|Center for Biological Diversity v. California Fish & Game Com'n||2008 WL 4055216 (Cal. App. 3 Dist.)||
The California Fish & Game Commission (Commission) rejected a petition by the Center for Biological Diversity (Center) to add the California tiger salamander to the Commission’s list of endangered species under the California Endangered Species Act (CESA), on grounds that the petition lacked sufficient information to indicate that the listing may be warranted. The Court of Appeal, Third District, California, held that the Trial Court did not err in directing the Commission to enter a decision accepting the Center’s petition, as inferences drawn from evidence offered in support of the petition clearly afforded sufficient information to indicate that listing action may be warranted. The Court found that information in the administrative record indicating that the salamander species “does not breed prolifically, is vulnerable to several significant threats, has lost most of its original habitat, and has been displaced by a hybrid from a significant portion of its range” was not outweighed by the Commission’s evidence and arguments regarding the introduction of artificial ponds which could provide increased breeding habitat, and the listing of the species under the Federal Endangered Species Act.
|Center for Biological Diversity v. Chertoff||Slip Copy, 2009 WL 839042 (N.D.Cal.)||
Plaintiff, the Center for Biological Diversity, brought an action against Defendant, the United States Coast Guard, alleging that Defendant violated the ESA by failing to consult with the NMFS to ensure that Defendant’s activities in the Santa Barbara Channel and other shipping lanes off the California Coast would not harm the continued existence of threatened and/or endangered species after Defendant amended Traffic Separation Schemes (“TSS”) and a number of blue whales were subsequently struck by ships and killed. On the parties’ cross motions for summary judgment, the United States District Court , N.D. California dismissed Plaintiff’s claims pertaining to Defendant’s implementation of or actions under the TSS in the approaches to Los Angeles – Long Beach and granted Defendant’s motion for summary judgment and denied Plaintiff’s motion for summary judgment with respect to Defendant’s alleged violations of the ESA arising out of Defendant’s implementation of or actions under the TSS in the Santa Barbara Channel.
|Center for Biological Diversity v. Haaland||--- F.3d ----, 2021 WL 2232487 (9th Cir. June 3, 2021)||This case is a challenge to a decision by the U.S. Fish and Wildlife Service ("Service") reversing its previous decision that the Pacific walrus qualified for listing as an endangered or threatened species under the Endangered Species Act of 1973 (“ESA”). In 2008, the Center for Biological Diversity (“Center”) petitioned the Service to list the Pacific walrus as threatened or endangered, citing the claimed effects of climate change on its habitat. In 2011, after completing a species status assessment, the Service issued a 45-page decision ("Decision") that found the listing of the Pacific walrus was warranted, but it declined to list the species because it found the need to prioritize more urgent listings. A settlement between the parties in 2017 required the Service to submit a proposed rule or a non-warranted finding. In May of 2017, the Service completed a final species assessment ("Assessment") that concluded some of the stressors to the species had "declined in magnitude" and the walruses had adjusted, which culminated in "a terse 3-page final decision that the Pacific walrus no longer qualified as a threatened species." As a result, in 2018, the Center filed this action alleging that the 2017 Decision violated the APA and ESA. The District Court granted summary judgement to the Service and this appeal followed. The Ninth Circuit first observed that, while the Assessment contains some new information, it does not explain why this new information resulted in an about-face from the Service's 2011 conclusion that the Pacific walrus met the statutory criteria for listing. The Service contends the appellate inquiry must be limited to the 3-page Decision document from 2017. However, the Court noted that a review of the reasons offered by the Service in its appellate briefing illustrates why the Court cannot conduct the required appellate review without reference to the previous Assessment. The agency's new policy contradicts its prior policy (the Decision document which was 40+ more pages longer than the Assessment and includes citations and other data). The Ninth Circuit now holds that the Service did not sufficiently explain why it changed its prior position. As a result, the Court reversed the district court's grant of summary judgment to the Service and remanded it to the District Court to direct the Service to provide a sufficient explanation of its new position.|
|Center for Biological Diversity v. Henson||Slip Copy, 2009 WL 1882827 (D.Or.)||
Defendants brought a motion to stay in an action brought by Plaintiffs seeking re-initiation of consultation under ESA with respect to the Oregon Department of Forestry’s Habitat Conservation Plan promulgated in 1995 and their Incidental Take Permit obtained in 1995, which allows incidental taking of Northern Spotted Owls for sixty years in connection with timber harvest in the Elliot State Forest. The United States District Court granted Defendants’ motion, finding that the potential harm and likelihood of damage to Plaintiffs if the action is stayed is low. The court also found that Defendants showed an adequate likelihood of hardship in having to go forward without a stay. The stay would likely result in the action ultimately becoming moot and/or at the very least greatly simplified, therefore saving judicial time and resources.
|Center for Biological Diversity v. Kempthorne||2008 WL 1902703 (N.D.Cal. 2008)||
Plaintiff Center for Biological Diversity (CBD) seeks to compel Defendants to perform their mandatory duty under the Endangered Species Act (ESA) to publish a final listing determination for the polar bear. Plaintiffs have filed a summary judgment motion seeking an injunction and declaratory judgment to this effect. The action began back in 2005 when CBD petitioned to list the polar bear as endangered under the ESA. Plaintiffs' action arises from Defendants' failure to issue a final listing determination and critical habitat designation by January 9, 2008-within one year of publication of the proposed rule-as required by the ESA (16 U.S.C. § 1533(b)(6)). Since Defendants missed this non-discretionary deadline, and there was no dispute of material fact, summary judgment was granted by the court.
