I probably should have heard of this sooner, but it seems that the Ringling Brothers and Barnum & Bailey Circus is set to be in court tomorrow, being sued over its treatment of the elephants used in the circus. The American Society for the Prevention of Cruelty to Animals, Animal Welfare Institute, and the Fund for Animals are claiming, according to the New York Times,

the circus’s Asian elephants sleep and travel in cramped, filthy quarters and are routinely prodded, even bloodied, with special clubs or ‘bull hooks.’

The defendants, of course, claim this all to be nonsense and claim the animals are quite well cared for. Now, you may notice I’ve gone over the specifics of the case pretty quickly, because that all seems pretty cut and dry. The twist here is that the plaintiffs are suing the circus folk under the Endangered Species Act (ESA). The defendants (Ringling and co.) want the case thrown out, as they claim the ESA was never meant to concern animals already in captivity. As the Wall Street Journal Law Blog (not to be confused with the Bob Loblaw Law Blog) states,

The case…is a major test for the reach of the Endangered Species Act, which for the first time is being used by private citizens to try to influence the care of animals already in captivity.

Which adds a pretty interesting dimension to a case already steeped in legal and ethical implications. The same Law Blog quotes a Fancy Lawyer about the use of the ESA:

David Favre, a professor of animal law at Michigan State U. says, ‘The ESA until now has more or less dealt with nameless animals in the wild. This is the first time its dealing with wildlife in a captive situation.’

We’ll try and keep you updated on what happens. In the meantime, takepart to learn what Conservation International is doing to help protect endangered species.