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Campbell v. Animal Quarantine Station |
The plaintiffs' dog died after being left in a hot van during transport from the Hawaii Quarantine Station to the veterinarian's office. The court held that it was not necessary for plaintiffs to witness the dog's death to recover for serious mental distress and that medical testimony was not necessary to substantiate plaintiffs' claims of emotional distress. In affirming the trial court's award for damages for the loss of property (the dog), the court held that the trial "court correctly applied the standards of law . . . and the issues of whether the damages were proximately caused by the defendant and have resulted in serious emotional distress to the plaintiffs are therefore within the discretion of the trier of fact."
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Callahan v. Woods |
Plaintiff alleged the requirement that his infant daughter receive a social security number as a prerequisite to obtain public benefits infringed on his free exercise of religion. Since the court held that the the social security number requirement substantially interfered with plaintiff's free exercise of religious beliefs, the compelling interest test was applied to determine constitutionality of the regulation. This substantial burden/compelling interest test became the model for infringement of religious exercise claims, including those under the BGEPA. For application of this test to religious challenges to the BGEPA, see
Detailed Discussion of Eagle Act
.
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Californians for Humane Farms v. Schafer |
Plaintiff, a nonprofit ballot committee established to sponsor Proposal 2, a State ballot initiative that would result in prohibiting the tethering and confinement of egg laying hens and other farm animals, brought an action against Defendant, the United States Secretary of Agriculture, alleging a violation of the Administrative Procedure Act, after Defendant approved a decision by the American Egg Board (the “Egg Board”) to set aside $3 million for a consumer education campaign to educate consumers about current production practices.
The
United States District Court,
N.D. California granted Plaintiff’s motion for preliminary injunction, finding that Plaintiff was likely to succeed on the merits, direct harm to Plaintiff was likely to occur if the injunction was not granted, and that the public interest would be served by granting the preliminary injunction.
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California Veterinary Medical Ass'n v. City of West Hollywood |
This California case centers on an anti-cat declawing ordinance passed by the city of West Hollywood in 2003. On cross-motions for summary judgment the trial court concluded West Hollywood's anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement. On appeal, however, this Court reversed, finding section 460 of the veterinary code does not preempt the ordinance. Although section 460 prohibits local legislation imposing separate and additional licensing requirements or other qualifications on individuals holding state licenses issued by agencies of the Department of Consumer Affairs (DCA), it does not preclude otherwise valid local regulation of the manner in which a business or profession is performed. |
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Cabinet Resource Group v. U.S. Fish and Wildlife Service |
The Forest Service builds roads in National Forests, and has to determine what density of road coverage is safe for grizzly bear survival in making its Land Use Plan. Here, the Land Use Plan did not violate the Endangered Species Act, because an agency action is not required to help the survival of an endangered species, it simply may not reduce the likelihood of survival and recovery of the endangered species, grizzly bears. However, because the Forest Service relied upon a scientific study with acknowledged weaknesses to make its road standards, but failed to adequately address those weaknesses in its Final Environmental Impact Statement, the Forest Service violated NEPA (National Environmental Policy Act).
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CA - Zoo - § 602.13. Entering animal enclosure at zoo, circus, or traveling animal exhibit; punishment; exceptions; other prosec |
This law makes it an infraction for a person to enter into an animal enclosure at a zoo, circus, or traveling animal exhibit if that facility is licensed or permitted to display animals and if it posts signs prohibiting entrance into the animal enclosures. |
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CA - Wild Animal - Chapter 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals. |
The California Legislature adopted this act based on a findings that wild animals are captured for importation and resold in California and that some populations of wild animals are being depleted, that many animals die in captivity or transit, and that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals. It was the intention of the Legislature to regulate the importation, transportation, and possession of wild animals to protect the native wildlife and agricultural interests against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state. The act defines "wild animal" and classifies them by species. Among other things, the act also includes inspection and permit provisions that govern the treatment of wild animals and the actions that may be taken where they are concerned. |
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CA - Veterinary - Chapter 11. Veterinary Medicine. |
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. |
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CA - Vehicle - § 23117. Transportation of animals; enclosure or restraint requirements |
This California law prohibits any person from transporting any animal in the open back of a vehicle on a highway unless the vehicle has sides that extend 46" vertically, or the animal is secured in a cage and cross-tethered to prevent it from jumping out of the vehicle. The law targets the transporting of dogs in the back of pickup trucks. Exclusions include the transportation of livestock and farm dogs. |
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CA - Trusts - § 15212. Trusts for care of animals; duration; requirements; accountings; beneficiaries |
This California statute provides that a person can create a trust for the care of a designated domestic or pet animal for the life of the animal. The duration will only be for the life of the pet, even if the trust instrument contemplates a longer duration. Note that the statute uses the singular form of "animal" and the term "domestic" or "pet" is used. |