|Center for Biological Diversity v. Kempthorne||2008 WL 4542947 (N.D.Cal.)||
Plaintiffs brought various claims against Defendants relating to Defendants’ final rule designating the polar bear as a threatened species under the Endangered Species Act (ESA), and Defendants’ promulgation of a special rule under section 4(d) of the ESA, allowing certain activities with respect to the polar bear that might otherwise be prohibited. The United States District Court, N.D. California tentatively granted a non-profit organization’s motion to intervene with respect to the action challenging Defendants’ section 4(d) rule as contrary to the ESA, finding that although the Organization did not show that the current Plaintiffs will not adequately represent the Organization’s interest, a decision for Defendants could jeopardize the Organization’s interests and the Organization’s motion was timely.
|Center for Biological Diversity v. Kempthorne||Slip Copy, 2008 WL 4543043 (N.D.Cal.)||
In an action alleging multiple violations of the Endangered Species Act (ESA), the Administrative Procedures Act (APA), and the National Environmental Policy Act (NEPA) pursuant to Defendants’ final rule designating the polar bear as threatened and promulgation of a special rule under section 4(d) of the ESA, Defendants Kempthorne and the United States Fish and Wildlife Service brought a motion to transfer the case to the United States District Court for the District of Columbia, Intervenor-Defendant Arctic Slope Regional Corporation brought a separate motion to transfer the case to the District of Alaska, and Intervenor-Defendant Alaska Oil and Gas Association filed a motion with the Judicial Panel on Multidistrict Litigation (MDL Panel) seeking to transfer the case to the D.C. District Court . The United States District Court, N.D. California denied the motion to transfer the case to the District of Alaska, and decided to take the motion to transfer to the District of Columbia into submission and rule on it once the MDL Panel has issued its decision on whether to transfer the case to the District of Columbia.
|Center for Biological Diversity v. Kempthorne||607 F.Supp.2d 1078 (D.Ariz.,2009)||
Cross motions for summary judgment on Plaintiffs’ claim against Defendants, the Secretary of the Interior and the U.S. Fish and Wildlife Service, alleging that the Secretary’s failure to designate critical habitat and prepare a recovery plan for the jaguar was unlawful under the ESA. The United States District Court, D. Arizona granted Plaintiffs’ motion in part and denied Plaintiffs’ motion in part, finding that Defendants’ determination that designation of a critical habitat would not be prudent must be set aside because it did not appear to be based on the best scientific evidence available as required by the ESA, and that Defendants’ determination not to prepare a recovery plan must also be set aside and remanded for further consideration because the determination was inconsistent with Defendants’ own policy guidance and long-standing practice concerning the distinction between foreign and domestic species.
|Center for Biological Diversity v. Lohn||483 F.3d 984 (C.A.9 (Wash.), 2007)||
This case questions whether the federal government's policy for listing killer whales under the Endangered Species Act is invalid. The Fish and Wildlife Service initially issued a proposed ruling that listing the Southern Resident was “not warranted” because the Southern Resident was not “significant” to its taxon. The district court set aside the Service's “not warranted” finding, and ordered the Service to reexamine whether the Southern Resident should be listed as an endangered species and to issue a new finding within twelve months. After again being challenged by plaintiff, the Service issued a final rule listing the Southern Resident as an endangered (as opposed to threatened) species. The Service contends that this case is now moot because it has, since the district court's decision, issued a proposed rule that recommended listing the Southern Resident as a threatened species and ultimately has issued a final rule listing the Southern Resident as an endangered species. This court agreed, and thus vacated the district court's order and remanded the case with instructions to dismiss the case as moot.
|Center For Biological Diversity v. Lohn||511 F.3d 960 (C.A.9 (Wash.), 2007)||
In this case, the court is asked to decide whether the federal government's policy for listing killer whales under the Endangered Species Act is invalid. The Center for Biological Diversity, along with eleven co-petitioners not parties to this appeal, petitioned the National Marine Fisheries Service to list the Southern Resident killer whale as an endangered species under the ESA. Initially, the Service issued a proposed ruling based on its DPS policy that concluded listing the Southern Resident was “not warranted” because the Southern Resident was not “significant” to its taxon. After the Center challenged this action, the district court set aside the Service's “not warranted” finding because it failed to utilize the best available scientific data when determining whether the Southern Resident was “significant” under that policy. Pursuant to the district court's order, the Service reexamined the listing petition and issued a proposed rule that recommended listing the Southern Resident as a threatened species. The Center appealed, and the Service issued a final rule listing the Southern Resident as endangered (as opposed to threatened). The Service contends that this case is now moot because it has ultimately issued a final rule listing the Southern Resident as an endangered species. This court agreed, finding that declaring the DPS Policy unlawful would serve no purpose in this case because the Service has listed the Southern Resident as an endangered species, the Center's ultimate objective.
|Center for Biological Diversity v. Lubchenco||758 F.Supp.2d 945 (N.D.Cal., 2010)||
In this civil action for declaratory and injunctive relief, the court found that Defendants did not violate the Endangered Species Act (“ESA”) in failing to list the ribbon seal as threatened or endangered due to shrinking sea ice habitat essential to the species’ survival. Defendants did not act arbitrarily and capriciously in concluding that the impact of Russia’s commercial harvest on the ribbon seal was low, that 2050 was the “foreseeable future” due to uncertainty about global warming and ocean acidification farther into the future, or its choice of scientific and commercial data to use. The Court denied Plaintiffs' Motion for Summary Judgment and granted Defendants' Cross-Motion for Summary Judgment.
