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Title Citation Alternate Citation Summary Type
ME - Exotic Pets - Chapter 723. Facility Licenses. 7 M. R. S. A. § 3931-B (§ 3931-B. Repealed. Laws 2011, c. 100, § 13, eff. May 19, 2011) REPEALED: This Maine statute outlines the requirements that apply to wolf hybrid kennels. A person who operates a wolf hybrid kennel must register with the department. The offspring of a wolf hybrid must be permanently identified prior to transferring ownership or care of the animal. Failure to comply with the provisions of this section results in a civil violation with a forfeiture not to exceed $1,000. (For other exotic pet laws in Maine, see Chapter 730-A. Breeding, Sale and Transportation of Small Mammals). Statute
FL - Cruelty, Humane Slaughter - Consolidated Cruelty Statutes/Humane Slaughter Laws West's F. S. A. § 828.01 - 828.43; West's F. S. A. § 768.139 FL ST 828.01 - 828.43; FL ST § 768.139; FL ST § 843.19 This section comprises the Florida anti-cruelty laws. Under this section, the word "animal" includes every living dumb creature. The misdemeanor violation of animal cruelty (section 828.12) occurs when a person unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or carries in or upon any vehicle, any animal in a cruel or inhumane manner. A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering is guilty of a felony of the third degree. Psychiatric or psychological counseling are also mandatory for convicted offenders. The section also criminalizes animal abandonment and neglect as well as animal fighting. Statute
TX - Service animals - § 434.029. Service Dog Pilot Program for Certain Veterans V.T.C.A., Government Code § 434.029 TX GOVT § 434.029 The commission by rule shall establish a pilot program for veterans to assist in mitigating the symptoms of military service-related post-traumatic stress disorder, traumatic brain injury, or military sexual trauma through the provision of a service dog. Statute
Knowles Animal Hospital, Inc. v. Wills 360 So.2d 37 (Fla.App.,1978)

Dog owners brought negligence action against veterinarian and animal hospital after their dog suffered injuries while under the veterinarian's and the hospital's care. The Appeals Court held that the trial court did not err by allowing the jury to consider plaintiff-owners' mental pain and suffering, and that the jury could reasonably have viewed defendants' neglectful conduct resulting in the dog's injury to have amounted to great indifference to plaintiffs' property.

Case
Sierra Club v. U.S. Fish and Wildlife Service 930 F. Supp. 2d 198 (D.D.C. 2013) 2013 WL 1111285 (D.D.C.,2013)

Using the Administrative Procedures Act, the Sierra Club filed a suit against the United States Fish and Wildlife Service (USFWS) due to the USFWS's response to the Sierra Club's petition to revise critical habitat for the leatherback sea turtle; the Sierra Club also charged the USFWS with unlawfully delaying the designation of the Northeastern Ecological Corridor of Puerto Rico as critical habitat for the leatherback sea turtle. While both sides filed a motion for summary judgment, the District Court only granted the USFWS motion for summary judgment because the USFWS's 12–month determination was unreviewable under the Administrative Procedures Act.

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Friends of Animals v. Ashe 808 F.3d 900 (D.C. Cir. 2015) 2015 WL 9286948 (D.C. Cir. Dec. 22, 2015) Friends of Animals, a non-profit animal advocacy organization, filed suit against the U.S. Fish & Wildlife Service ("the Service") in 2013, after the Service issued no initial or final determinations for 39 species of sturgeon the organization petitioned as endangered or threatened. The Endangered Species Act (ESA) requires that the Service must make a determination within 90 days for an initial determination or 12 months for a final determination after a petition is received from an interested party. However, there is also a provision in the ESA that the plaintiff must give the Service 60-days notice before filing suit. The District Court held that Friends of Animals did not give the Service adequate notice before filing suit and dismissed the complaint. On appeal, this court agreed, finding that Friends of Animals "did not wait until after the issuance of the positive initial determinations to provide 60 days' notice of the allegedly overdue final determinations." In dicta, the Court noted that "[t]he Service's approach may not be the most efficient," but the deadlines are mandatory in the statutes. Thus, its suit to compel the final determination on the listings was barred and the judgment of the District Court was affirmed. Case
IN - Dog - Consolidated Dog Laws I.C. 15-17-6-1 - 14; 25-38.1-4-8 ; 15-20-2-1 - 7; 15-17-21-1; 6-9-39-1 - 9; 35-46-3-15; 15-20-3-1 - 4; 14-22-11-1; 14-8-2-89 IN ST 15-17-6-1 - 14; 25-38.1-4-8 ; 15-20-2-1 - 7; 6-9-39-1 - 9; 35-46-3-15; 15-20-3-1 - 4 ; 14-22-11-1; 14-8-2-89; 15-17-21-1 These Indiana statutes comprise the state's dog laws. Included are provisions on rabies, liability of owners for dog bites or damage to livestock, and taxation and registration laws, among others. Statute
CO - Dangerous Dog- Article 9. Offenses Against Public Peace, Order, and Decency. C. R. S. A. § 18-9-204.5; C. R. S. A. § 35-42-115 CO ST § 18-9-204.5; CO ST § 35-42-115 This Colorado statute defines a "dangerous dog" as one that has inflicted bodily or serious bodily injury upon or has caused the death of a person or domestic animal; or has demonstrated tendencies that would cause a reasonable person to believe that the dog may inflict injury upon or cause the death of any person or domestic animal; or has engaged in or been trained for animal fighting as described by statute. Owners found guilty under the provisions will be subject to misdemeanor penalties if their dogs cause bodily injury or felonies if their dogs cause the death of a person. Section 35-42-115 mandates that the bureau create a a statewide dangerous dog registry consisting of a database of information concerning microchip types and placement by veterinarians and licensed shelters in dangerous dogs. Statute
Derecho Animal Volume 5 Núm 2

Vol. 5 Núm. 2 (2014)

 

Tabla de contenidos

 

Editorial

 

Los cocodrilos también lloran

Teresa Giménez-Candela

 Policy
Initiative and Referendum Institute v. Herbert 549 U.S. 1245 (2007) 450 F.3d 1082 (S.Ct. 2007)

Motion of Western Wildlife Conservancy, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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