Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Animal Legal Defense Fund v. Veneman | 490 F.3d 725 (9th Cir. 2007) | 07 Cal. Daily Op. Serv. 6427 |
Plaintiffs, who include the Animal Legal Defense Fund ("ALDF"), the Animal Welfare Institute ("AWI"), and three individuals, challenged the United States Department of Agriculture's ("USDA") 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 nonhuman primates in order to comply with the federal Animal Welfare Act ("AWA"). The district court granted USDA's motion to dismiss, to which the ALDF timely appealed. Over a vigorous dissent, an appeals court panel reversed the district court's decision. After a sua sponte call, however, a majority of active judges voted to rehear the case en banc. Yet, before the rehearing occurred, the parties had reached a settlement and had agreed to dismiss the case with prejudice provided that the panel's opinion and judgment were vacated. The majority of the en banc panel agreed to vacate the panel's opinion and judgment with prejudice, but Judge Thomas filed the dissenting opinion. |
Case | |
| TN - Wildlife - Chapter 1660-01-15 Rules and Regulations for Animal Importation. | TN ADC 1660-01-15-.01, .02 | Tenn. Comp. R. & Regs. 1660-01-15-.01 to .02 | These Tennessee regulations outline the guidelines for importing any live wild animal species obtained from outside the State of Tennessee. | Administrative | |
| ME - Fish and Wildlife - Chapter 7. Regulations for Wildlife in Captivity | 09-137 CMR Ch. 7, § 7.00 - 7.18 | 09-137 CMR Ch. 7, § 7.00 - 7.18 | This set of Maine regulations concerns the keeping of captive wildlife. A permit is generally required for importation, possession, propagation, rehabilitation, and exhibition of wildlife in the state. Wildlife held in captivity must be confined, contained, controlled, and sheltered in such a way as to protect it, and to protect property of others and the health and safety of the public. Section 7.11 provides the conditions and restrictions under the permit. Section 7.12 states that no primate shall be permitted unless the applicant/permit holder demonstrates a physical aide legitimate need for physical aide from a primate, and the animal in question is specifically trained for such purposes ( or the applicant must be providing foster care or training for the primate under direction or supervision of a recognized authority for same). | Administrative | |
| NY - Wild Animals - § 11-0512. Possession, sale, barter, transfer, exchange and import | McKinney's E. C. L. § 11-0512 | NY ENVIR CONSER § 11-0512 | This section provides that no person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life. Certain other entities are also excepted from this ban. | Statute | |
| PA - Endangered Species - Chapter 104. Wild Resource Conservation | 34 Pa.C.S.A. § 2167; 34 Pa.C.S.A. § 2924; 34 Pa.C.S.A. § 925; 32 P.S. §§ 5301 - 14 | This set of Pennsylvania laws comprises the state's endangered species provisions. Section 2167 makes it unlawful for any person to bring into or remove from this Commonwealth, or to possess, transport, capture or kill, or attempt, aid, abet or conspire to capture or kill, any wild bird or wild animal, or any part thereof, or the eggs of any wild bird, which are endangered or threatened species. It is the duty of every officer having authority to enforce this title to seize all wild birds or wild animals, or any part thereof, or the eggs of any wild bird, which have been declared endangered or threatened. Any commerce in endangered species is also prohibited. For a first violation, a person may have his or her hunting privileges revoked for 7 years. A second violation during that period may result in forfeiture of the privilege to hunt for 10 years. A third violation brings the forfeiture to 15 years. | Statute | ||
| US - Endangered Species - Subpart B. § 17.11 Endangered and threatened wildlife. | 50 C.F.R. § 17.11 | The list in this section contains the names of all species of wildlife which have been determined by the Services to be Endangered or Threatened. It also contains the names of species of wildlife treated as Endangered or Threatened because they are sufficiently similar in appearance to Endangered or Threatened species. | Administrative | ||
| AL - Cruelty - Alabama Consolidated Cruelty Statutes | Ala. Code 1975 § 13A-11-14 - 16; § 13A-11-240 to 247; § 13A–11–260 to 264; § 13A-12-4 - 6; § 3-1-8 to 29; § 2-15-110 to 114 | AL ST § 13A-11-14 to 16; § 13A-11-240 to 247; § 13A–11–260 to 264; § 13A-12-4 - 6; § 3-1-8 to 29; § 2-15-110 to 114 | These Alabama provisions contain the state's anti-cruelty laws. The first section (under Article 1 of Chapter 11) provides that a person commits a Class A misdemeanor if he or she subjects any animal to cruel mistreatment, neglect (as long as he or she has custody of the animal), or kills or injures without good cause any animal belonging to another. However, if any person intentionally or knowingly violates Section 13A-11-14, and the act of cruelty or neglect involved the infliction of torture to the animal, that person has committed an act of aggravated cruelty and is guilty of a Class C felony. The next section (Article 11 of Chapter 11 entitled, "Cruelty to Cats and Dogs"), provides that a person commits the crime of cruelty to a dog or cat in the first degree if he or she intentionally tortures any dog or cat or skins a domestic dog or cat or offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a dog or cat in the first degree is a Class C felony. | Statute | |
| Convention on International Trade in Endangered Species | 27 U.S.T. 1087 |
CITES is a mature international treaty which, as of the Fall of 2002, has over 150 countries as members. The purpose of the treaty is to control the international movement of listed wild plants and animals, alive or dead, whole or parts there of ("specimens" of species) in such a manner as to be assured that the pressures of international trade do not contribute to the endangerment of the listed species. States must issue permits for international movement of listed species. |
Treaty | ||
| IN - Endangered Species - Chapter 34. Nongame and Endangered Species Conservation | I.C. 14-22-34-1 to 21 | IN ST 14-22-34-1 to 21 | These Indiana statutes set out the definitions related to endangered species and prohibit any form of possession of listed species, including taking, transporting, purchasing or selling except by permit. Listed species may be removed, captured, or destroyed if it is shown by good cause that the species are causing property damage or are a danger to human health. | Statute |