Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| American Society For Prevention of Cruelty to Animals v. Ringling Bros. and Barnum & Bailey Circus | 317 F.3d 334 (C.A.D.C.,2003) | 55 ERC 1904, 354 U.S.App.D.C. 432 |
The American Society for the Prevention of Cruelty to Animals, the Animal Welfare Institute, the Fund for Animals, and Thomas Rider sued Ringling Bros. and its owner, Feld Entertainment, Inc., claiming that Asian elephants are an endangered species and that the circus mistreated its elephants in violation of the Endangered Species Act, 16 U.S.C. § 1531 et seq. The only question was whether, as the district court ruled in dismissing their complaint, plaintiffs (including a former elephant handler) lack standing under Article III of the Constitution. The Court of Appeals held that the former elephant handler demonstrated present or imminent injury and established redressability where the elephant handler alleged enough to show that his injuries will likely be redressed if he is successful on the merits. |
Case |
| FL - Police Animal - 401.254. Treatment of injured police canines | West's F. S. A. § 401.254 | FL ST § 401.254 | This Florida law enacted in 2021 states that a licensed professional may transport a police canine injured in the line of duty to a veterinary or similar clinic if there is no individual awaiting medical transport. In addition, a paramedic or EMT may may provide emergency medical care to a police canine injured in the line of duty while at the scene of the emergency or while the police canine is being transported to a veterinary clinic or similar facility. A paramedic or an emergency medical technician who acts in good faith to provide emergency medical care to an injured police canine is immune from criminal or civil liability. | Statute |
| CA - Slaughter - § 599f. Nonambulatory animals; slaughter houses, stockyards, auctions, market agencies, or dealers; transaction | West's Ann. Cal. Penal Code § 599f | CA PENAL § 599f | As used in this section, "nonambulatory" means unable to stand and walk without assistance. This statute prohibits a slaughterhouse that is not inspected by the United States Department of Agriculture, stockyard, or auction shall buy, sell, or receive a nonambulatory animal. Effective July 2008, the law also states that no slaughterhouse shall sell meat from non-ambulatory animals for human consumption. The penalty was also increased from an unspecified misdemeanor to a penalty of up to one year in jail or a fine of up to $20,000 or both. | Statute |
| Manila Conference on Animal Welfare | The Manila Conference on Animal Welfare recognizes: That animal welfare is an issue worth consideration by governments. That the promotion of animalof animal welfare requires collective action and all stakeholders and affected parties must be involved. That work on animal welfare is a continuous process. RECOGNIZING that animals are living, sentient beings and therefore deserve due consideration and respect. | Statute | ||
| EU - Farming - 78/923/EEC: Council Decision of 19 June 1978 concerning the conclusion of the European Convention for the protect | 78/923/EEC |
This EU council decision approves the European Convention for the protection of animals kept for farming purposes on behalf of the European Economic Community. It has the aim of protecting animals kept for farming purposes, particularly in modem intensive production systems. |
Statute | |
| Robinson v. U.S. | 718 F.2d 336 (10th Cir. 1983) |
Richard "Dick" Robinson was charged by the Department of Agriculture with violating the Animal Welfare Act for transporting a wolf from Utah to California for exhibition on television without a license. Robinson exhibited the wolf on several television programs to promote his most recent book about his exploits as an animal trainer and producer of animal films. Respondent once held a valid exhibitor's license under the AWA, but the license was revoked in 1979 when Robinson failed to comply with the terms of a consent decision requiring him to install more adequate plywood cover for his bear cages. After a hearing, the Administrative Law Judge (ALJ) for the Department of Agriculture issued a cease and desist order to prevent Robinson from further illegally transporting and exhibiting his animals and assessed a $500 civil penalty against him. The Judicial Officer of the Department of Agriculture affirmed the order of the ALJ on appeal. The 10th Circuit affirmed the ALJ's conclusion that a cease and desist order by itself was insufficient and that a $500 penalty was necessary to impress Robinson with the need to comply with the Act's requirements in the future. |
Case | |
| Kollman Ramos v. U.S. Dept. Of Agr. | 322 Fed.Appx. 814 (C.A.11) | Slip Copy, 2009 WL 922661 (C.A.11) |
Petitioner sought to have the United States Court of Appeals, Eleventh Circuit, set aside a Default Decision and Order of a United States Department of Agriculture Judicial Officer concluding that Petitioner had willfully violated multiple provisions of the AWA, including knowingly operating as a dealer without a license by delivering for transportation, or transporting, two lions for exhibition without a valid license to do so, causing injury to two lions that resulted in the death of one of the lions, and lying to investigators about Petitioner’s actions. The Court affirmed the Judicial Officer’s Decision and Order, finding, among other things, that the USDA did not err in concluding that Petitioner failed to admit or deny any material allegations in the complaint and was thus deemed to have admitted all allegations, the Judicial Officer did not abuse his discretion by revoking Petitioner’s AWA license on a finding of willfulness, and that that the Judicial Officer’s Decision and Order did not violate fundamental principles of fairness as embodied in the Fifth Amendment of the United States Constitution, the Administrative Procedures Act, the Animal Welfare Act, and the USDA’s rules. |
Case |
| Justice, an American Quarter Horse, by and through his Guardian, Kim MOSIMAN, Plaintiff, v. Gwendolyn VERCHER, Defendant. | This Oregon complaint seeks economic and non-economic damages for Justice, an American Quarter Horse from Oregon, by and through his guardian. Justice suffered extreme pain, distress, and permanent injury due to the criminal neglect of Defendant Gwendolyn Vercher. According to the facts issued in the complaint, Defendant denied Justice adequate food and shelter for months, abandoning him to starve and freeze. As a result of this neglect, Justice was left debilitated and emaciated. Plaintiffs' attorneys plead negligence per se based on violation of Oregon's anti-cruelty statute. The attached opinion letter from Washington County Circuit Court grants defendant's motion to dismiss for lack of capacity to sue. In an issue of first impression, the court ruled that finding that a horse, or any nonhuman animal, has the capacity to sue would have "profound implications." In addition, the court found that a non-human animal lacks the capacity to "accept[] legal responsibilities." The court left it to the Oregon Legislature or the appellate court to wade into a policy debate on animal rights. | Pleading | ||
| CT - Racing - Chapter 226. Gaming Policy, Regulation and Revenue | C. G. S. A. § 12-557 - 12-586 | CT ST § 12-557-12-586 | A person or business organization must have a license in order to conduct a races. The Commissioner of Consumer Protection is the one who grants the licenses. Each town must hold an election approving racing and pari-mutuel wagering in order for a license to be issued. The Commissioner may order random urine testing of race dogs. The Commissioner is also allowed to conduct investigations and hearings in order to carry out the provisions of this statute and is responsible for adopting regulations. | Statute |
| US - AWA - 1976 Public Law 94-279 | 1976 PL 94-279 | The 1976 Amendments of the AWA dealt with several new topics: (1) transportation carriers and intermediate handlers of animals were brought under the provisions of the Act, (2) a number of specific transportation problems were addressed by Congress, (3) a new provision was added which made it a crime to knowingly sponsor, participate in, transport, or use the mails to promote fights between live birds, live dogs or other mammals, (4) the penalty provisions were rewritten, allowing the broad use of civil fines. | Statute |