|Center for Biological Diversity v. Morgenweck||351 F.Supp.2d (D. Co. 2004)||
The United States Fish and Wildlife Service completed a review of an environmental group petition that requested the Yellowstone cutthroat trout be listed as an endangered species. The United States Fish and Wildlife Service refused to list the fish as an endangered species and the environmental group brought an action to set aside the agency's findings. The District Court held in favor of the environmental group reasoning the agency's rejection of the petition was arbitrary and capricious and the review of the petition was not conducted properly.
|Center for Biological Diversity v. Norton||240 F.Supp.2d 1090 (D.Ariz. 2003)||
This lawsuit arises out of the Fish and Wildlife Service's ("FWS") designation of approximately 30% of the critical habitat originally proposed for the Mexican spotted owl (Strix occidentalis lucida ) under the Endangered Species Act ("ESA"). In analyzing the FWS's decision under both the standard of review for the APA and the deference afforded by the Chevron standard, the court found that the FWS's interpretation of "critical habitat" was "nonsensical." It is not determinative whether the habitat requires special management, but, pursuant to the ESA, it is whether the habitat is "essential to the conservation of the species" and special management of that habitat is possibly necessary. Thus, defendant's interpretation of the ESA received no deference by the court and the court found defendant's application of the ESA unlawful, as Defendant and FWS have been repeatedly told by federal courts that the existence of other habitat protections does not relieve Defendant from designating critical habitat. The court found that the FWS's Final Rule violated both the ESA and the APA in implementing its regulations.
|Center for Biological Diversity v. Salazar||Slip Copy, 2011 WL 6000497 (D.Ariz.)||
Plaintiffs filed action against Interior and FWS to set aside FWS's finding that the desert bald eagle does not qualify as a distinct population segment (“DPS”) entitled to protection under the Endangered Species Act (“ESA”). Plaintiff's motions for summary judgment was granted. The Court found that FWS' 12–month finding was based on the 2007 delisting rule, which failed to comport with the notice, comment, and consultation requirements of the ESA. The Court set aside the 12–month finding as an abuse of discretion.
|Center For Biological Diversity v. Scarlett||452 F.Supp.2d 966 (N.D.Cal., 2006)||
Plaintiffs Center for Biological Diversity, Sierra Nevada Forest Protection Campaign, Sierra Club, John Muir Project, Natural Resources Defense Council and Defenders of Wildlife move for an award of attorney fees and costs pursuant to § 11(g)(4) of the Endangered Species Act (ESA), 16 USC § 1540(g)(4), in connection with their efforts to have the California spotted owl listed as endangered. The Court denied the Center's motion
for attorney fees because they failed to realize the goals of their lawsuit.
|Center for Biological Diversity v. U.S. Fish & Wildlife Service||450 F.3d 930 (9th Cir. 2006)||
The issue in this case is whether the Endangered Species Act requires the United States Fish and Wildlife Service to complete formal designation of critical habitat for an endangered fish species , the threespine stickleback ("stickleback"), a small, scaleless freshwater fish, as an endangered species in 1970 under the Endangered Species Act ("ESA"), listed over thirty-five years ago. In 1990, the Bureau of Land Management ("BLM") awarded CEMEX, Inc., a contract to mine fifty-six million tons of sand and gravel from a location in Los Angeles County's Soledad Canyon. Although the mining would not take place within the stickleback's habitat, the project involves pumping water from the Santa Clara River and could cause portions of the river to run dry periodically. Parts of the Santa Clara River commonly dry out during the summer season, trapping stickleback in isolated pools. The Center for Biological Diversity ("CBD") filed suit in 2002, claiming that the Service violated the ESA by failing to complete the designation of critical habitat for the stickleback. In affirming the lower court's decision, the Ninth Circuit, held that it was not arbitrary and capricious for the Service to decide not to designate critical habitat for the stickleback. The Service was not required to ensure compliance with federal and state laws before issuing an ITS (incidental take statement) to CEMEX, and the district court did not abuse its discretion in striking extra-record exhibits offered to establish a new rationale for attacking the Service's decision.
|Center for Biological Diversity v. U.S. Fish & Wildlife Service||342 F.Supp.3d 968 (N.D. Cal. Sept. 21, 2018)||Center for Biological Diversity ("CBD") filed an action for declaratory and injunctive relief under the Endangered Species Act, seeking protection for the Pacific fisher (a medium-sized brown mammal in the weasel family found only in North America). All parties moved for summary judgment. The CBD was the party that submitted the original petition to list this distinct population segment as endangered in 2000 (after various petitions were filed since 1990 with no action). In 2014, the U.S. Fish & Wildlife Service (the "Service") publicly proposed to list the Pacific fisher as threatened and sought public comment. In April 2016, the Service withdrew the proposed listing, finding that: populations will persist in the future; wildfires will have beneficial consequences; there "may be" breeding and interchange with other populations; and there were only a small number of confirmed deaths due to toxicosis from anticoagulant rodenticides. Plaintiffs now challenge that listing reversal as arbitrary and capricious, and seek an order requiring the Service to publish a new rule within 90 days based on “the best scientific and commercial data available." This court first examined the effect of anticoagulant rodenticides on the Pacific fisher. The court found the Service's assessment of the increase of the emerging threat from toxicosis was arbitrary and capricious, and that the Service "cherry picked" the Gabriel study to say that the study was uncertain. As to population trends, the court found that the Service based its conclusion on limited and inconclusive trend data and ignored the studies' conclusions. In fact, the court stated, "[h]ere, the absence of conclusive evidence of Pacific fisher persistence does not stand alone. The Service does not dispute that the Pacific fisher population has declined dramatically." In the end, the court granted plaintiff CBD motion for summary judgment and denied defendant Service's motion. The court directed the Service to prepare a new rule by March 22, 2019 (which denied plaintiff's motion for a 90-day rule and also denied the Service's request to "brief the timeline in order to evaluate staffing and budget constraints").|
