Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Propes v. Griffith | 25 S.W.3d 544 (Mo.App. W.D., 2000) |
At issue on this appeal to a punitive damages award, is whether defendant's conduct in shooting her neighbors' two dogs was privileged under a Missouri statute that allows a livestock owner to kill dogs that are in the act of chasing sheep. The court held that there was absolutely no evidence indicating the Propes' dogs, or for that matter that any dog, was the cause of the previous attack on the Griffiths' sheep and more sheep were attacked after the dogs had been euthanized. Upon review, the court held that the punishment and deterrence of Mrs. Griffith's conduct is the precise reason for assessing punitive damages and the award of punitive damages was not arbitrary. |
Case | ||
| Proposal for the Introduction of the Protection of Animals in the Constitution of the Portuguese Republic | Portugal Center for Animal Law and Ethics | Center for Animal Law and Ethics, Portugal |
This article sets our the argument for adding to the Constitution of Portugal a provision for the Protection of Animals. |
Article | |
| Proposed Fundraising Bills in Oklahoma and Missouri Would Unconstitutionally Target Animal Rights Charities | Daina Bray, Samantha Hasey & Candace Hensley | 67 Syracuse L. Rev. 217 (2017) | Two proposed state bills out of Oklahoma and Missouri would prohibit an “animal rights charitable organization” from soliciting contributions in-state intended for either out-of-state use or “political purposes.” It is worthwhile to examine the bills and the factual context out of which they arose because of the important constitutional rights that they implicate and the potential chilling effect of this sort of legislation on the ability of nonprofits to advocate for their causes. While today it is “animal rights” groups under attack—by way of the bills discussed herein and other legislation such as so-called “ag-gag” bills, which suffer from some of the same constitutional deficiencies—it is not difficult to imagine scenarios in which other nonprofit groups with a viewpoint unwelcome to a legislature, or to powerful private interests, could be similarly targeted. | Article | |
| PROTECÇÃO DOS ANIMAIS NA CONSTITUIÇÃO DA REPÚBLICA PORTUGUESA | CENTRO DE ÉTICA E DIREITO DOS ANIMAIS | CENTRO DE ÉTICA E DIREITO DOS ANIMAIS |
Considerando a actual Constituição da República Portuguesa, de acordo com a última Revisão Constitucional, feita em 2001, propõe-se a introdução da seguinte disposição na Constituição, devendo a mesma ser incluída na |
Article | |
| Protect Our Communities Foundation v. Jewell | 2014 WL 1364453 (Only the Westlaw citation is currently available.) | The Protect our Communities Foundation challenged the Bureau of Land Management's Record of Decision authorizing development of a utility-scale wind energy facility on public lands in San Diego County, arguing that BLM's approval of a right-of-way violated the National Environmental Policy Act, the Migratory Bird Treaty Act, and the Bald and Golden Eagles Protection Act. The Court found that BLM did consider several alternatives to the proposed Project, took a "hard look" at the environmental consequences, and did not improperly defer specification and analysis of mitigation measures. The Court also held that Federal agencies are not required to obtain a permit before acting in a regulatory capacity to authorize activity, such as development of a wind-energy facility, that may incidentally harm protected birds. The Court denied the plaintiff's motion for summary judgment and granted the defendants' cross motions for summary judgment. | Case | ||
| Protect Our Communities Foundation v. Jewell | 825 F.3d 571 (9th Cir. 2016) | 2016 WL 3165630 (9th Cir. June 7, 2016) | In this case, various environmental groups filed suit against the Bureau of Land Management (BLM) and the Department of the Interior, arguing that the BLM should not have granted right-of-way on federal lands to a proposed energy project because the project would violate the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act. The plaintiffs also argued that the BLM’s environmental impact statement (EIS) for the project was not sufficient according to the National Environmental Policy Act (NEPA). Ultimately, the court held in favor of the defendants and found that the EIS was sufficient under the NEPA and that by granting the right-of-way, BLM was not violation the MBTA or the Bald and Golden Eagle Protection Act. The court found that the EIS was sufficient under the NEPA because it included all the necessary information and was broad enough as to not force the BLM into automatically accepting the proposal. Additionally, the court held that the BLM was not in violation of the MBTA or the Bald and Golden Eagle Protection Act because the BLM was acting in a “purely regulatory capacity” and the BLM’s action could directly or proximately cause a violation under the MBTA or the Bald and Golden Eagle Protection Act. | Case | |
| Protect our Communities Foundation v. Salazar | 2013 WL 5947137 (Only the Westlaw citation is currently available.) | The Protect Our Communities Foundation filed a complaint challenging the United States Department of the Interior's approval of the Record of Decision approving a utility-scale wind power project arguing that it violated the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and the Migratory Bird Treaty Act (MBTA). But the Court held that the Department discussed reasonable alternatives, that the Decision was not an arbitrary, capricious or an abuse of discretion, and that the plaintiffs failed to demonstrate that a permit was required under the MBTA for an unintentional killing of migratory birds. | Case | ||
| Protect Our Eagles v. City of Lawrence | 715 F. Supp. 996 (D. Kan. 1989) |
The court held that no private right of action exists under the Bald and Golden Eagle Protection Act, where a group of concerned citizens brought a civil action under the BGEPA against a developer to prevent the demolition of a grove of trees where wintering eagles perch. For further discussion on the construction and application of the BGEPA, see Detailed Discussion of Eagle Act . |
Case | ||
| Protecting Cats and Dogs in Order to Protect Humans: Making the Case for a Felony Companion Animal Statute in Mississippi | Deborah J. Challener | 29 Miss. C. L. Rev. 499 (2010) |
This Article proceeds in several parts. Part II discusses the reasons behind the enactment of both early and modern animal cruelty statutes, and part III identifies the common features of modern animal cruelty laws. Part IV details Mississippi's animal cruelty statutes and compares them to typical modern cruelty laws. Part V describes the provisions of Senate Bill No. 2623 in detail and explains why the Mississippi Farm Bureau Federation and others opposed Senate Bill No. 2623. Part VI argues that the objections to Senate Bill No. 2623 were frivolous and makes the case for a felony companion animal statute in Mississippi. Finally, part VII contends that a bill modeled on Senate Bill No. 2623 should be introduced during the 2011 legislative session and passed by the Mississippi legislature. |
Article | |
| Protecting Equine Rescue From Being Put Out To Pasture: Whether Ranches Dedicated To Abused, Abandoned, And Aging Horses May Qua | Michael T. Olexa, Katherine Smallwoods, and J.A. Cossey | 16 Drake J. Agric. L. 69 (2011) |
This law review argues that the use of property to board, train, and graze abused, abandoned and aging (rescue) horses should fall under the Florida Greenbelt Law’s “agricultural” tax classification. The authors of this law review contend that the use of property for rescue horse ranches is consistent with the purpose of the Greenbelt Law, and the rescue horse ranches provide other benefits to Florida's communities. |
Article |