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Animal Welfare Inst. v. Martin, 09-2643

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By FindLaw Staff on October 20, 2010 3:53 PM

Denial of a permanent injunction against Maine state officials from using foothold traps to prevent incidental takes of Canadian lynx affirmed

Animal Welfare Inst. v. Martin, 09-2643, concerned a challenge to a district court's denial of plaintiffs' motion to enjoin Maine state officials from allowing the use of any foothold traps, claiming that the relief was necessary to prevent incidental takes of Canadian lynx, a threatened species, in these traps.

In affirming the denial of the motion, the court held that the district court's denial of a permanent injunction was not an abuse of discretion as plaintiffs failed to show irreparable harm because it did not prove that any single Canadian lynx has suffered serious physical injury or death from an incidental take in a foothold trap.  The court also held that the district court did not abuse its discretion in deciding not to issue a declaratory judgment.

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