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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
NY - Enforcement, Conservation - Article 71. Enforcement. McKinney's ECL § 71-0101 to 71-0927 NY ENVIR CONSER § 71-0101 to 71-0927 This set of statutes outlines the procedures and penalties for violations of New York's Environmental Conservation Law. Statute
MD - Exotic pets - Subtitle 6. Crimes Relating to Animals. MD Code, Criminal Law, § 10-621 MD CRIM LAW § 10-621 Under this Maryland law, a person may not import into the State, offer for sale, trade, barter, possess, breed, or exchange the following species of animals: foxes, skunks, raccoons, bears, caimans, alligators, crocodiles, wild cats, wolves, nonhuman primates, and venomous snakes. Animal sanctuaries, AWA licensed facilities, those holding valid permits from the Department of Natural Resources, and veterinarians are exempted. This section does not prohibit a person who had lawful possession of an animal listed above on or before May 31, 2006, from continuing to possess that animal if the person provided written notification to the local animal control authority on or before August 1, 2006. Violation results in a fine and seizure of the animal(s). 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
OK - Endangered Species - Part 4. Protected Game 29 Okl. St. Ann. 5-402, 412, 412.1; 29 Okl. St. Ann. § 2-109, 135 OK ST T. 29 § 5-402, 412, 412.1; OK ST T. 29 § 2-109, 135 Under Oklahoma law, no person may possess, hunt, chase, harass, capture, shoot at, wound or kill, take or attempt to take, trap or attempt to trap any endangered or threatened species or subspecies without specific written permission of the Director. Violation incurs a $100 - 1,000 penalty with up to 30 days in jail. Statute
NY - Endangered Species - Chapter 43-B. Of the Consolidated Laws. N.Y. Envtl. Conserv. Law § 11-0535 NY ENVIR CONSER § 11-0535 The New York code for endangered species defines endangered species as any species which meets one of the following criteria: native species in imminent danger of extirpation or extinction in New York; or species listed as endangered by the United States Department of the Interior in the Code of Federal Regulations (50 CFR part 17). Statute
PA - Permits - Chapter 29. Special Licenses and Permits. Subchapter A. General Provisions. 34 Pa.C.S.A. § 2901 - 2908 PA ST 34 Pa.C.S.A. § 2901 - 2908 This chapter of Pennsylvania laws allows the commission to issue permits to take wildlife. Among the permit categories include endangered or threatened species permits, wildlife menagerie, wildlife (exotic) dealer, and wildlife (exotic) possession permits. It is unlawful to exercise any of the privileges granted by a permit issued under this title without first securing the required permit. Statute
WY - Rehabilitation - Chapter 45. Wildlife Rehabilitation WY ADC GAME POSS Ch. 45 s 1 - 24 WY Rules and Regulations GAME POSS Ch. 45 s 1 - 24 The purpose of this regulation is to provide for the care of sick, injured, debilitated or orphaned wildlife, excluding big game animals and trophy game animals, by permitted wildlife rehabilitators and to provide criteria for the issuance of permits to such wildlife rehabilitators. In accordance with this regulation, wildlife rehabilitators issued permits pursuant to this regulation may acquire sick, injured, debilitated, or orphaned wildlife and provide necessary treatment in order that the wildlife may be returned to live in the wild independent of human aid and sustenance. As soon as it can be determined that sick or injured wildlife is not likely to recover within one-hundred eighty (180) days, the wildlife shall be euthanized; unless Department approval is given for extended care. Administrative
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
FL - Agriculture & Consumer Services - Department Duties and Enforcement West's F. S. A. § 585.001 - 585.008 FL ST § 585.001 - 585.008 This set of laws explains the powers and duties of the Department of Agriculture & Consumer Services in enforcing the Animal Industry laws (Chapter 585). Any person or officer that is charged with a duty under the Animal Industry laws may be compelled to perform the same by mandamus, injunction, or other court-ordered remedy. Department employees are authorized to enter any premises in the state for the purposes of carrying out their duties under the Animal Industry laws and it is illegal for any person to interfere with the discharge of those duties. Statute

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