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Displaying 51 - 60 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| ZOOLOGICAL SOCIETY OF CINCINNATI v. THE GORILLA FOUNDATION | Slip Copy, 2019 WL 414971 (N.D. Cal. Feb. 1, 2019) | In 1991, the plaintiff, Zoological Society of Cincinnati, transferred a western lowland Gorilla named Ndume who had been living at the Zoo to The Gorilla Foundation (TGF) in Northern California. Ndume was sent to TGF in hopes that he and another gorilla there, named Koko, would mate and produce offspring. That never happened. In 2015, the Zoo and TGF entered into a new written agreement which expressly superseded any prior agreements. The agreement provided that upon the death of Koko, Ndume was to be placed at an institution that is accredited by the Association of Zoos and Aquariums (AZA). TGF is not an AZA accredited institution. KoKo died and the Zoo now wants to transfer Ndume back to the zoo. TGF has not made arrangements for a transfer to be carried out. The Zoo brought this suit seeking specific enforcement of the 2015 agreement and contends that it is entitled to summary judgment in its favor. TGF argued that the agreement was illegal and unenforceable because the transfer would harm Ndume. TGF identified a number of potential risks, particularly, that Ndume has a Balantidium Coli infection. TGF contended that stress could trigger an outbreak which could be fatal. The court was unpersuaded and stated that TGF signed the 2015 agreement less than 3 years before the present dispute arose and that all of the circumstances that TGF contends makes compliance with the agreement risky existed when the agreement was negotiated. TGF also contended that the agreement is impracticable due to unreasonable (non-monetary) costs. However, the Court again stated that TGF knew these facts and circumstances when it entered into the agreement. The Court granted the Zoo's motion for summary judgment and denied TGF's request for a continuance to permit it to take discovery. The parties were ordered to confer and attempt to reach a consensus on as many aspects of the protocol for transporting Ndume to the Zoo as possible. If within 30 days of the date of the order the parties cannot reach a consensus, they will have to file a joint statement setting out any issues on which they have reached a stalemate. | Case | ||
| NV - Cruelty - Consolidated Cruelty Statutes | N. R. S. 574.010 to 574.550; N.R.S. 202.487; N.R.S. 201.455 | NV ST 574.010 to 574.550; N.R.S. 202.487 | This comprehensive section comprises the Nevada anti-cruelty statutes. The section first empowers private prevention of cruelty to animals societies and outlines their powers and responsibilities, including the power to arrest. Under this section, "animal" does not include the human race, but includes every other living creature. Animal cruelty, as described in Section 574.100, prohibits the overdriving, overloading, torture, cruel beating or unjustifiable injuring, maiming, mutilation or killing of an animal, as well as the deprivation of necessary sustenance, food or drink. The first offense under this section is a misdemeanor with enhancement to a felony for a third or subsequent convictions. Animals fighting is also prohibited under the section, with enhanced sentences for subsequent convictions. Other specific crimes include mistreatment of dogs, abandonment of animals, poisoning (although the section does not prohibit the destruction of "noxious animals"), and basic requirements for the care of dogs and cats kept in kennels or sold by pounds or pet shops. | Statute | |
| CA - Fish & Game - Chapter 6.5. Control of Illegally Taken Fish and Wildlife | West's Ann. Cal. Fish & G. Code § 2580 - 2589 | CA FISH & G § 2580 - 2589 | This set of laws outlines various violations involving the possession and movement of illegally obtained animals and imposes liability for those activities. | Statute | |
| SD - Endangered Species - Chapter 34A-8. Endangered and Threatened Species | S D C L § 34A-8-1 - 13; 34A-8A-1 - 9 | SD ST 34A-8A-1 to 13; 34A-8-1 - 9 | These South Dakota statutes provide the definitions and regulations related to endangered and threatened species in the state. Under statute, state agencies shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands. It is a misdemeanor to take, possess, transport, import, export, process, sell or offer for sale, buy or offer to buy (nor may a common or contract carrier transport or receive for shipment) a listed species as defined by statute. | Statute | |
| TX - Ordinances - § 215.032. Exhibitions; Shows; Amusements | V.T.C.A., Local Government Code § 215.032 | TX LOCAL GOVT § 215.032 | This statute authorizes municipalities to prohibit or regulate circuses, exhibitions, and menageries. | 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 | |
| US - Chimpanzees - Endangered and Threatened Wildlife and Plants; Endangered Status for Chimpanzee and Pygmy Chimpanzee | 1990 WL 325467 (F.R.) | 50 CFR Part 17 RIN 1018-AB23 |
The Fish and Wildlife Service (Service) reclassifies wild populations of the chimpanzee and all populations of the pygmy chimpanzee from threatened to endangered status. Both species have declined through such problems as massive habitat destruction, excessive hunting and capture by people, and lack of effective national and international controls. This rule will enhance the protection of the Endangered Species Act of 1973, as amended, for these species. Captive populations of the chimpanzee will continue to be classified as threatened, and individuals of that species in the United States will continue to be covered by a special regulation allowing activities otherwise prohibited. |
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 |
Case | |
| FL - Endangered - Endangered and Threatened Species Act | West's F. S. A. § 379.2291 - 2311 | FL ST § 379.2291 - 379.2311 (formerly FL ST § 372.072 - 074) | These Florida statutes define endangered and threatened species and provide the State's intent to protect these species. Under statute, the intentional killing or wounding of a listed species incurs a third degree felony. Interestingly, the state has a reward program for the arrest and conviction of those who violate state endangered species laws. | Statute | |
| NE - Exotic Wildlife - 008 Keeping Wildlife in Captivity | 163 NE ADC Ch. 4, § 008 | Neb. Admin. R. & Regs. Tit. 163, Ch. 4, § 008 | This Nebraska regulation lists species that are unlawful to keep unless a person is issued a Captive Wildlife Permit, a Controlled Shooting Area Permit, a Rehabilitation Permit or a Scientific Collectors Permit, issued by the Nebraska Game and Parks Commission or under a captive cervine permit issued by the Nebraska Department of Agriculture. Captive Wildlife Permits shall not be issued for wild birds or wild mammals which have been taken or removed from the wild. Provisions for public auctions that deal in captive wild bird or mammals are described in 008.004. Importation and exportation of wildlife are also detailed in this rule. | Administrative |