|Center for Biological Diversity, Defenders of Wildlife v. Kelly||--- F.Supp.3d ----, 2015 WL 1293338 (D. Idaho 2015)||Plaintiffs brought an action against the Defendants, challenging the U.S. Fish and Wildlife Service (“FWS”)'s November 28, 2012 Final Rule designating 30,010 acres in Idaho and Washington as critical habitat for the southern Selkirk Mountains population of woodland caribou under the Endangered Species Act (“ESA”). Specifically, plaintiffs alleged (1) that the Final Rule's critical habitat designation was arbitrary and capricious because the Defendants failed to explain how the limited amount of critical habitat designated was sufficient to recover this population of caribou and (2) that Defendants failed to provide public notice and comment on the substantially revised critical habitat designation before issuing the Final Rule. Defendants and Intervenors argued that the Final Rule satisfied the requirements of the ESA and the Administrative Procedures Act ("APA").While the district court stated that the Final Rule's analysis seemed reasonably based on the best available science, it refused to make a conclusive determination on the arbitrary and capricious issue because procedural requirements necessitated a further public review and comment period. The court therefore found the error in this case was a procedural one resulting from the FWS failing to provide a period of public review and comment on the Final Rule's critical change in reasoning. The Court therefore remanded this matter to the FWS to cure the procedural error by affording the necessary public comment period and to consider anew the critical habitat designation in light of those comments.|
|Central Park Sightseeing LLC v. New Yorkers for Clean, Livable & Safe Streets, Inc.||157 A.D.3d 28, 66 N.Y.S.3d 477 (N.Y. App. Div. 2017)||This New York cases balances animal right protestors' First Amendment rights against the government's interest in preserving public safety and flow of traffic on public streets. Plaintiff here is a business that operates horse-drawn carriage rides in Central Park. Defendant is an animal rights organization that protests the horse-and-carriage industry, often demonstrating where carriage operators drop off and pick up customers. At issue, is the manner in which defendants conduct their protests in the designated horse-drawn carriage zones. Plaintiff's claim defendants harass and threaten customers and drivers, and create a public safety issue by chasing after carriages. The court granted a preliminary injunction that enjoined defendants from things like physically blocking or impeding persons from riding or disembarking from carriages, physically touching associated persons or horses, yelling or shouting at persons or horses, obstructing the progress of a carriage ride, and handing literature to a person situated within a horse carriage. The court found the plaintiffs also established a likelihood of success on an action for public nuisance and a showing of a "special injury" aimed at plaintiff's business. Finding the injunction was content-neutral, this reviewing court then considered whether the challenged portions of the injunction burden speech no more than is necessary to assert the significant government interest. The court agreed with defendant that the "floating buffer zone" of the original order would be difficult for a protestor to assess and would burden speech more than is necessary. Thus, this court modified the order to prohibit any person from knowingly approaching within nine feet of a person in the loading/unloading carriage zone (a “conversational distance," said the court). The court also noted that the First Amendment does not require that protestors be allowed to interrupt the flow of traffic or endanger the public in the delivery of speech. The court also limited language in the original order that extended the reach of the injunction to “anyone else who becomes aware of this [d]ecision and [o]rder.” The court changed to this to defendants and “those acting in concert with the named parties” The order from the Supreme Court, New York County was modified as specified in this decision.|
|Cetacean Cmty. v. President of the United States||249 F. Supp. 2d 1206 (D.C. Hawaii, 2003)||Plaintiff, a community of whales, dolphins, and porpoises, sued Defendants, the President of the United States and the United States Secretary of Defense, alleging violations of the (NEPA), the (APA), the (ESA), and the (MMPA). The Plaintffs were concerned with the United States Navy's development and use of a low frequency active sonar (LFAS) system. The community alleged a failure to comply with statutory requirements with respect to LFAS use during threat and warfare conditions.|
|Cetacean Community v. Bush||386 F.3d 1169 (9th Cir. 2004)||
In this case, the court was asked to decide whether the world's cetaceans have standing to bring suit in their own name under the Endangered Species Act, the Marine Mammal Protection Act, the National Environmental Protection Act, and the Administrative Procedure Act. The Cetaceans challenge the United States Navy's use of Surveillance Towed Array Sensor System Low Frequency Active Sonar ("SURTASS LFAS") during wartime or heightened threat conditions. In finding that the Cetaceans lacked standing, the court here agreed with the district court in Citizens to End Animal Suffering & Exploitation, Inc., that "[i]f Congress and the President intended to take the extraordinary step of authorizing animals as well as people and legal entities to sue, they could, and should, have said so plainly." 836 F.Supp. at 49. In the absence of any such statement in the ESA, the MMPA, or NEPA, or the APA, the court concluded that the Cetaceans do not have statutory standing to sue.
