Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Animal Legal Defense Fund v. Veneman | 490 F.3d 725 (9th Cir. 2007) | 07 Cal. Daily Op. Serv. 6427 |
Plaintiffs, who include the Animal Legal Defense Fund ("ALDF"), the Animal Welfare Institute ("AWI"), and three individuals, challenged the United States Department of Agriculture's ("USDA") decision not to adopt a Draft Policy that would have provided guidance to zoos, research facilities, and other regulated entities in how to ensure the psychological well-being of nonhuman primates in order to comply with the federal Animal Welfare Act ("AWA"). The district court granted USDA's motion to dismiss, to which the ALDF timely appealed. Over a vigorous dissent, an appeals court panel reversed the district court's decision. After a sua sponte call, however, a majority of active judges voted to rehear the case en banc. Yet, before the rehearing occurred, the parties had reached a settlement and had agreed to dismiss the case with prejudice provided that the panel's opinion and judgment were vacated. The majority of the en banc panel agreed to vacate the panel's opinion and judgment with prejudice, but Judge Thomas filed the dissenting opinion. |
Case | |
| NH - Exotic Pets - Chapter Fis 800. The Importation, Possession and Use of All Wildlife. | NH ADC FIS 802.01 - .05 | N.H. Code Admin. R. Fis 802.01 - .05 | These New Hampshire regulations state the different permitee categories under Chapter 800 of the New Hampshire Code of Administrative Regulations. These regulations also indicate the penalties for making false statements, when annual permits expire, and who is exempt from the requirements of this chapter. | Administrative | |
| OH - Cruelty - Consolidated Cruelty Statutes | R.C. § 959.01 - 959.99 | OH ST § 959.01 - 959.99 | These statutes comprise Ohio's anti-animal cruelty and animal fighting provisions. Included in the prohibited acts are abandoning domestic animals, willfully injuring or poisoning domestic or agricultural animals, drugging animals in competition, and "cruel" acts to both wild and domestic animals as defined by statute. The section also prohibits dogfighting and cockfighting. | Statute | |
| US - Endangered Species - Subpart B. § 17.11 Endangered and threatened wildlife. | 50 C.F.R. § 17.11 | The list in this section contains the names of all species of wildlife which have been determined by the Services to be Endangered or Threatened. It also contains the names of species of wildlife treated as Endangered or Threatened because they are sufficiently similar in appearance to Endangered or Threatened species. | Administrative | ||
| TN - Wildlife - Chapter 1660-01-15 Rules and Regulations for Animal Importation. | TN ADC 1660-01-15-.01, .02 | Tenn. Comp. R. & Regs. 1660-01-15-.01 to .02 | These Tennessee regulations outline the guidelines for importing any live wild animal species obtained from outside the State of Tennessee. | Administrative | |
| ME - Fish and Wildlife - Chapter 7. Regulations for Wildlife in Captivity | 09-137 CMR Ch. 7, § 7.00 - 7.18 | 09-137 CMR Ch. 7, § 7.00 - 7.18 | This set of Maine regulations concerns the keeping of captive wildlife. A permit is generally required for importation, possession, propagation, rehabilitation, and exhibition of wildlife in the state. Wildlife held in captivity must be confined, contained, controlled, and sheltered in such a way as to protect it, and to protect property of others and the health and safety of the public. Section 7.11 provides the conditions and restrictions under the permit. Section 7.12 states that no primate shall be permitted unless the applicant/permit holder demonstrates a physical aide legitimate need for physical aide from a primate, and the animal in question is specifically trained for such purposes ( or the applicant must be providing foster care or training for the primate under direction or supervision of a recognized authority for same). | Administrative | |
| CO - Cruelty - Consolidated Cruelty/Animal Fighting Statutes | C. R. S. A. § 18-9-201 - 209; § 35-42-101 - 115 | CO ST § 18-9-201 - 209; § 35-42-101 - 115 | This Colorado section contains the anti-cruelty and animal fighting laws. A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal. A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal. Cruelty to animals is a class 1 misdemeanor and aggravated cruelty or a second conviction of animal cruelty is class 6 felony. This section also prohibits animal fighting (not limited to certain species such as dogs or chickens). Violation of this law results in a class 5 felony. This section also makes it illegal to own a dangerous dog and "tamper" with livestock. | Statute | |
| CA - Crimes, warrants - § 599a. Violations involving animals or birds; procedure | West's Ann. Cal. Penal Code § 599a | CA PENAL § 599a | If a complainant believes that any provision of law relating to, or in any way affecting, dumb animals or birds, is being, or is about to be violated in any particular building or place, a magistrate may issue and deliver immediately a warrant directed to law enforcement, authorizing him to enter and search that building or place, and to arrest any person there present violating, or attempting to violate, any law relating to, or in any way affecting, dumb animals or birds. | Statute | |
| LA - Exotic animals - § 2796.2. Limitation of liability for loss connected | LSA-R.S. 9:2796.2 | This Louisiana law states that no person shall have a cause of action against any nonprofit organization which operates or maintains a tax-exempt animal sanctuary for any injury, death, loss, or damage in connection with the Chimp Haven Festival, Dixie Chimps art contest, Les Boutiques de Noel, SciPort and Chimp Haven events, Run Wild and Have a Field Day, Eye-20 Art Show Gala, Krewe of Barkus and Meow Paws parade, Krewe of Centaur parade, Krewe of Highland parade, garden tour, ChimpStock, and any other educational and public awareness activities in which the organization sponsors or participates, unless the loss or damage was caused by the deliberate and wanton act or gross negligence of the organization or any officer, employee, or volunteer thereof. | Statute | ||
| Baugh v. Beatty | 205 P.2d 671 (Cal.App.2.Dist.) | 91 Cal.App.2d 786 (Cal.App.2.Dist.) |
This California case is a personal injury action by Dennis Ray Baugh, a minor, by John R. Baugh, his guardian ad litem, against Clyde Beatty and others, resulting from injuries suffered by the 4-year old child after he was bitten by a chimpanzee in a circus animal tent. The court found that the instructions given were prejudicial where the jurors were told that the patron could not recover if the patron's conduct caused injury or if the conduct of the father in charge of patron caused injury; instead, the sole question for jury should have been whether patron knowingly and voluntarily invited injury because the animal was of the class of animals ferae naturae, of known savage and vicious nature. |
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