Franks v. Salazar

Starting in the mid-1970s, Mozambique’s population of African elephants went into sharp decline. The trend was mostly due to illegal poaching, but some elephants were killed by people who legally purchased licenses to hunt for sport. Three American hunters, Lawrence Franks, Steve Sellers, and George Brown (the hunters) (plaintiffs) each legally killed an elephant in Mozambique and sought to bring the bodies to the United States to display as trophies. However, the United States Fish and Wildlife Service (the agency) (defendant) forbade importation of the trophies, citing regulations promulgated pursuant to international agreements and the Endangered Species Act. The regulations required the import of trophies of an endangered species to serve a purpose that enhanced the survival of the species. Before issuing its final decision, the agency sought information from the government of Mozambique but was unable to determine whether the country had an official plan in place for the management of the African elephant population. The agency ultimately concluded that Mozambique lacked the resources to effectively manage a plan to promote a sustainable elephant population. The hunters sought review of the agency’s decision in the United States Court of Appeals for the District of Columbia. Both sides moved for summary judgment.