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Titlesort descending Author Citation Alternate Citation Summary Type
Rupert v. Director, U.S. Fish and Wildlife Service 957 F.2d 32 (1st Cir. 1992)

Appellant was the pastor of an all-race Native American church that required the use of eagle feathers during certain worship who challenged the BGEPA after being denied a permit to obtain eagle feathers because he was not a member of a recognized Indian tribe.  Under an equal protection analysis, the court found the limitation on the use of eagle parts to Native Americans is rationally related to the government's interest in preserving the eagle population as well as the special religious and cultural interests of Native Americans.  For further discussion on religious challenges to the BGEPA by non-Native Americans, see Detailed Discussion of Eagle Act.

Case
Rupert v. U.S. 181 F. 87 (8th Cir. 1910) 104 C.C.A. 255 (1910)

Paris N. Rupert, unlawfully, willfully and feloniously deliver to the Frisco Railroad Company, a common carrier, for transportation out of said territory and to the city of Chicago in the state of Illinois, the dead bodies of quail, which said quail had theretofore been killed in the Territory of Oklahoma in violation of the laws of said territory and with the intent and purpose of being shipped and transported out of said territory in violation of the laws of said territory.  The court held that the territory of Oklahoma had the authority to provide by legislation, as it did, that wild game, such as quail, should not be shipped out of the state, even though the game was killed during the open season.  Further, the act of Congress (the Lacey Act) is valid wherein it is declared that the shipment out of the territory in violation of the territorial law constitutes a crime under the national law.

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Rural Export & Trading (WA) Pty Ltd v Hahnheuser (2007) 243 ALR 356 (2007) ATPR 42-189; [2007] FCA 1535

The applicants held sheep in a pen pending live export. The respondent broke into that pen and put pork products in their feed rendering them unfit for export to countries whose markets had religious proscriptions against eating pork products. The court found that the respondent's conduct did not amount to 'hindering' as defined in the Trade Practices Act 1974 (Cth) and that his action was for the dominant purpose of environmental protection, which included protecting sheep from the conditions suffered during the live export trade.

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Rural Export & Trading (WA) Pty Ltd v Hahnheuser (2008) 249 ALR 445 (2008) 169 FCR 583; [2008] FCAFC 156

The trial judge held that the respondent's placing of a ham mixture in the feed of sheep prior to live export was covered by the defence of dominant purpose for environmental protection under the Trade Practices Act 1974 (Cth). On appeal, the court held that the respondent's actions were not an attempt at environmental protection but rather sought to prevent what he believed would be cruelty to those animals on board the ship during live export and upon arrival. The case was referred back to the Federal Court for assessment of damages.

Case
Rural Export & Trading (WA) Pty Ltd v Hahnheuser (2009) 177 FCR 398 [2009] FCA 678

The respondent placed ham in food to be fed to sheep prior to live export. This action resulted in delay of live export and constituted a breach of the Trade Practices Act 1974 (Cth) without falling under the defence of 'environmental protection'. The second applicant was entitled to damages from the respondent falling under the following heads: purchasing sheep; transport; killing fees; processing fees; freezer storage fees; cost of resale; and travel expenses. The total loss was calculated at $72,873.73.

Case
Russell v. Rivera 780 N.Y.S.2d 699 2004 N.Y. Slip Op. 24172 (N.Y. 2004), 2004 WL 1197344 (N.Y. 2004)

Passerby sued dog owner for bitten finger.  Held:  because dog had shown no previous vicious propensities, the owner is not strictly liable, and, the owner was not negligent.  Reversed.

Case
Russia/Soviet Union Conservation of Migratory Birds and Their Environment Per Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service: This Convention was signed in Moscow on November 19, 1976, and approved by the Senate on July 12, 1978. Documents of ratification were exchanged October 13, 1978, in Washington, D.C., and the exchanged Convention was implemented on November 8, 1978, by P.L. 95-616 (92 Stat. 3110), which amended the Migratory Bird Treaty Act of 1978 (16 USC 703-711; 40 Stat. 755). The Convention provides for the protection of species of birds that migrate between the United States and the Soviet Union or that occur in either country and "have common flyways, breeding, wintering, feeding or moulting areas." It also encourages actions to identify and protect important habitat against pollution, detrimental alteration, and other environmental degradation, and to cooperate in measures to protect migratory birds identified as being in danger of extinction. This international agreement remains in force for 15 years and will thereafter be renewed automatically on an annual basis subject to termination by either party. Treaty
Sacco v. Tate 175 Misc.2d 901 (N.Y. 1998) 175 Misc.2d 901, 672 N.Y.S.2d 618, 1998 N.Y. Slip Op. 98231

Plaintiffs commenced the instant action to recover veterinary expenses incurred by reason of the fact that the dog sold to them by defendant was not healthy. The court held that plaintiffs were not entitled to avail themselves of the remedies afforded by article 35-D of the General Business Law by reason of their failure to comply with the requirements set forth in section 753 thereof (to wit, they did not produce the dog for examination by a licensed veterinarian designated by the dealer, nor did they furnish the dealer with a certification of unfitness of the dog within three days after their receipt thereof). The court, however, noted that the article does not limit the rights or remedies which are otherwise available to a consumer under any other law, so the award by the court was affirmed (albeit on a different basis).

Case
Sacrificing the Sacrifice of Animals: Legal Personhood for Animals, The Status of Animals as Property, and the Presumed Primacy of Humans Taimie L. Bryant 39 Rutgers L.J. 247 (2008)

Part I of this article begins with consideration of two different definitions of legal personhood. In Part II, the author makes use of philosopher Jacques Derrida's suggestion that humans maintain their hegemony and conceptual separation from animals by failing to include animals in the proscription “Thou shalt not kill.” Ultimately, the author concludes that these two examples indicate that pursuit of direct legal standing for animals themselves is not always necessary to secure positive substantive changes in the law.

Article
Saenz v. DOI (vacated by U.S. v. Hardman, 260 F.3d 1199 (10th Cir. 2001)) (no West citation. Docket No. 00-2166)

(This case was vacated by United States v. Hardman, 260 F.3d 1199(10th Cir. 2001). Appellant was descended from the Chiricahua tribe of Apache Indians, and, although originally recognized as a tribe, it is not presently recognized.  The court affirmed the vacating of defendant's conviction for possessing eagle parts, holding that the present test under RFRA with regard to whether a tribe has been formally recognized bears no relationship whatsoever to whether one sincerely practices Indian religions and is substantially burdened when prohibited from possessing eagle parts.  For discussion of Eagle Act, see Detailed Discussion .

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