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Displaying 21 - 30 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 | |
| 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 | |
| “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 | |
| CT- Pet Shops - Sec. 22-344-21a. Prohibited sales | CT ADC § 22-344-32 - 94 | Regs. Conn. State Agencies § 22-344-32 - § 22-344-94 | This Connecticut regulation lists the animals of which the exhibition, sale or offer for sale by a pet shop is prohibited. The condition in which commercial kennel facilities, pet shops, grooming facilities, training facilities, and animal shelters must be kept are described including sanitation, health requirements, ventilation, and other structural requirements. | Administrative | |
| OR - Exotic Pets - Division 11. Livestock Health and Sanitation. Exotic Animals | OR ADC 603-011-0700 to 0725 | OAR 603-011-0700 to 0725 | This set of regulations includes the Oregon Department of Agriculture's rules governing the possession of non-human primates. Individuals wishing to possess a non-human primate must be qualified by experience and education, have an approved facility, and must obtain an exotic animal permit from the Department. All permittees must comply with the agency's rules for the housing and care of non-human primates and any additional permit conditions that the Department imposes. | Administrative | |
| KY - Cruelty - Consolidated Cruelty Statutes | KRS § 525.125 - 137; KRS § 436.600 - 610 | KY ST § 525.125 - 137; KY ST § 436.600 - .610 | These Kentucky statutes represent the state's anti-cruelty and animal fighting provisions. Under the law, animal cruelty in the first-degree (a class D felony) occurs when a person causes four-legged animals to fight for pleasure or profit. Exclusions under this section include, among others, the killing of animals when hunting, fishing, or trapping; as incident to the processing as food or for other commercial purposes; or for veterinary, agricultural, spaying or neutering, or cosmetic purposes. | Statute | |
| ANIMAL LEGAL DEFENSE FUND, a California corporation, CHIMPANZEE COLLABORATORY, SARAH BAECKLER, AMAZING ANIMAL ACTORS, INC., a Ca | Plaintiffs assert in their complaint that defendants, individuals and companies who use non-human primates in television and movie productions, engage in physical and psychological abuse of chimpanzees. According to plaintiffs, the abuse has been going on for years and includes violent beatings with sticks and other implements. Plaintiffs raise their first cause of action under the federal Endangered Species Act, contending that defendant's harassment, beating, and brutalization of the chimpanzees constitutes a "taking" under the ESA. Plaintiffs also raise causes of action under California law for specific recovery of property (e.g., the primates), conversion, violations under the California Business Code, and violations under the cruelty provisions of the California Penal Code. | Pleading | |||
| ID - Exotic Animals - Chapter 27. Rules Governing Deleterious Exotic Animals | IDAPA 02.04.27.100 | ID ADC 02.04.27.100 | These Idaho rules concern the possession, propagation, and exhibition of "deleterious exotic animals." No person may possess or propagate a deleterious exotic animal in the state, unless such person obtains a possession permit issued by the Administrator. Species of deleterious exotic animals include leopards, lions, non-pinioned mute swans, Russian wild boar, and all non-human primates, among others. | Administrative |