|Carver v. Ford
|591 P.2d 305 (Okla. 1979)
The owners rented a stall from the tort victim for their heifer. The heifer escaped into the yard and crashed into a gate whereupon the gate then hit the tort victim in the mouth and broke several teeth. The Supreme Court of Oklahoma held that the heifer was not running at large, that the heifer escaped from its stall through no fault of the owners, that strict liability for trespass under Okla. Stat. tit. 4. sec. 98 (1965) was not applicable, and that any liability of the owners was required to be predicated upon negligence.
|Cascadia Wildlands v. Dep't of Fish and Wildlife
|455 P.3d 950 (Or.App., 2019)
|Oregon Fish and Wildlife Commission ("Respondent") removed the species Canis lupus (gray wolf) from the list of species protected under the Oregon Endangered Species Act (OESA). Cascadia Wildlands, Center for Biological Diversity, and Oregon Wild ("Petitioners") sought judicial review of the amendment to Oregon law. The Petitioners contended that the decision to delist exceeded the commission’s statutory authority and did not comply with applicable rulemaking procedures. After the Petitioners filed their petition, the Oregon legislature passed House Bill 4040 which ratified the administrative rule that the Respondent promulgated delisting the gray wolf. The Respondents argued that the passage of the bill made the Petitioners' petition for judicial review moot. The Petitioners argued that the Oregon law ratifying the administrative rule had no legal effect and was merely an expression of legislative agreement. The Court held that the legislature using the word “ratify” in the statute indicated that they intended to confirm that the Commission’s rule delisting the gray wolf was legally satisfied, therefore, rendering judicial review moot. The Petitioners also contended that the statute violated the separation of powers because the statute performed an entirely judicial function by neither appealing nor amending the statute. Petitioners asserted that evaluating whether a particular agency satisfied requirements of law is a fact-specific inquiry which is reserved for the court. The Court held that the statute did not violate the separation of powers. The Court ultimately held that the Petitioners' rule challenge was moot. The petition for judicial review was ultimately dismissed.
|Casillas v. Schubauer
|714 N.W.2d 84 (2006)
Ramona Casillas and Delora Stickelman brought this negligence action after suffering injuries when Casillas' vehicle collided with an eighteen-hundred pound Black Angus bull owned by Ted Schubauer. The appellate court reversed the trial court's grant of summary judgment and remanded the action for trial. The court held that, under these circumstances, a genuine issue of material fact exists as to whether Schubauer could have reasonably anticipated the black bull would escape and stray onto Highway 83 where Schubauer knew the black bull escaped from a corral when confined with another bull on a prior occasion. Further, the court found there is a split of authority as to whether and to what extent the doctrine of res ipsa loquitur applies to cases involving collisions between motorists and domestic animals. Therefore, it is for the circuit court to determine whether Casillas and Stickelman are entitled to an instruction on res ipsa loquitur in light of the substantive law and the evidence at trial.
|CASO 02437-2013 JANE MARGARITA CÓSAR CAMACHO Y OTROS CONTRA RESOLUCION DE FOJAS 258
|Plaintiff, a blind woman, brought a constitutional grievance against the decision issued by the Fifth Civil Chamber of the Superior Court of Justice of Lima on January 15, 2013. This decision denied the action of protection after Defendants denied entry of Plaintiff's guide dog at their supermarkets. The Constitutional Tribunal ordered that the blind were allow to enter to the supermarkets with their guide dogs.
|Castillo Condominium Ass'n v. U.S. Dept. of Housing and Urban Development
|821 F.3d 92 (1st Cir. 2016)
|In 2010, the Castillo Condominium Association learned that Carlo Giménez Bianco (Giménez), a condominium resident, was keeping a dog on the premises and warned him that he would be fined unless he removed the dog. Giménez, who suffered from anxiety and depression, advised the board of directors that he planned to keep his emotional support dog and that he was entitled to do so under federal law. As a result of the conflict, Giménez was forced to vacate and sell his unit and he filed a complaint of disability discrimination with the Department of Housing and Urban Development (HUD). HUD filed a charge of discrimination against the Association under the Fair Housing Act. An administrative law judge (ALJ) concluded that the Association had not violated the Act because Giménez failed to prove by a preponderance of the evidence that he suffered from a mental impairment. The ALJ’s decision was appealed to the Secretary, who found that Gimenez suffered from a cognizable disability. The Court of Appeals, First Circuit, held that substantial evidence supported the Secretary's finding that the Association's refusal to allow Gimenez to keep an emotional support dog in his condominium unit as a reasonable accommodation for his disability violated the Fair Housing Act. The Association’s petition for review was denied and the Secretary’s cross petition was granted.
