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Displaying 41 - 50 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 | |
| US - AWA - Subpart D. Specifications/Standards for Nonhuman Primates | 9 C.F.R. § 3.75 to .92 | This portion of the AWA regulations contains the humane care provisions for non-human primates. Included are requirements for housing facilities, primary enclosures, provisions for psychological well-being, feeding, watering, sanitization, employee requirements, and transportation standards. | Administrative | ||
| MN - Endangered Species - Natural Resources (Ch. 83A-84). Chapter 84. Department of Natural Resources | M. S. A. §§ 84.0895, 84.944, 97A.245, 97A.501 | MN ST § 84.0895, 84.944, 97A.245, 97A.501 | This statute protects endangered and threatened species in Minnesota, as defined in the statute. Under the law, a person may not take, import, transport, or sell any portion of an endangered species of wild animal or plant, or sell or possess with intent to sell an article made with any part of the skin, hide, or parts of an endangered species of wild animal or plant. Violation of the statute is a misdemeanor. | Statute | |
| Animal Legal Defense Fund; Animal Welfare Institute; Valerie Buchanan; Jane Garrison; Nancy Megna, plaintiffs-appellants v. Ann | In this federal action, plaintiffs (ALDF, the AWI, and three individuals) challenged the USDA's 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 on-human primates in order to comply with the Animal Welfare Act. While the district court found that the USDA's decision did not constitute a reviewable final agency decision, the Ninth Circuit Court of Appeals found that the lower court did indeed have authority under the Administrative Procedures Act to review the agency's decision not to create a policy. On June 4, 2007, the Court vacated the previous opinion and dismissed the appeal with prejudice. Two judges wrote separate opinions, concurring and dissenting in part. | Pleading | |||
| “ASOCIACIÓN DE FUNCIONARIOS Y ABOGADOS POR LOS DERECHOS DE LOS ANIMALES Y OTROS C/ GCBA S/ AMPARO” | Orangutana Sandra-Sentencia de Cámara- Sala I del Fuero Contencioso Administrativo y Tributario CABA | Courtroom I of the Chamber of Appeals in Contentious Administrative and Tax Matters of the City of Buenos Aires ruled that the technical reports presented by the experts for the improvement of the orangutan Sandra’s living conditions showed enough evidence to conclude that it was not in the best interest of the orangutan to transfer her to a sanctuary or to transfer her to her natural habitat. Thus, the court accepted and ordered a series of measures in order to guarantee her welfare conditions. | Case | ||
| DE - Endangered Species - CHAPTER 6. ENDANGERED SPECIES | 7 Del.C. § 601 - 605 | DE ST TI 7 § 601 - 605 | Delaware prohibits the importation, transportation, possession, or sale of any part, hide or an endangered species of fish or wildlife. Delaware also prohibits the intent to import, transport, or sell any part or hide of an endangered species. The only lawful way to take an endangered species is by a license or permit from the Division of Fish and Wildlife and violation of this statute is a class A environmental misdemeanor. | Statute | |
| AK - Cruelty - Consolidated Cruelty Statutes | AS § 03.55.100 - 190; AS § 11.61.140 - 145 | AK ST § 03.55.100 - 190; AK ST § 11.61.140 - 145 | This section comprises Alaska's anti-cruelty and animal fighting laws, which were amended in 2010. A person commits cruelty to animals if the person: knowingly inflicts severe and prolonged physical pain or suffering on an animal; with criminal negligence, fails to care for an animal and, as a result, causes the death of the animal or causes severe physical pain or prolonged suffering to the animal; kills or injures an animal by the use of a decompression chamber; intentionally kills or injures a pet or livestock by the use of poison; knowingly kills or injures an animal with the intent to intimidate, threaten, or terrorize another person; or knowingly engages in sexual conduct with an animal, films such activity, induces such activity, or intentionally permits this to occur on premises under the person's control. The court may also prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years for convictions under this section. | Statute | |
| IN - Rehabilitation, wildlife - 312 IAC 9-10-9 Wild animal rehabilitation permit | 312 IAC 9-10-9 | 312 IN ADC 9-10-9, 9.5 | This Indiana regulation sets for the requirements to obtain a permit to possess wild animals for rehabilitation. | Administrative | |
| TX - Exotic pets - Subchapter A. Regulation of Keeping of Wild Animals | V. T. C. A., Local Government Code § 240.001 - 004 | TX LOCAL GOVT § 240.001 - 004 | In this subchapter, wild animal is defined as a nondomestic animal that the commissioners court of a county determines is dangerous and is in need of control in that county. The commissioners court of a county by order may prohibit or regulate the keeping of a wild animal in the county. A person commits a Class C misdemeanor if the person violates an order adopted under this subchapter and the order defines the violation as an offense. | Statute | |
| CA - Fish & Game - Chapter 1. General Definitions | West's Ann. Cal. Fish & G. Code § 1 - 89.5 | CA FISH & G § 1 - 89.5 | This chapter includes the general definitions for the Fish and Game Code. | Statute |