Texas Sanctuary Must Face Claims That it Killed, Harmed Tigers

An animal sanctuary in Tyler, Texas, must face Endangered Species Act claims that it unlawfully possessed tigers, lions and other protected animals and then subjected them to inhumane conditions, a federal judge ruled.

Animal Legal Defense Fund sued National Foundation for Rescued Animals, also known as Tiger Creek, alleging that the 173-acre preserve unlawfully possessed the animals and then “eviscerated” the big cats’ population through bad management and veterinary care.

Tiger Creek attempted to dismiss the three ESA claims, arguing that the nonprofit doesn’t have standing to bring them. ALDF had argued that several of its members have a connection with the animals at Tiger Creek, and are harmed by the refuge’s mismanagement of them.

Judge Jeremy D. Kernodle of the US District Court for the Eastern District of Texas agreed that ALDF didn’t suffer any injury from its allegation that Tiger Creek unlawfully transported the protected animals across state lines, as an injunction wouldn’t redress the injury.

But ALDF has standing to bring its claims that the refused unlawfully possessed the animals and then harmed them, Kernodle said. ALDF alleged that Tiger Creek has injured or killed at least nine big cats in the past five years and failed to provide appropriate veterinary care to wounded animals, which is sufficient to allege injury, the judge said.

ALDF is represented by itself, Dykema Gossett PLLC, and Dykema Cox Smith. Tiger Creek is represented by Fox Rothschild LLP.

The case is Animal Legal Def. Fund v. Nat’l Found. for Rescued Animals, E.D. Tex., No. 6:22-cv-00097, 12/9/22.