Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type | |
|---|---|---|---|---|---|---|
| McElroy v. Carter | Not Reported in S.W.3d, 2006 WL 2805141 (Tenn.Ct.App.) |
In this Tennessee case, a man shot and wounded a cat owned by his neighbor as the animal exited from the bed of the man's prized pickup truck. The cat died from its wounds shortly thereafter. The neighbor sued for the veterinary bills she incurred for treatment of the cat's injuries. The truck owner counter-sued for the damage the cat allegedly caused to his truck by scratching the paint. After a bench trial, the court awarded the truck's owner $6,500 in damages, which it offset by a $372 award to the neighbor for her veterinary bills. The Court of Appeals reversed that decision finding that as a matter of law the cat's owner cannot be held liable for not keeping her cat confined when the damage the cat allegedly caused was not foreseeable. |
Case | |||
| US - Wolf - Final Rule To Identify the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment and To R | FWSR6ES20080008; 922201113 0000; ABC Code: C6 |
The FWS identifies the gray wolf in the Northern Rocky Mountains as a Distinct Population Segment (DPS) and removes this DPS from the List of Endangered and Threatened Wildlife, except in Wyoming. The wolf population in this area is about 5 times higher than the minimum population recovery goal and 3 times higher than the minimum breeding pair recovery goal. The gray wolf is not removed from the list in Wyoming because of inadequate regulatory mechanisms |
Administrative | |||
| Gordon v. Norton | 322 F.3d 1213 (10th Cir. 2003) | 322 F.3d 1213, 55 ERC 2135 |
Appellants Stephen Gordon and the Diamond G Ranch, Inc. challenged the Fish and Wildlife Service's control of gray wolves introduced under the Northern Rocky Mountain Wolf Recovery Plan near the Diamond G in the Dunoir Valley of northwestern Wyoming. Seeking declaratory and injunctive relief, they filed this action in federal district court alleging violations of the Fifth Amendment Takings Clause and the regulations promulgated under the Endangered Species Act. The district court dismissed the takings claims for lack of subject matter jurisdiction and the ESA claims as not yet ripe for review. This court affirmed the lower court. |
Case | ||
| Derecho Animal Volume 4 Núm 4 |
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Policy | ||||
| Cabinet Resource Group v. U.S. Fish and Wildlife Service | 465 F.Supp.2d 1067 (D. Mont. 2006) | 2006 WL 3615512 (D. Mont.) |
The Forest Service builds roads in National Forests, and has to determine what density of road coverage is safe for grizzly bear survival in making its Land Use Plan. Here, the Land Use Plan did not violate the Endangered Species Act, because an agency action is not required to help the survival of an endangered species, it simply may not reduce the likelihood of survival and recovery of the endangered species, grizzly bears. However, because the Forest Service relied upon a scientific study with acknowledged weaknesses to make its road standards, but failed to adequately address those weaknesses in its Final Environmental Impact Statement, the Forest Service violated NEPA (National Environmental Policy Act). |
Case | ||
| MA - Initiatives - Question 3, Minimum Size Requirements for Farm Animal Containment (2016) | Question 3 | Massachusetts Question 3 is a law proposed by initiative petition and appears on the 2016 ballot. This proposed law would prohibit any farm owner or operator from knowingly confining any breeding pig, calf raised for veal, or egg-laying hen in a way that prevents the animal from lying down, standing up, fully extending its limbs, or turning around freely. The Secretary of the Commonwealth's official summary states: "This proposed law would prohibit any farm owner or operator from knowingly confining any breeding pig, calf raised for veal, or egg-laying hen in a way that prevents the animal from lying down, standing up, fully extending its limbs, or turning around freely. The proposed law would also prohibit any business owner or operator in Massachusetts from selling whole eggs intended for human consumption or any uncooked cut of veal or pork if the business owner or operator knows or should know that the hen, breeding pig, or veal calf that produced these products was confined in a manner prohibited by the proposed law. The proposed law would exempt sales of food products that combine veal or pork with other products, including soups, sandwiches, pizzas, hotdogs, or similar processed or prepared food items." A "yes" vote would prohibit any confinement of pigs, calves, and hens that prevents them from lying down, standing up, fully extending their limbs, or turning around freely. A "no" vote would make no change in current laws relative to the keeping of farm animals. | Statute | |||
| Freel v. Downs | Freel v. Downs, 136 N.Y.S. 440 (1911) |
Cleveland H. Downs and Walter Smith were informed against for cruelty to animals, and they move to quash complaints. Complaint quashed against defendant Smith, and defendant Downs held to answer.
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Case | |||
| GA - Deer Hunting - § 27-5-12. Unlawful to kill or wound farmed deer or wild animal held | Ga. Code Ann., § 27-5-12 | GA ST 27-5-12 | Under this Georgia statute, it is unlawful to shoot, kill, or wound any wild animal held under a wild animal license or permit or any farmed deer for enjoyment, gain, amusement, or sport. | Statute | ||
| In the Matter of: Richard O'Barry | 1999 NOAA LEXIS 1 | 1999 NOAA LEXIS 1 |
In 1999, civil penalties in the amount of $59,500 were assessed for the release of two dolphins from captivity. The dolphins were not prepared to survive in the wild and sustained life-threatening injuries as a result of their release. An administrative law judge found that the release of two dolphins without providing them with the necessary skills for survival resulted in harassment and injury to them, and therefore, constituted a violation of the MMPA. |
Case | ||
| Decision Shrimp Farm in Cayapas Natural Reserve - Ecuador - Do not publish yet | CAUSA No. 0507-12-EP | Case |