|Chadd v. U.S.||794 F.3d 1104 (9th Cir. 2015)||The issue in this case was whether the United States may be sued under the Federal Tort Claims Act (FTCA) for the actions of the National Park Service (NPS) relating to a mountain goat that attacked and killed a Park visitor. Wife of the visitor, on her own behalf and as representative of his estate, sued the NPS, claiming officials breached their duty of reasonable care by failing to destroy the goat in the years leading up to her husband’s death. The District Court dismissed the case due to lack of subject matter jurisdiction. On appeal, the court sought to determine whether an exception to the FTCA’s waiver of sovereign immunity applied. The court found the NPS’s management policies manual did not direct or mandate the NPS to take action to kill the mountain goat, and thus the NPS's management of the goat fell within the discretionary function exception. Further, the NPS’s decision to use non-lethal methods to manage a mountain was susceptible to policy analysis, which fell within the discretionary exception as well. The lower court’s decision was therefore affirmed. Senior Circuit Judge Kleinfield filed a dissenting opinion.|
|Chalmers v. Diwell||74 LGR 173||
Defendant was an exporter of pet birds. He kept birds at a premises in the course of his business. Usually the birds remained on the premises for less than 48 hours before continuing their journey to their purchasers but on occasion birds had remained on the premises for up to 12 days. A magistrates' court acquitted him of keeping a pet shop without a licence (contrary to Pet Animals Act 1951, s.1). Prosecutor appealed. Result: appeal allowed. Held: even though the premises was being used as no more than a holding center, the defendant was carrying on from that premises a business of selling pets and the premises therefore required a pet shop license.
|Chambers v. Justice Court Precinct One||95 S.W.3d 874 (Tex.App.-Dallas, 2006)||
In this Texas case, a justice court divested an animal owner of over 100 animals and ordered that the animals be given to a nonprofit organization. The owner sought review of the forfeiture in district court. The district court subsequently dismissed appellant's suit for lack of jurisdiction. Under the Texas Code, an owner may only appeal if the justice court orders the animal to be sold at a public auction. Thus, the Court of Appeals held that the statute limiting right of appeal in animal forfeiture cases precluded animal owner from appealing the justice court order.
|CHAPMAN v. DECROW||93 Me. 378, 45 A. 295 (1899)||
In this Maine case, the defendant was found liable for trespass after he killed the plaintiff's dog. Defendant asserted that the dog was trespassing on his premises, and was “then, or had been immediately before the shooting, engaged, with two other dogs, in chasing and worrying his domesticated animals, to wit, tame rabbits." As a result, he claimed that the killing was justified. This court first disagreed with defendant's claim that an unlicensed dog is not property because it constitutes a nuisance. This court found that, by the common law, a dog is property, for an injury to which an action will lie. Moreover, the statute to which defendant claims authority to kill an unlicensed dog only allows a constable to do so after a proscribed lapse.
|Chase v. State||448 S.W.3d 6 (Tex. Crim. App. 2014)||Appellant and his wife were walking their two dogs when two neighbor dogs attacked the group. After the attack, appellant slashed the attacking dog's throat with a knife, which resulted in the dog's death. Appellant was then charged with and convicted of cruelty to non-livestock animals under Texas law. The appellant appealed to the Texas Court of Appeals and the case was reversed and remanded. The State filed a petition for discretionary review with the Court of Criminal Appeals. The issue before that court was whether § 822.013(a) of the Texas Health and Safety Code, a non-penal code, provided a defense to criminal prosecution. The court held that § 822.013(a)—which allows an attacked animal's owner or a person witnessing an attack to kill a dog that is attacking, is about to attack, or has recently attacked a domestic animal—is a defense against cruelty to non-livestock animals. The judgment of the Court of Appeals was therefore affirmed. The dissenting opinion disagreed. The dissent argued the goal of this statute was to protect farmers and ranchers against the loss of their livelihood by allowing them to protect their livestock from attacking dogs without fear of liability to the dog's owner, not to allow individuals in residential neighborhoods to kill a neighbor's dog after an attack with criminal impunity.|
|Chavez v. Aber||122 F. Supp. 3d 581 (W.D. Tex. 2015)||Plaintiffs sought damages stemming from Defendants' refusal to accommodate Plaintiffs’ minor son's mental health disabilities by allowing Plaintiffs to keep a mixed-breed pit bull as an emotional support animal in their rented duplex. Plaintiffs asserted (1) housing discrimination under the Federal Housing Act (“FHA”), (2) unlawful retaliation under the FHA, (3) discrimination under the Texas Fair Housing Act (“TFHA”), and (4) unlawful retaliation under § 92.331 of the Texas Property Code. Defendants filed the Motion, seeking dismissal of the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The court found Plaintiffs had adequately pleaded all claims and denied the Defendant’s motion to dismiss.|
|Chee v. Amanda Goldt Property Management||50 Cal.Rptr.3d 40 (Cal.App. 1 Dist., 2006),||Plaintiff, Lila Chee, a resident and owner of a condominium unit, appealed from a judgment entered in favor of all defendants on her complaint seeking damages for personal injuries she suffered when a dog belonging to Olga Kiymaz, a tenant of another unit in the same complex, jumped on Chee. In affirming the lower court's award of summary judgment, this court held that the landlord had no duty in absence of landlord's actual knowledge of dog's dangerous propensities. Further, the landlord was not liable to owner for nuisance. Finally, the condominium covenants, conditions, and restrictions (CC&R's) did not impose vicarious liability on landlord.|
|Christensen v. Lundsten||863 N.Y.S.2d 886, 2008 WL 4118071 (N.Y.Dist.Ct.)||
In this New York case, the parent of child injured by a dog brought an action seeking to have the dog declared a “dangerous dog” under the relevant law. The Court conducted a trial of the “dangerous dog” petition filed and rendered an oral decision that declared the respondents' Chesapeake Bay Retriever “Nellie” to be a dangerous dog under New York Agricultural and Markets Law § 121. The parties contested the appropriateness of a finding of “negligence” and “strict liability” and the entry of judgment. The District Court held that the court would not resolve issue of negligence because the issue was not properly joined for disposition; however, the owners were strictly liable for child's unreimbursed medical expenses.
