United States

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Wyoming Farm Bureau v. Babbitt


The Wyoming Farm Bureau, amateur researchers, and environmental groups appealed an agency to introduce experimental population of gray wolves in a national park and central Idaho. After ruling on the various standing issues, the court held that the ESA section allowing experimental population to be maintained only when it is "wholly separate geographically" from nonexperimental populations includes overlap even with individual members of nonexperimental species.

 

However, the defendants' treatment of all wolves found within boundaries of designated experimental population areas as nonessential experimental animals was contrary to law as provided in their own regulations.

 

Therefore, the court ordered that Defendants' Final Rules establishing a nonessential experimental population of gray wolves in Yellowstone National Park in Wyoming, Idaho, Montana, central Idaho and southwestern Montana was unlawful.

 

Further, that by virtue of the plan being set aside, defendants must remove reintroduced non-native wolves and their offspring from the Yellowstone and central Idaho experimental population areas. 

This decision was reversed in



199 F.3d 1224.


Wyoming Farm Burearu v. Babbitt


The State Farm Bureaus (a national farm organization)), researchers, and environmental groups appealed from decision of United States and federal agencies to introduce experimental population of gray wolves in a national park and central Idaho. The United States District Court for the District of Wyoming struck down the Department of Interior's final wolf introduction rules and ordered reintroduced wolves removed. In reversing the lower court's decision, the Court of Appeals for the 10th Circuit held that the possibility that individual wolves from existing wolf populations could enter experimental population areas did not violate provision of Endangered Species Act requiring that such populations remain "geographically separate."  Further, the fact that the promulgated rules treated all wolves, including naturally occurring wolves, found within designated experimental population areas as nonessential experimental animals did not violate ESA.

Wyno v. Lowndes County Misty Wyno was attacked and killed by a neighbor’s dog. Her husband, Jason Wyno brought a wrongful death action against the dog’s owners, Lowndes County, and four individual Lowndes County Animal Control employees. Jason alleged that Lowndes County and the County Employees negligently failed to perform ministerial duties, negligently failed to provide police protection, negligently created and failed to abate a nuisance, were negligent in their control of allegedly dangerous dogs, and were negligent per se by violating several provisions of the Lowndes County Animal Control Ordinance. Jason also alleged that the County Employees acted with actual malice and/or an intent to injure by repeatedly refusing to investigate or take any action with regards to the dangerous dogs. Lowndes County asserted sovereign immunity as a defense for both itself and its employees. In addition, Lowndes County and the County Employees asserted that they were immune from liability due to the provisions of the Dangerous Dog Control Law in effect at the time. The trial court dismissed the suit against the employees in their individual capacities finding that the Dangerous Dog Control Law barred an action against any party except the dog’s owners. The Supreme Court of Georgia ultimately held that the record was devoid of any evidence that any of the County Employees acted with malice or the intent to harm Jason or Misty Wyno to defeat official immunity. Jason, therefore, did not satisfy his burden and the Court affirmed the trial court’s decision.
Wyno v. Lowndes County Victim was attacked and killed by her neighbor's dog. Victim's husband, acting individually and as administrator of his wife's estate, brought action against dog owners and several government defendants, whom he alleged failed to respond to earlier complaints about the dog. The trial court dismissed the action against the government for failure to state a claim, concluding that sovereign and official immunity or, alternatively, the Responsible Dog Ownership Law (OCGA § 4–8–30), barred action against the government defendants. Husband appealed. The appeals court held the trial court did not err in dismissing the action against the county and its employees in their official capacities. The former version of OCGA § 4–8–30, effective at the time of the attack, provided immunity to local governments and their employees from liability for all injuries inflicted by dangerous or potentially dangerous dogs. The appeals court held that the trial court erred in dismissing the action against the employees in their individual capacities based on official immunity, however. By applying the former OCGA § 4–8–30 (2012) to dismiss the action against the employees in their individual capacities, the trial court implicitly rejected the husband’s constitutional challenge to the statute. Judgment was therefore affirmed in part and reversed in part, and remanded to the trial court to enter a ruling specifically and directly passing on the husband’s constitutional challenge.
WY - Wildlife, exotic hybrid - Chapter 1. Game and Fish Administration. This section of Wyoming statutes states that all wildlife in the state is considered the property of the state. It further provides that there is no private ownership of live animals classified in this act as big or trophy game animals. Exotic species means any wild animals, including amphibians, reptiles, mollusks, crustaceans or birds not found in a wild, free or unconfined status in Wyoming. This section also contains the management laws for delisted gray wolves that were repealed in 2012.
WY - Veterinary - Chapter 30. Veterinarians These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
WY - Trust - § 4-10-409. Trust for care of animal This statute represents Wyoming's pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the last animal named in the trust.
WY - Scientific permits - Chapter 33. Regulation Governing Issuance of Scientific Research, Educational or Special Purpose Permi The purpose of this regulation is to govern and regulate the issuance of permits to take, capture, handle, and transport Wyoming wildlife for scientific research, educational or special purposes. Such permits may be issued to persons, educational institutions, or governmental entities when the Wyoming Game and Fish Department determines the scientific research, educational, or special purposes are beneficial to wildlife, the department or the public.
WY - Rehabilitation - Chapter 45. Wildlife Rehabilitation The purpose of this regulation is to provide for the care of sick, injured, debilitated or orphaned wildlife, excluding big game animals and trophy game animals, by permitted wildlife rehabilitators and to provide criteria for the issuance of permits to such wildlife rehabilitators. In accordance with this regulation, wildlife rehabilitators issued permits pursuant to this regulation may acquire sick, injured, debilitated, or orphaned wildlife and provide necessary treatment in order that the wildlife may be returned to live in the wild independent of human aid and sustenance. As soon as it can be determined that sick or injured wildlife is not likely to recover within one-hundred eighty (180) days, the wildlife shall be euthanized; unless Department approval is given for extended care.
WY - Predatory Animals - Chapter 6. Predatory Animals. This first article of the chapter allows owners of livestock to fill out an application with the board of county commissioners to receive permission to eradicate predatory animals. The second article of the chapter outlines the composition and function of the state predator management advisory board. Article 3 outlines the Wyoming animal damage management program. In that section, "predatory animal is defined as any coyote, jackrabbit, porcupine, raccoon, red fox, skunk or stray cat; and gray wolves except where they are designated as trophy game animals.

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