Results
Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
---|---|---|---|---|---|
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 This Order was Superseded by In Defense of Animals v. National Institutes of Health , 543 F.Supp.2d 70 (D.D.C., 2008).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 | |
GA - Cruelty - Consolidated Cruelty Laws | Ga. Code Ann., § 16-12-4, § 16-6-6 | GA ST § 16-12-4; § 16-6-6 | This comprises Georgia's anti-cruelty provisions. Under the statute, "animal" does not include any fish or any pest that might be exterminated or removed. A person commits the offense of cruelty to animals when he or she causes death or unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor, but subsequent convictions incur enhanced penalties. A person commits the offense of aggravated cruelty to animals when he or she knowingly and maliciously causes death or physical harm to an animal by rendering a part of such animal's body useless or by seriously disfiguring such animal. | Statute | |
MI - Enforcement - Chapters 760 to 777 Code of Criminal Procedure. | M. C. L. A. 764.16 | MI ST 764.16 | This law authorizes private citizens to make arrests. | Statute | |
CT - Exotic Animals - Sec. 26-54-1. Wildlife pen specifications | CT ADC § 26-54-1, CT ADC § 26-55-6 | Regs. Conn. State Agencies § 26-54-1; Regs. Conn. State Agencies § 26-55-6 | Connecticut regulation 26-54-1 gives the wildlife pen specifications for any bird or quadruped possessed under the provisions of section 26-54 or 26-55 of the General Statutes. In addition, Sec. 26-55-6 replaced 26-55-2 in 2012 (the rule on quadruped importation). Sec. 22-55-6 now divides animals into Categories 1 - 4 based on the dangerousness of the animal to people, whether it is an endangered or threatened species, and even the risk it poses to and the native environment. The rule then states that no person except certain entities like zoos, museums, USDA licensed exhibitors, and research facilities may possess Category One Wild Animals. Restrictions are also imposed on other categories of animals. The rule also details the grandfathering process for owning a primate that weighs less than 35 lbs. | 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 | |
NY - Endangered Species - Part 182. Endangered and Threatened Species of Fish and Wildlife | 6 NY ADC 182..1 - .17 | 6 NYCRR 182.1 - .17 | This set of New York regulations concerns endangered, threatened, and species of special concern. Section 182.5 provides a list of native species listed as endangered, threatened, or of special concern. Under Section 182.7, the department may issue a license to a person to transport, sell, import and/or possess a listed species for purposes it deems legitimate. | Administrative | |
CA - Crimes - § 597. Cruelty to animals | West's Ann. Cal. Penal Code § 597 | CA PENAL § 597 | This statutes states that anyone who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment. The statute also defines specific forms of torture and mistreatment that qualifies as a crime under this section. | Statute | |
MT - Exotic wildlife - Part 7. Importation, Introduction, and Transplantation of Wildlife | MCA 87-5-701 to 87-5-725 | MT ST 87-5-701 to 87-5-725 | These Montana statutes control the importation, introduction, and transplantation of exotic wildlife into the state. The importation of any wildlife is prohibited unless the species poses no threat of harm to native wildlife and plants or to agricultural production and that the introduction has significant public benefits. Violations may result in a fine or imprisonment. | Statute | |
LA - Captive Wildlife - §115. Possession of Potentially Dangerous Wild Quadrupeds and Non-Human Primates | 76 LA ADC Pt V, § 115 | La. Admin Code. tit. 76, pt. V, § 115 | This Louisiana regulation states that the possession of certain potentially dangerous quadrupeds, big exotic cats, and non-human primates poses significant hazards to public safety and health, is detrimental to the welfare of the animals, and may have negative impacts on conservation and recovery of some threatened and endangered species. As a result, except as provided, it is unlawful to import into, possess, purchase or sell within the state of Louisiana, by any means whatsoever including but not limited to transactions conducted via the internet, any of the following species: cougar or mountain lion (Felis concolor); black bear (Ursus americanus); grizzly bear (Ursus arctos); polar bear (Ursus maritimus); red wolf (Canis rufus); gray wolf (Canis lupus); wolf dog hybrid (Canis lupus or Canis rufus x Canis familiarus); all non-human primates. While the prohibition against wolf-dog hybrids expired January 1, 1997, the regulation cautions persons that local ordinances or other state regulations may prohibit possession of these animals. | Administrative | |
NM - Endangered Species - Chapter 17. Game and Fish and Outdoor Recreation. | N. M. S. A. 1978, § 17-2-37 to 17-2-46 | NM ST § 17-2-37 to 17-2-46 | These statutes comprise the New Mexico Wildlife Conservation Act. Included in the provisions are definitions related to the statute, legislative policies, and regulations for listing or delisting species. Violation of the Act constitutes a misdemeanor and can incur a penalty from $50 - 1,000 depending on the categorization of the species taken. | Statute |