|Christian v. Petco Animal Supplies Stores, Inc.||54 A.D.3d 707 (N.Y.A.D. 2 Dept., 2008)||
This New York case consists of an action to recover damages for personal injuries. The plaintiffs appeal the granting of the motion of the defendant for summary judgment dismissing the complaint insofar as asserted against him and the cross motion of the defendants Petco. The infant plaintiff allegedly sustained personal injuries when she was bitten by a dog owned by the defendant Kenneth Coughlin at a Petco store. The court held that the evidence submitted established that the defendants were not aware that this dog had ever bitten anyone or exhibited any aggressive behavior.
|Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah||508 U.S. 520 (1993)||
Local ordinance prohibiting animal sacrifices under the guise of an anti-cruelty concern was an unconstitutional infringement on church's First Amendment rights because (1) ordinances were not neutral; (2) ordinances were not of general applicability; and (3) governmental interest assertedly advanced by the ordinances did not justify the targeting of religious activity.
|Cisneros v. Petland, Inc.||972 F.3d 1204 (11th Cir. 2020)||Plaintiff Cisneros purchased a Shih Tzu puppy named "Giant" from Petland Kennesaw, a Kennesaw, Georgia franchise of Petland, Inc. She received a certificate of "veterinary inspection" and a limited health guarantee at the time of purchase. Several days later, problems arose with the puppy and she brought the dog back to the Petland affiliated veterinarian who prescribed antibiotics without making a diagnosis. Shortly thereafter, an emergency pet visit revealed the dog suffered from parvovirus. Cisneros called Petland who told her to take the dog back to the Petland vet if she wanted a refund. She did so and the dog died several days later. Because the State of Georgia requires reporting of parvovirus, Cisneros received a report after the dog died, but she learned the dog's organs had been removed (an uncommon post mortem practice). As a result, plaintiff alleged that actions were the intended result of a nationwide conspiracy involving Petland and its affiliates to sell unhealthy puppies from "puppy mills" where health conditions are rubber stamped by a network of "preferred veterinarians" and buyers are deceived by sales documents that distract from the fraud. Plaintiff broadly asserted three claims: (1) a violation of the federal RICO statute, 18 U.S.C. § 1962(c); (2) a conspiracy to violate the federal RICO statute, 18 U.S.C. § 1962(d); and (3) with respect to a Georgia subclass of persons who purchased a cat or dog from a Petland franchise in Georgia from July 2013 to the present, a violation of Georgia's state RICO statute, O.C.G.A. § 16-14-4. The district court dismissed Cisneros's federal causes of action for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6), and declined to exercise supplemental jurisdiction over her remaining state-law claim, pursuant to 28 U.S.C. § 1367(c). After applying the six-fold test for a private plaintiff suing under the civil provisions of RICO, this Court found chiefly that Cisneros has alleged no facts that plausibly support the inference that the defendants were collectively trying to make money in pet sales by fraud, which is a common purpose sufficient to find a RICO enterprise. Cisneros was required to allege not just that Petland Kennesaw had a fraudulent purpose, but that it was a common purpose, formed in collaboration with Petland, PAWSitive, and the preferred veterinarians. In the end, Cisneros has alleged only that Petland operates a franchise business like any other franchisor. Even assuming that Cisneros has adequately pled fraud on the part of Petland Kennesaw, she has not alleged that its predicate acts constituted a pattern of racketeering activity. The action was affirmed in part, and vacated and remanded in part.|
|Citizens for Alternatives to Animal Labs, Inc. v. Board of Trustees of State University of New York||92 NY2d 357 (NY, 1998)||
Citizens wanted access to University records dealing with biomedical research using cats and dogs. These records were created, as required by federal Law, but access to the records was requested under state law. According to the New York Freedom of Information Act (FOIL), documents held by an “agency” should be disclosed. The lower Appellate Division held that s ince the University did not fall under the definition of “agency" under New York Public Officers Law, it was not required to turn over such documents. The New York Court of Appeals, however, found that the Appellate Division's rationale for denying FOIL disclosure was inconsistent with precedent, and that the legislative goal behind FOIL of was liberal disclosure, limited only by narrowly circumscribed specific statutory exemptions. Thus, in reversing the Appellate Division's decision, the Court of Appeals held that the records were subject to disclosure.
|Citizens for Balanced Use v. Maurier||303 P.3d 794 (Mont. 2013)||
Upon the Montana Department of Fish, Wildlife, and Parks’s decision to relocate a brucellosis-free herd of bison out of Yellowstone National Park and into tribal lands, plaintiffs sought an injunction to halt this movement until the department complied with MCA § 87-1-216. The District Court granted the plaintiffs a preliminary injunction. Upon appeal by defendants and defendant intervenors, however, the Supreme Court of Montana held that MCA § 87-1-216 did not apply and that the District Court relied on erroneous grounds for issuing a preliminary injunction under MCA § 27-19-201(2). The case was therefore reversed, the preliminary injunction vacated and the case was remanded back to the District Court.
|Citizens for Better Forestry v. U.S. Dept. of Agriculture||632 F.Supp.2d 968 (N.D.Cal.,2009)||
Plaintiffs Citizens for Better Forestry brought an action against Defendant U.S. Department of Agriculture alleging failure to adhere to certain procedures required by NEPA and the ESA after Defendant promulgated regulations governing the development of management plans for forests within the National Forest System upon preparation of an allegedly insufficient Environmental Impact Statement and without preparation of a Biological Assessment or consultation with the Fisheries and Wildlife Service or the National Marine Fisheries Service. On parties’ cross motions, the United States District Court granted Plaintiffs’ motion for summary judgment and denied Defendant’s motion for summary judgment, finding that Plaintiffs had standing, that Defendant did not comply with its requirements under the NEPA because the Environmental Impact Statement prepared by Defendant did not adequately evaluate the environmental impacts of the proposed regulations, and that Defendant did not comply with its requirements under the ESA because Defendant did not prepare an adequate Biological Assessment.