|Caswell v. People
|536 P.3d 323 (Colo., 2023)
|This case concerns several charges of animal cruelty against petitioner Caswell. A welfare check was conducted by a deputy at the Lincoln County Sheriff’s office in response to a report on Ms. Caswell. After two welfare checks were conducted, the deputies executed a search warrant at the Caswell residence, resulting in the seizure of sixty animals. These animals lacked sufficient food or water, were kept in enclosed spaces filled with feces and urine, and many of the animals were underweight or had untreated medical problems. Respondent, the People of the State of Colorado, charged Ms. Caswell with forty-three class six counts of cruelty to animals, which were charged as felonies because Ms. Caswell had prior convictions of misdemeanor animal cruelty on her record. The jury found Caswell guilty of all forty-three counts and sentenced her to eight years of probation, forty-three days in jail, and forty-seven days of in-home detention. An appeal followed and the holding was affirmed. Petitioner filed for certiorari and the Supreme Court of Colorado granted. Here, petitioner argues that the use of her prior convictions for animal cruelty to enhance her charges to felonies violates the Sixth Amendment and article II of the Colorado Constitution. The court first considered whether the legislature meant to make the statutory provision used to enhance Caswell’s sentence as an element versus a sentence enhancer. The court here listed five factors to consider whether a fact is an element or sentencing factor: (1) the statute's language and structure, (2) tradition, (3) the risk of unfairness, (4) the severity of the sentence, and (5) the statute's legislative history. Four of these five factors signaled a legislative intent to designate it a sentence enhancer, so the court concluded that the legislature intended to designate the fact of prior convictions as a sentence enhancer rather than an element. The court also concluded that the sentence did not violate the Sixth Amendment or article II of the Colorado Constitution, and affirmed the holding of the lower court.
|Cat Champion Corp. v. Jean Marie Primrose
|149 P.3d 1276 (Or. Ct. App. 2006)
A woman had 11 cats which were in a state of neglect and were taken away from her and put with a cat protection agency. Criminal charges were dropped against the woman when it was found she was mentally ill and incapable of taking care of herself or her cats. The court found it could grant the cat protection agency ownership over the cats so they could be put up for adoption, even though the woman had not been criminal charged, and had not forfeited her cats.
|Causa Nº 17001-06-00/13 “Incidente de apelación en autos G. B., R. s/inf. ley 14346”
|Causa Nº 17001-06-00/13
|This is an appeal of a decision in first instance where the lower court gave the custody of 68 dogs to the Center for Prevention of Animal Cruelty. The 68 dogs were found in extremely poor conditions, sick, malnourished, dehydrated under the custody of the Defendant. Various dogs had dermatitis, conjunctivitis, otitis, sparse hair and boils, lacerations, pyoderma and ulcers. The officers that executed the search also found the decomposing body of a dead dog inside the premises. The lower court determined the defendant had mental disabilities, which did not allow her to comprehend the scope of her acts, for which she was not found guilty of animal cruelty. However, the court determined that she was not suited to care for the dogs. The Defendant appealed the decision arguing that the dogs were not subject to confiscation.
|Causa Penal No. 15241-2022-00006
|Causa Penal No. 15241-2022-00006
|Following the Estrellita case (Constitutional Court decision No. 253-20-JH/22), in 2022, the owner of "Cuqui Brown," a two-fingered sloth filed a habeas corpus petition following his seizure by the authorities. In this case, the court denied the habeas corpus and held that the plaintiff violated "Cuqui Brown's" rights established in Estrellita's case.
|Cavallini v. Pet City and Supply
|848 A.2d 1002 (Pa. 2004)
Appellant, Pet City and Supplies, Inc. appealed from the judgment in the amount of $1,638.52 entered in favor of Appellee, Christopher A. Cavallini following a bench trial. The trial court determined that Cavallini was entitled to damages due to Pet City's violations of the Dog Purchaser Protection provisions of the Unfair Trade Practices and Consumer Protection Law (UTPCPL). Cavallini purchased a Yorkshire terrier puppy from Pet City that was represented as a pure bred. After several attempts, Pet City failed to supply Cavallini with the requisite registration papers. On appeal, Pet City contended that the trial court erred as a matter of law by determining a private action can be brought under the Dog provisions of the UTPCPL, and erred as a matter of law by imposing a civil penalty against Pet City under the UPTCPL. In finding that the statute does provide a private cause of action, the court looked to the purpose of the statute rather than the plain language. However, the court found the inclusion of a civil penalty in the part that allows a private action was inconsistent with the statute.
|Cavel Intern., Inc. v. Madigan
|500 F.3d 551 (7th Cir. 2007)
The issue on appeal was whether Illinois' prohibition of horsemeat for human consumption was preempted by the Federal Meat Inspection Act (FMIA) or in violation of the dormant Commerce Clause. The court held that the statute was neither preempted nor in violation of the dormant Commerce Clause
|Celinski v. State
|911 S.W.2d 177 (Tex. App. 1995).
Criminal conviction of defendant who tortured cats by poisoning them and burning them in microwave oven. Conviction was sustained by circumstantial evidence of cruelty and torture.
|Center for Biological Diversity v. Badgley
|335 F.3d 1097 (C.A.9 (Or.),2003)
The Center for Biological Diversity and eighteen other nonprofit organizations appealed the district court's summary judgment in favor of the United States Fish and Wildlife Service. The Center claimed the Secretary of the Interior violated the Endangered Species Act by making an erroneous, arbitrary, and capricious determination that listing the Northern Goshawk (a short-winged, long-tailed hawk that lives in forested regions of higher latitude in the northern hemisphere and is often considered an indicator species) in the contiguous United States west of the 100th meridian as a threatened or endangered species was not warranted. In the absence of evidence that the goshawk is endangered or likely to become endangered in the foreseeable future, the court found the FWS's decision was not arbitrary or capricious and affirmed the summary disposition.
|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
|998 F.3d 1061 (9th Cir. 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.