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News from around the world, provided by ICFAP January 2025

News from around the world, provided by ICFAP

 

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Policy
Newsome v. Erwin 137 F.Supp.2d 934 (S.D. Ohio 2000)

Plaintiff brought § 1983 action against county sheriff and others alleging that defendants violated his Eighth and Fourteenth Amendment rights when they shot and killed his pet lioness.

Case
Newton County Wildlife Ass'n v. U.S. Forest Service 113 F.3d 110 (8th Cir. 1997) 44 ERC 201728, Envtl. L. Rep. 20, 020 Newton County Wildlife Association sued the United States Forest Service seeking judicial review of four timber sales in the Ozark National Forest. The Wildlife Association filed sequential motions to preliminarily enjoin the sales as violative of the Wild and Scenic Rivers Act (WSRA) and the Migratory Bird Treaty Act (MBTA). The district court1 separately denied each motion, and the Wildlife Association separately appealed those orders. The Court held that because the Forest Service may limit WSRA plans to lands lying within designated river segments, failure to timely prepare the Plans cannot be a basis for enjoining timber sales on lands lying outside any designated area. With respect to the MBTA, the Court held that "it would stretch this 1918 statute far beyond the bounds of reason to construe it as an absolute criminal prohibition on conduct, such as timber harvesting, that indirectly results in the death of migratory birds." Therefore, the Court affirmed the district court's denial of injunctive relief. Case
NH - Agricultural Animals - Chapter 435. Animal Care, Breeding and Feed N.H. Rev. Stat. § 435:1 - 435:41 NH ST § 435:1 - 435:41 This New Hampshire chapter concerns the registration of breeding stallions and the proper care, feeding, and shelter of horses. The chapter also includes the New Hampshire Commercial Feed Law of 1971. Within this law are prohibitions on the misbranding or adulteration of commercial feed. The chapter additionally prohibits the feeding of raw garbage to swine. Statute
NH - Assistance Animals - Assistance Animal/Guide Dog Laws N.H. Rev. Stat. § 5:15-b; § 21-P:37-a; 167-D:1 - 10; 265:41-a; § 376-A:15 NH ST § 5:15-b; § 21-P:37-a; 167-D:1 - 10; 265:41-a; § 376-A:15 The following statutes comprise the state's relevant assistance animal and guide dog laws. Statute
NH - Commercial breeders - art Agr 1704. Operating Standards Relative to Commercial Kennels NH ADC Agr 1704.01 - 10 N.H. Code Admin. R. Agr 1704.01 - 10 These New Hampshire regulations address minimum standards at commercial animal facilities. The regulations cover general aspects (i.e., housing must be structurally sound and maintained in good repair) as well as more specific aspects related to indoor heating/cooling and ventilation requirements. The sizing and construction of primary enclosures and minimal feeding requirements are described. Administrative
NH - Cruelty - Consolidated Cruelty Laws N.H. Rev. Stat. § 644:8 - 644:8-g; N.H. Rev. Stat. § 437-B:1 NH ST § 644:8 - 644:8-g; § 437-B:1 These New Hampshire statutes provide the animals anti-cruelty and animal fighting provisions for the state. Included are general anti-cruelty laws for any animal (including domestic and wild animals), exhibitions of fighting animals, provisions for protection of animals riding in motor vehicles, restrictions related to docking the tail of a horse, provisions for the use of animals in science classes or fairs, laws against maiming or willfully interfering with police dogs or horses, laws related to the willful interference with organizations or projects involving animals, and provisions related to dogs riding in pick-up trucks. Statute
NH - Disaster - Chapter 21-P. Department of Safety. Homeland Security and Emergency Management. N.H. Rev. Stat. § 21-P:37-a NH ST § 21-P:37-a In New Hampshire, state policy mandates that service animals and the people they serve be kept together in cases of emergency. State emergency planning and training must take that requirement into account. Statute
NH - Divorce - 458:16-a Property Settlement. N.H. Rev. Stat. § 458:16-a NH ST § 458:16-a This New Hampshire statute defines "property" for purposes of the state's marriage dissolution (divorce) procedure. In August of 2019, a new provision was added to this law related to animals (Subsection II-a). This subsection states that "[t]angible property shall include animals. In such cases, the property settlement shall address the care and ownership of the parties' animals, taking into consideration the animals' wellbeing." Statute
NH - Dog Bite - Chapter 466. Dogs and Cats. N.H. Rev. Stat. § 466:31 to 31-a NH ST § 466:31 to 31-a Under this section, a dog is considered to be a nuisance, a menace, or vicious to persons or to property if it is "at large," if it barks for sustained periods, if it chases cars continuously, or if it growls, snaps at or bites persons. If a dog bites a person and breaks the skin, the animal control officer must inform the victim whether the dog was vaccinated against rabies within 24 hours. Statute

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