|Citizens for Responsible Wildlife Management v. State||71 P.3d 644 (Wash. 2003)||
A citizen groups filed a declaratory judgment action against the State of Washington seeking a determination that the 2000 initiative 713 barring use of body-gripping traps, sodium fluoroacetate, or sodium cyanide to trap or kill mammals was unconstitutional. The Supreme Court found that appellants did not show beyond a reasonable doubt that Initiative 713 violated the constitution, and thus affirmed the superior court's denial of the summary judgment motion. The court also held that the initiative was exempt from the constitutional provision prohibiting legislation that revises or amends other acts without setting them forth at full length.
|Citizens to End Animal Suffering and Exploitation v. The New England Aquarium||836 F. Supp. 45 (1993)||
The primary issue addressed by the court was whether a dolphin, named Kama, had standing under the MMPA. The court found the MMPA does not authorize suits brought by animals; it only authorizes suits brought by persons. The court would not impute to Congress or the President the intention to provide standing to a marine mammal without a clear statement in the statute.
|CITIZENS' RAPID-TRANSIT CO. v. DEW||45 S.W. 790 (Tenn. 1898)||
In 1898, this court affirmed a verdict for $200 after defendant train killed plaintiff’s dog. The Court reasoned that, "Large amounts of money are now invested in dogs, and they are extensively the subjects of trade and traffic. They are the negro's associates, and often his only property, the poor man's friend, and the rich man's companion, and the protection of women and children, hearthstones and hen roosts. In the earlier law books it was said that "dog law" was as hard to define as was "dog Latin." But that day has passed, and dogs have now a distinct and well established status in the eyes of the law."
|Citizens' Rapid-Transit Co. v. Dew||45 S.W. 790 (Tenn.1898)||
This is an action for negligently injuring and killing a dog by the driver of a streetcar. The Supreme Court of Tennessee affirmed a verdict for $200 after defendant train killed plaintiff’s dog. The Court reasoned that since large amounts of money are now invested in dogs, and since they are regarded as companions to many in society, they now have "a distinct and well established status in the eyes of the law." Thus, the owner of a dog has property rights in that dog to maintain an action at law. The Supreme Court of Tennessee found that the defendant company was guilty of negligence in the killing of Dew's dog, that his death could have been prevented by the exercise of proper care and diligence.
|City of Armidale v Kiraly|| WASC 199||
The respondent, an owner of a brindle boxer dog, was charged with the dog attacking a person and for having the dog in a public place without a leash. The dog had escaped from the respondent's house and allegedly ran to and lunged at a lady delivering pamphlets. On appeal, the question of whether the dog's behaviour constituted an 'attack' for the purposes of the Dog Act 1976 (WA) s 33D(1) was a question of fact to be determined by the trial judge and, accordingly, the appeal was dismissed.
|City of Boston v. Erickson||877 N.E.2d 542 (Mass.2007)||
This very short case concerns the disposition of defendant Heidi Erickson's six animals (four living and two dead) that were seized in connection with an animal cruelty case against her. After Erickson was convicted, the city withdrew its challenge to the return of the living animals and proceeded only as to the deceased ones. A single justice denied the city's petition for relief, on the condition that Erickson demonstrate “that she has made arrangements for [t]he prompt and proper disposal [of the deceased animals], which disposal also is in compliance with health codes.” Erickson challenged this order, arguing that it interfered with her property rights by requiring her to discard or destroy the deceased animals. However, this court found no abuse of discretion, where it interpreted the justice's order to mean that she must comply with all applicable health codes rather than forfeit her deceased animals.
|City of Canton v. Harris||489 US 378 (1989)||
Detainee brought civil rights action against city, alleging violation of her right to receive necessary medical attention while in police custody. The Supreme Court held that inadequacy of police training may serve as basis for § 1983 municipal liability only where failure to train amounts to deliberate indifference to rights of persons with whom police come into contact.
|City of Cleveland v. Lupica||2004 WL 2340639 (Ohio, 2004)||
Defendant plead no contest to failure to confine and insure her dog after her pit bull attacked a mail carrier. The trial court's decision to have the dog turned over to the city and destroyed was reversed. The Court of Appeals found Defendant's no contest plea was not entered knowingly, intelligently or voluntarily.
