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Displaying 61 - 70 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Missouri Primate Foundation v. People for Ethical Treatment of Animals, Inc. | Slip Copy, 2018 WL 1420239 (E.D. Mo. Mar. 22, 2018) | This matter is a motion of counterclaim by defendants Missouri Primate Foundation to dismiss PETA's (the counterclaim plaintiff) assertion that two chimpanzees were being held in conditions that deprived the chimpanzees of adequate social groups, space, and psychological stimulation, putting them at risk of and causing physical and psychological injury, such as deteriorated cardiovascular and musculoskeletal health, stress, anxiety and depression. PETA also alleges that the chimpanzees were denied a sanitary environment, proper ventilation, a healthy diet, and adequate veterinary care. PETA claimed that the Missouri Primate Foundation (MPF) (the counterclaim defendants) were holding the two chimpanzees in conditions that “harm” and “harass” the chimpanzees, thus violating the “take” prohibition of the Endangered Species Act (ESA). MPF's motion contends that PETA’s counterclaim is based on allegations that they failed to comply with the Animal Welfare Act, not the ESA. MPF further contends that because the chimpanzees at its facility were lawfully in captivity and under the auspices of the AWA as administered by the USDA–APHIS, so the chimpanzees cannot be subject to a “take” under the ESA. They further argued that PETA lacked standing as the AWA preempts or supersedes the ESA as to animals held at USDA licensed facilities. Because the AWA does not allow citizen suits, MPF argued, the case must be dismissed. After examining similar cases, this court concluded that claims under the AWA and ESA are complementary and do not conflict, and that the ESA protects captive animals regardless of whether the alleged violator is an AWA licensed entity. The court found that the allegations by PETA are sufficient at this stage of the case and issues of proof are reserved for trial. As such, the court denied the motions of the counterclaim defendants. | Case | ||
| AL- Wildlife - 220-2-.154. Standards Of Care For Wildlife Used For Public Exhibition Purposes. | AL ADC 220-2-.154 | Ala. Admin. Code r. 220-2-.154 | This regulation classifies all species of wildlife into three separate categories (Class I, Class II, and Class III) and creates a permit requirement for anyone wishing to exhibit those animals. It also includes various rules governing the housing, care, and display of wildlife possessed for public exhibition purposes. | Administrative | |
| 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 | |
| IL - Pet Shops - Chapter 225. Professions and Occupations. | 225 I.L.C.S. 605/1 - 22 | IL ST CH 225 § 605/1 - 22 | This section comprises Illinois' Animal Welfare Act. The Act is primarily aimed at regulating commercial pet dealers, such as kennels, breeders, and retail pet shops. The provisions include restrictions on the age at which both dogs and cats can be separated from their mothers (8 weeks). | 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 | ||
| WV - Exotic Pet - § 20-2-51. Permit for keeping pets; § 20-2-52. Permits for roadside menageries | W. Va. Code, § 20-2-51; W. Va. Code, § 20-2-52 | WV ST § 20-2-51; WV ST § 20-2-52 | This West Virginia statute provides that the state fish and game director may issue a permit to a person to keep and maintain in captivity as a pet, a wild animal acquired from a commercial dealer or during the legal open season. The fee is charged is two dollars. | Statute | |
| MI - Research - Chapter 333. Health. Public Health Code. | M.C.L.A. 333.2671 - 2678 | MI ST 333.2671 - 2678 | This set of Michigan laws proclaims that "[t]he public health and welfare depend on the humane use of animals for the diagnosis and treatment of human and animal diseases." It also creates an animal research advisory board which may regulate and establish standards pursuant to section 2678 controlling the humane use of animals. Further, the department, its representative, or a member of the animal research advisory board may inspect any premises or property on or in which animals are kept for experimental purposes for the purpose of investigation of compliance with board standards. A person shall not keep or use animals for experimental purposes unless registered to do so by the department. | Statute | |
| NM - Exotic Pets - 19.35.7. Importation of Live Nondomestic Animals Birds and Fish | N.M. Admin. Code 19.35.7.1 - 23 | NM ADC 19.35.7.1 - 23 | This regulation covers persons who desire to bring wildlife species into the state of New Mexico. It may include the general public, pet importers, holders of Class A park licenses, department permitees and others. The stated objective is, "[t]o provide consistent criteria for the importation of live non-domesticated animals into New Mexico and to protect native wildlife against the introduction of contagious or infectious diseases, undesirable species and address human health and safety issues." | Administrative | |
| In Defense of Animals v. National Institutes of Health | 527 F.Supp.2d 23 (D.D.C., 2007) | 2007 WL 4329474 (D.D.C.) |
This FOIA case was brought against the National Institutes of Health ("NIH") by In Defense of Animals (“IDA”) seeking information related to approximately 260 chimpanzees located as the Alamogordo Primate Facility (“APF”) in New Mexico. Before the court now is NIH's Motion for Partial Reconsideration as to the release of records. This Court rejected NIH’s arguments that the records are not “agency records” because they belong to NIH's contractor, Charles River Laboratories, Inc. (“CRL”), a publicly held animal research company. Also, the Court was equally unconvinced that the information requested here is “essentially a blueprint of the APF facility,” and that release of such information presents a security risk to the facility. This Order was Superseded by In Defense of Animals v. National Institutes of Health , 543 F.Supp.2d 70 (D.D.C., 2008). |
Case | |
| PA - Permits - Chapter 133. Wildlife Classification. | 58 PA ADC § 133.1 - .6; 58 PA ADC § 133.21; 58 PA ADC § 133.41 | 58 Pa. Code § 133.1 to .6; 58 Pa. Code § 133.21; 58 Pa. Code § 133.41 | This set of Pennsylvania regulations defines terms used such as protected mammals, protected birds, endangered species, threatened species, and furbearers. | Administrative |