Loggerhead Turtle v. County Council of Volusia County, Florida
United States Court of Appeals for the Eleventh Circuit
148 F.3d 1231 (1998)
- Written by Tammy Boggs, JD
Facts
Two varieties of sea turtles were endangered or threatened species under the Endangered Species Act (ESA). In the spring, the turtles would lay their eggs in the sand of a 40-mile stretch of beach in Volusia County, Florida (the county) (defendant). Later, guided by moonlight, the sea-turtle hatchlings would endeavor to reach the ocean, but artificial-light sources would disorient or misorient them. The county allowed nighttime beach driving and beachfront artificial-light sources. Several citizens and turtle species (citizens) (plaintiffs) sued the county under the ESA, primarily seeking injunctive relief to stop beach driving and beachfront artificial-light sources that adversely impacted sea turtles. While the lawsuit was pending, the county obtained an incidental-take permit (ITP) from the Fish and Wildlife Service (FWS) that authorized 11 types of incidental takes of sea turtles relating to beach driving but only mentioned beachfront lighting in the context of mitigation measures to reduce the impact to sea turtles from vehicles and vehicle headlights. The county argued that the mention of beachfront lighting in the ITP as a mitigation measure was intended to exempt that activity from the ESA’s prohibition on taking. The district court agreed and dismissed the citizens’ suit. The citizens appealed.
Rule of Law
Issue
Holding and Reasoning (Hatchett, C.J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