|City of Cleveland v. Turner||--- N.E.3d ----, 2019 WL 3974089 (Ohio Ct. App., 2019)||Defendant was convicted by bench trial of one count of sexual conduct with an animal (bestiality) in violation of R.C. 959.21(B). He was sentenced to 90 days in jail (with credit for time served), a $750 fine, with five years of inactive community control that included no contact with animals and random home inspections by the Animal Protection League (APL). The evidence supporting his conviction came from explicit letters defendant wrote to his boyfriend (who was incarcerated at the time) that described acts of bestiality. Defendant was also a sex offender parolee at the time of the letter writing. The letter, which was intercepted by jail officials, recounted a sexual act defendant engaged in with a dog that was under his care. Other similarly explicit letters were entered as evidence. In addition to the letters, the dog's owner testified that she left her dog with defendant and, after picking up the dog, the dog's behavior markedly changed from friendly to anxious and afraid. In addition, the dog was skittish for many days after, licked her genitals excessively, and was uncomfortable with any person near her backside, including the veterinarian. On appeal, defendant contends that the court erred by admitting his extrajudicial statements without independent evidence of a crime. Specifically, defendant contends the city failed to establish the corpus delicti to permit introduction of his purported confession. The court noted that this was a case of first impression since there is no Ohio case law that has analyzed the corpus delicti issue in the context of R.C. 959.21. Relying on the Indiana case of Shinnock v. State, 76 N.E.3d 841 (Ind.2017), this court found that while there was no direct evidence of a crime against the dog, the circumstantial evidence corroborates defendant's statements in his letter. The corpus delicti rule requires that the prosecution supply some evidence of a crime to admit the extrajudicial statements. Here, the city did that with the dog owner's testimony concerning the dog's altered behavior after being left alone with defendant. The court also found the evidence, while circumstantial, withstood a sufficiency of evidence challenge by defendant on appeal. On the issue of sentencing and random home inspections as a condition of his community control sanctions, the court found that the trial court did not have "reasonable grounds" to order warrantless searches of real property for a misdemeanor conviction. The finding of guilt for defendant's bestiality conviction was affirmed, but the condition of community control sanction regarding random home inspections was reversed and remanded.|
|City of Columbiana v. Simpson||--- N.E.3d ----, 2019 WL 4897158 (Ohio Ct. App., 2019)||Richard G. Simpson, Appellant, lived in a residential district in Columbiana, Ohio. Simpson kept eight hens, a chicken coop, and an enclosure on his property for approximately seven years. On July of 2016, Simpson was informed that keeping chickens in the district he lived in was a zoning violation, however, Simpson found no prohibition in the Code regarding the keeping of chickens in a residential district. The city sent Simpson violation notices and instructed him to remove the chickens from the property. Simpson appealed the violation to the Planning Committee. On June 20, 2017 the City Council voted to place a resolution on the ballot for voters to decide whether chickens could be kept in residential districts. The resolution failed at the general election. A second notice was sent to Simpson and Simpson refused to remove the chickens from his property. The City instituted an action for declaratory judgment and injunctive relief on March 13, 2018. The trial court held that the keeping of chickens was prohibited in the City’s residential districts and that the city ordinances were valid on their face and were not arbitrarily or capriciously applied. Simpson appealed. Simpson argued that keeping the chickens did not constitute an agricultural use or poultry husbandry because he kept them as a hobby and therefore does not violate any of the city ordinances. The Court did not agree and concluded that the keeping of chickens fell within the definition of agriculture and was, therefore, prohibited based on the ordinances. Simpson next argued that since he acquired the chicken and coop prior to the City applying the prohibitions, it was a legal non-conforming use and that the zoning code contained no language that would have put him on notice that such property was not permitted on his real property. The Court concluded that there was no error by the trial court in holding that Simpson’s use of his land was not a legally conforming use. Finally, Simpson argued that the one of the city ordinances was arbitrary and unreasonable because there was no evidence of the chickens, coup, or enclosure constituting a nuisance. The Court concluded that a city is not required to show that a property owner’s proposed use constitutes a nuisance in order to establish the constitutionality of the ordinance. The Court found that the ordinance was neither arbitrary nor unreasonable and bears a substantial relation to the public health. The ordinance was a valid exercise of the City’s police power. The Court ultimately held that the City ordinance prohibited the keeping of chickens in residential districts. The prohibition was inferred from reading the ordinance in concert with other Code sections. The judgment of the trial court was affirmed.|
|City of Delray Beach v. St. Juste||989 So.2d 655 (Fla.App. 4 Dist. 2008)||In this Florida case, the city of Delray Beach appealed from a judgment for damages in favor of appellee plaintiff, who was injured by two loose dogs. The theory of liability was based on the city's knowledge, from prior complaints, that these dogs were loose from time to time and dangerous. The plaintiff suggested that the city's failure to impound the dogs after prior numerous complaints contributed to the attack. The court concluded that decisions made by the city's animal control officer and police to not impound the dogs were discretionary decisions, and therefore the city was immune.|
|City of Delray Beach v. St. Juste||989 So.2d 655 (Fla.App. 4 Dist.,2008)||
In this Florida case, the city of Delray Beach appeals a judgment for damages in favor of plaintiff, who was injured by two loose dogs. Plaintiff was attacked and severely injured by two large dogs owned by a resident of Delray Beach, when the dogs escaped from the resident's fenced yard. The theory of liability was based on the city's knowledge, from prior complaints and an actual visit by an animal control officer, that these dogs were loose from time to time and dangerous. This court agreed with the city, finding that the decision of an animal control officer was discretionary and therefore immune from liability under these circumstances.
|City of Garland v. White||368 S.W.2d 12 (Tex. Civ. App. 1963).||
Police officers were trespassers and could be held civilly liable for damages when they entered a dog owner's property with the intent to unlawfully kill the dog. Reports had been made that the dog was attacking other animals but because the attacks were not imminent, in progress, or recent, the killing of the dog was not lawful.
|City of Houston v. Levingston||Not Reported in S.W.3d, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.))||
A city veterinarian who worked for the Bureau of Animal Regulation and Care (BARC) brought an action against the city, arguing that he was wrongfully terminated under the Whistleblower’s Act. The vet contended that he reported several instances of abuses by BARC employees to the division manager. In upholding the trial court’s decision to award Levingston over $600,000 in damages, the appellate court ruled the evidence was sufficient to support a finding that the veterinarian was terminated due to his report . Contrary to the city’s assertion, the court held that BARC was an appropriate law enforcement authority under the Act to report violations of section 42.09 of the Texas Penal Code committed by BARC employees. Opinion Withdrawn and Superseded on Rehearing by City of Houston v. Levingston , 221 S.W.3d 204 (Tex. App., 2006).
|City of Houston v. Levingston||221 S.W.3d 204 (Tx.App.-Hous.(1 Dist.) 2006)||
This opinion substitutes City of Houston v. Levingston, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.)), which is withdrawn.