Explain how you located the resource that addresses the question and cite that resource in proper Bluebook format:
Spend & Save is claiming that our client lacks standing to seek an injunction under the ESA. First, we need to confirm that Pinewood Neighborhood Association is a "person" under the ESA.
I remember reading about a recent Maryland district court case that deals with standing for a nonprofit community organization in an ESA citizen-suit.I think the case has Animal Welfare Institute in the name. Please find that case.
1. The same Maryland case also addresses the standard of proof, i.e., the degree of certainty of "harm" required to prevail in a citizen-suit under the "take" provision (Section 9) of the ESA. What standard did the Maryland district courtadopt? Which 9th Circuit decision did it follow?
2. Is the Animal Welfare Institutecase still good law? How can you tell?
3. The Animal Welfare Institutecase concerned Indiana bats.In my initial research, I ran across a law review article that discusses the case. I believe the article has "bats" in the title. Find it.
4. Find the Oil Spilldecision (district court from the 5th Circuit) that cites the Animal Welfare Institute case. What werethe two reasons the court granted the defendants' motion to dismiss?
5. Spend & Save is also claiming that Pinewoods Neighborhood Association cannot demonstrate injury to its members caused by any harm that may befall the red-cockaded woodpecker. In Fox v. Palmas Del Mar Props., Inc., 620 F.Supp.2d 250 (D.P.R. 2009),the court found the desire to observe an animal species, even for purely esthetic purposes,sufficient for standing in a citizen suit under the Endangered Species Act (ESA).What isthe West Topic & Key Number assigned to that legal issue?
6. Using that West Topic & Key Number, search for more Endangered Species Act cases that address this legal issue. Find the Maine (1st Circuit) Animal Welfare Institute case.
7. Staying in Westlaw and usingthe case found in Question 1, find an A.L.R.that discusses thestandingrequired in citizen suits.