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Title Citation Alternate Citation Summary Type
Colombia, Ley 1638, 2013 Ley 1638 de 2013 Ley 1638, prohibits the use of wild animals, native or exotic as part of shows in circuses in the entire country. To accomplish this goal, Ley 1638 gave circuses a two-year deadline to make the transition and re-purpose their shows without the use of wild animals. After the two year-period, national and local authorities would not be able to issue any licenses allowing the use of wild animals for this kind of shows. This law does not include the use of domestic animals. Statute
In re Endangered Species Act Section 4 Deadline Litigation-MDL No. 2165 704 F.3d 972 (D.C. Cir. Ct. App.,2013) 2013 WL 45871 (D.C. Cir. Ct. App.,2013)

After parties in a lawsuit over listing species as endangered or threatened agreed upon a settlement, the Safari Club motioned to intervene because the settlement might affect three species that the club's members hunt. The district court denied the motion to intervene as of right because the club lacked Article III standing and denied a permissive intervention because it would cause undue delay and prejudice to the parties; the court then approved the settlement and the club appealed. The appeals court affirmed the lower court's decision that the club lacked Article III standing for intervening as of right. The appeals court, however, in view of uncertainty whether Article III standing was required for permissive intervention, declined to exercise pendant appellate jurisdiction over the permissive intervention appeal.

Case
Viva! v. Adidas 63 Cal.Rptr.3d 50 (Cal., 2007) 2007 WL 2080000 (Cal. 2007), 41 Cal.4th 929 Viva, an animal protective organization, filed action against Adidas shoe retailer alleging that it was violating a state statute banning the import of products made from Australian kangaroo hide into California. On cross motions for summary judgment, the original court sided with Adidas, on the ground that state statute was preempted by federal Endangered Species Act of 1973.  The appeals court affirmed, however the California Superior Court reversed, holding that the state statute was not preempted by federal law.  Case
OR - Exotic Pets - Chapter 609. Animal Control; Exotic Animals; Dealers. O. R. S. § 609.205 - 355 OR ST § 609.205 - 355 These Oregon laws concern the regulation of exotic pets in the state. An "exotic animal" for purposes of the section means a member of the family Felidae not indigenous to Oregon (except the domestic cat), any nonhuman primate, any nonwolf member of the family Canidae not indigenous to Oregon (except the domestic dog), any bear except the black bear, and any member of the order Crocodylia. A person may not keep an exotic animal in this state unless the person possesses a valid State Department of Agriculture permit for that animal issued prior to the effective date of this 2009 Act. Statute
MO - Ordinances - Chapter 77. Third Class Cities V. A. M. S. 77.590, 79.110, 80.090, 82.300 MO ST 77.590, 79.110, 80.090, 82.300 This set of statutes authorizes municipal governments to regulate animals and animal-related nuisances. Statute
Maloney v. State 1975 OK CR 22 (Ok. App. 1975) 1975 OK CR 22 (Ok. App. 1975)

The State charged defendant with maliciously placing a dog in a pit with another dog and encouraging the dogs to fight, injure, maim, or kill one another. The trial court convicted defendant of cruelty to animals pursuant to Okla. Stat. tit. 21, §   1685 (1971) and fined defendant. Defendant appealed. On appeal, the court held that Okla. Stat. tit. 21, §   1682 (1971) was constitutional as applied to the case but reversed and remanded the case because the court determined that the defendant had been improperly convicted under the anti-cruelty statute rather than the dogfighting statute.

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NE - Ferret - § 37-526. Ferrets; use or possession prohibited, when; violation; penalty Neb.Rev.St. § 37-526 NE ST § 37-526 This Nebraska statute states that it shall be unlawful to hunt rabbits, squirrels, or any fur-bearing animal with or by the aid of a ferret. It is also unlawful to have a ferret in one's possession or control in a field or forest or in any vehicle going to or from hunting territory. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars. Statute
American Society For The Prevention of Cruelty To Animals v. Ringling Brothers and Barnum & Bailey Circus 2008 WL 3411666 (D.D.C.)

On Plaintiffs’ motion to compel discovery from Defendants, The United States District Court, District of Columbia, determined that “master schedules” and “performance reports” were not documents pertaining to the chaining of elephants, and/or describing practices and procedures for maintaining elephants on the train, and Plaintiffs were therefore not entitled to such documents. The Court could not determine whether certain audio tapes demanded by Plaintiffs pertained to the medical condition or health status of any Asian elephants in Defendants’ custody during a specified time-frame, or pertained to the investigation of Defendants’ operation conducted by the Department of Agriculture, without being given the opportunity to listen to and review the audio tapes. Plaintiffs’ mere speculation that Defendants hired an outside consulting firm to follow and/or counteract a previous employee’s efforts did not entitle Plaintiffs to any further judicial action.

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AR - Facility Dog - § 16-43-1002. Certified facility dogs for child witnesses Ark. Code Ann. § 16-43-1002 A.C.A. § 16-43-1002 This statute deals with the use of certified facility dogs for child witnesses and vulnerable witnesses (a person testifying in a criminal hearing or trial who has an intellectual and developmental disability or has a significant impairment in cognitive functioning acquired as a direct consequence of a brain injury or resulting from a progressively deteriorating neurological condition, including without limitation Alzheimer's disease or dementia). In order to qualify as a certified facility dog, a dog must graduate from an assistance dog organization after receiving at least 2 years of training and passing the same public service access test as a service dog. Statute
U.S. v. Martinelli 240 F. Supp. 365 (N.D. Cal. 1965)

Court held the 1962 version of the BGEPA mandates a jury trial where defendant requests one, despite the fact it constitutes a "petty offense."  For further discussion of criminal prosecutions under the BGEPA, see Detailed Discussion of Eagle Act.

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