Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Baldwin v. Fish and Game Commission of Montana | 98 S.Ct. 1852(1978) | 436 U.S. 371 (1978) |
Appellants brought this action for declaratory and other relief claiming that the Montana statutory elk-hunting license scheme, which imposes substantially higher (at least 7 1/2 times) license fees on nonresidents of the State than on residents, and which requires nonresidents (but not residents) to purchase a "combination" license in order to be able to obtain a single elk, denies nonresidents their constitutional rights guaranteed by the Privileges and Immunities Clause of Art. IV, § 2, and by the Equal Protection Clause of the Fourteenth Amendment. The court held that the Privileges and Immunity Clause is not implicated, as access to recreational hunting is not fundamental and Montana has provided equal access for both residents and non-residents. Further, the statutory scheme does not violate the Equal Protection Clause because the state has demonstrated a rational relationship between the increased fee to non-residents (i.e., protection of a finite resource (elk) where there has been a substantial increase in non-resident hunters). |
Case | |
| DE - Police Dog - § 9816. Emergency care of police dogs | 16 Del.C. § 9816 | DE ST TI 16 § 9816 | This 2023 Delaware law states that a paramedic or other EMS provider may provide emergency medical services to an injured police dog at the scene of an emergency that has resulted in the police dog's injury. They may also transport the police dog to a designated veterinary facility and provide emergency medical services to the police dog during transport to the facility, if the paramedic or EMS provider deem it necessary for the police dog's survival. | Statute | |
| LA - Trust - § 2263. Trust for the care of an animal | LSA-R.S. 9:2263 | This law enacted in 2015 allows the creation of a trust may to provide for the care of one or more animals that are "in being and ascertainable" on the date of the creation of the trust. The trust may designate a caregiver for each animal. The trust terminates on the death of the last surviving animal named in the trust. The "comments" that follow the statutory language provide some interesting explanation of several provisions of the new law. | Statute | ||
| PA - Veterinary Issues - Rules of Professional Conduct | 49 PA ADC § 31.21 | 49 Pa. Code § 31.21 | The State Board of Veterinary Medicine is empowered under section 5(2) of the act (63 P. S. § 485.5(2)) to adopt rules and regulations of professional conduct appropriate to establish and maintain a high standard of integrity, skill and practice in the profession of veterinary medicine. In accordance with this authority, the Board has determined that the following rules are necessary in the public interest to protect the public against unprofessional conduct on the part of veterinarians. | Administrative | |
| US - Migratory Birds - Final List of Bird Species to Which the Migratory Bird Treaty Act Does Not Apply | FR Doc. 05-5127 |
We are publishing a final list of the nonnative bird species that have been introduced by humans into the United States or its territories and to which the Migratory Bird Treaty Act (MBTA) does not apply. This action is required by the Migratory Bird Treaty Reform Act (MBTRA) of 2004. The MBTRA amends the MBTA by stating that it applies only to migratory bird species that are native to the United States or its territories, and that a native migratory bird is one that is present as a result of natural biological or ecological processes. This notice identifies those species that are not protected by the MBTA, even though they belong to biological families referred to in treaties that the MBTA implements, as their presence in the United States and its territories is solely the result of intentional or unintentional human-assisted introductions. |
Administrative | ||
| KS - Assistance Animal - Consolidated Assistance Animal Laws | K. S. A. 39-1101 to 1113; 21-6416; 8-1542 | KS ST 39-1101 to 1113; 21-6416; 8-1542 | The following statutes comprise the state's relevant assistance animal and service animal laws. | Statute | |
| CO - Exotic - Article 81. Hybrid Animals | C. R. S. A. § 35-81-101 to 102 | CO ST § 35-81-101 to 102 | This Colorado statute authorized the commissioner of the department of agriculture to appoint and convene an advisory group to study the behavior of hybrid canids (wolf hybrids) and felines, including a review of any incidents involving property damage and personal injury caused by such animals. The department was to present its findings and proposals for legislation in January of 1998. | Statute | |
| Wyoming Farm Bureau v. Babbitt | 987 F.Supp. 1349 (D. Wyoming 1997) | 46 ERC 1516 (D. Wyoming 1997) |
The Wyoming Farm Bureau, amateur researchers, and environmental groups appealed an agency to introduce experimental population of gray wolves in a national park and central Idaho. After ruling on the various standing issues, the court held that the ESA section allowing experimental population to be maintained only when it is "wholly separate geographically" from nonexperimental populations includes overlap even with individual members of nonexperimental species. However, the defendants' treatment of all wolves found within boundaries of designated experimental population areas as nonessential experimental animals was contrary to law as provided in their own regulations. Therefore, the court ordered that Defendants' Final Rules establishing a nonessential experimental population of gray wolves in Yellowstone National Park in Wyoming, Idaho, Montana, central Idaho and southwestern Montana was unlawful. Further, that by virtue of the plan being set aside, defendants must remove reintroduced non-native wolves and their offspring from the Yellowstone and central Idaho experimental population areas. This decision was reversed in 199 F.3d 1224. |
Case | |
| U.S. v. Lawson | 677 F.3d 629 (4th Cir., 2012) | 2012 WL 1372172 (4th Cir., 2012) | Defendants appealed their conviction of violating, and conspiring to violate, the animal fighting prohibition of the Animal Welfare Act (AWA). The Court of Appeals granted a new trial, but held, in part, that the AWA is a constitutional exercise of Congress' power under the Commerce Clause, and that the provision of different elements of the crime in jurisdictions permitting animal fighting does not violate equal protection rights under the Fifth Amendment. | Case | |
| OR - Eggs - Laying Conditions (Chapter 632) | Or. Rev. Stat. Ann. § 632.835 - 850 | This set of Oregon laws comprise the state's laws to regulate the conditions that egg-laying hens may be kept in. Under these laws, egg-laying hens must be kept in conditions that are designed to promote humane welfare standards and effective in preventing the spread of food-borne pathogens. Violators may be subject to a civil penalty of no more than $2,500 or have their egg handler's license revoked. | Statute |