green sea turtle is endangered in Florida and along the Pacific coast of Mexico. In
all other locations, it is “threatened.” 50 C.F.R. § 17.11(h).
2
Daytona Beach and Daytona Beach Shores are the most urbanized beach communities.
2
to the ocean....
...son” for denying leave to
the Turtles failed to serve the interest of justice. First, the district court erroneously concluded
28
The Service added the leatherback sea turtle to the endangered species list in June
1970. 50 C.F.R. § 17.11(h).
45
that the Turtles failed to invoke subject matter jurisdiction....
CopyPublished | Court of Appeals for the Eleventh Circuit
...f, "even if [defendants] conducted a reasonably diligent inquiry outside the record, they still would not have learned any facts demonstrating the existence of the other unrecorded interests”); 4 Thomas E. Atkinson et al., American Law of Property § 17.11 at 567 (A....
CopyPublished | Court of Appeals for the Eleventh Circuit
mail in their absentee ballots. See Ala. Code § 17-11-9. The voter ID law also provides for the
