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Displaying 11 - 20 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Article 70 of CPLR for a Writ of Habeas Corpus, The Nonhuman Rights Project, Inc. ex rel. Hercules and Leo v. Stanley | 49 Misc. 3d 746 (N.Y. Sup. Ct. 2015) | 2015 WL 4612340 (N.Y. Sup. Ct., 2015) | Petitioner brought this proceeding pursuant to CPLR article 70 and under the common law for a writ of habeas corpus on behalf of Hercules and Leo, two chimpanzees in the custody of respondent State University of New York at Stony Brook. It sought an order directing respondents to demonstrate the basis for detaining Hercules and Leo, and an order directing their release and transfer to a sanctuary in Florida. Respondents opposed the petition and cross moved to change venue. While the Supreme Court of New York County found that neither CPLR 7002(b)(3) nor CPLR 7004(c) required a change of venue to Suffolk County; that the petitioner had standing to bring the case; and that prior proceedings did not bar this case from being heard, the substance of the petition required a finding as to whether a chimpanzee was a legal person entitled to bring a writ of habeas corpus. Since the Court found it was bound by the Third Department in People ex rel Nonhuman Rights Project, Inc. v. Lavery, which ruled that chimpanzees were not “legal persons” entitled to the rights and protections afforded by a writ of habeas corpus, it denied the habeas corpus petition and dismissed the proceeding. | Case | |
| HI - Wildlife - Chapter 183D. Wildlife. | H R S § 183D-1 - 66 | HI ST § 183D-1 - § 183D-66 | These statutes comprise Hawaii's wildlife provisions. | Statute | |
| OR - Primates - 603-011-0381 Importation of Nonhuman Primates | OR ADC 603-011-0381 | OAR 603-011-0381 | This Oregon regulation provides that no person shall ship, move, or import into this state any nonhuman primates (including, but not limited to, monkeys, baboons, gibbons, chimpanzees, and marmosets) without first obtaining a permit from the Department. Further, all nonhuman primates shipped, moved, or imported into this state shall also be accompanied by an official health certificate certifying that said animals are free from the following human pathogenic agents. | Administrative | |
| NY - Wild animal, possession - Part 820. Required Annual Reporting of the Presence of Wild Animals | 19 NY ADC 820.1 to .3 | 19 NYCRR 820.1 - .3 | This set of New York regulations provides a form for individuals keeping wild animals to report with the city, town or village clerk within whose jurisdiction the animal is owned, possessed or harbored, on or before April 1st of each year. General Municipal Law (GML), section 209-cc requires the State Fire Administrator, in consultation with the Department of Environmental Conservation, to develop and maintain a list of the common names of wild animals that are reported annually to local authorities. | Administrative | |
| FL - Wildlife - Chapter 379. Fish and Wildlife Conservation. | West's F. S. A. § 379.231 - 504 | FL ST § 379.231 - 504 | These Florida laws concern the keeping and taking of captive wildlife. Places where wildlife is held in captivity are subject to inspection by the officers of the state commission at any time. The commission shall promulgate rules defining Class I, Class II, and Class III types of wildlife. A companion statutory& section provides that, in order to assure humane treatment of captive wildlife, no person, firm, corporation or association shall be in possession of captive wildlife for public display unless a permit has been obtained. The cost of the permit depends on whether the species fall into Class I, II, or III). | Statute | |
| NJ - Cruelty - Consolidated Cruelty Statutes | NJSA 4:22-10 to 4:22-61; NJSA 2C:33-31 - 32 | NJ ST 4:22-10 to 4:22-61; 2C:33-31 - 32 | These New Jersey statutes comprise the state's anti-cruelty provisions. According to the definitional section, "animal" or "creature" includes the whole brute creation. Exclusions under the act include state regulated scientific experiments, state sanctioned killing of animals, hunting of game, training of dogs, normal livestock operations, and the killing of rats and mice. With regard to livestock practices, no person may be cited or arrested for a first offense involving a minor or incidental violation of any provision of this title involving alleged cruelty to domestic livestock unless that person has first been issued a written warning. | Statute | |
| AFADA habeas corpus Cecilia | EXPTE. NRO. P-72.254/15 | “Abogados y Funcionarios de defensa Animal” (AFADA) brought a writ of habeas corpus on behalf of Cecilia, a 30 year old chimpanzee that lived in the Mendoza Zoo alleging that the chimpanzee had been illegitimately and arbitrarily deprived of her right to ambulatory freedom and right to have a dignified life on the part of authorities of the Zoo of the City of Mendoza, Argentina. The court granted habeas corpus to Cecilia, ruling that Cecilia was a living being with rights and instructing defendants to immediately free her and to relocate her to the Great Ape Project Sanctuary in Brazil. Until this moment, only humans illegally detained had been granted this writ. | Case | ||
| TX - Dangerous - Subchapter E: Dangerous Wild Animals | V. T. C. A., Health & Safety Code § 822.101 - 116 | TX HEALTH & S § 822.101 - 116 | Chapter 822, Subchapter E regulates the keeping of dangerous wild animals. It imposes a registration requirement upon the owner of a dangerous wild animal and also sets forth insurance requirements. One thing to note is that Texas animal cruelty laws do not apply to these wild animals. | Statute | |
| NH - Importation of Wildlife - Chapter Fis 800. The Importation, Possession and Use of All Wildlife | NH ADC FIS 803.01 - .14 | N.H. Code Admin. R. Fis 803.01 - .14 | These New Hampshire regulations require an importation permit for any controlled species that are imported into the state; these regulations also state that a permit is not required for a non-controlled species, which are listed in the regulations, and that a prohibited species, which are also listed in the regulations, cannot be imported into the state with or without a permit. The regulations also state the requirements for obtaining an importation permit, the provisions for importing certain species, the pathological standards for inspecting imported fish, and what needs to be included in the form to obtain an importation permit. | Administrative | |
| ALDF v. Glickman | 204 F.3d 229(2000) | 340 U.S.App.D.C. 191(2000) |
Animal welfare organization and individual plaintiffs brought action against United States Department of Agriculture (USDA), challenging regulations promulgated under Animal Welfare Act (AWA) to promote psychological well-being of nonhuman primates kept by exhibitors and researchers. The Court of Appeals held that: (1) regulations were valid, and (2) animal welfare organization did not have standing to raise procedural injury. Case discussed in topic: US Animal Welfare Act |
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