Ringling Brothers and Barnum & Bailey Circus today announced that it will finally phase out the use of Asian elephants in its Circus. See New York Times. With the help of many animal advocates and elephant experts, the Firm has been working on this issue for many years and took the lead in representing a coalition of animal protection groups and Tom Rider, a former barn man for the Circus, in a lawsuit brought under the Endangered Species Act (ESA), contending that the Circus “takes” the endangered elephants – i.e., “wounds” and “harms them within the meaning of the ESA – by hitting them with sharp bull hooks to make them perform circus tricks, and by keeping them chained on concrete and other hard surfaces for many hours each day. Elephants are extremely social, intelligent animals, who, in the wild, walk many miles each day. Although the ESA case was dismissed in 2010 because the Judge found that none of the Plaintiffs had demonstrated adequate Article III standing – and hence he concluded that he did not have jurisdiction under the Constitution to decide the merits of the Plaintiffs’ claims of mistreatment – the evidence produced at the 7 week trial corroborated the plaintiffs' claims concerning the way that the elephants must be treated in order for them to participate in a traveling circus. Here is Katherine Meyer discussing this development on NPR.