Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| U.S. v. Gregory (Unpublished Opinion) | 933 F.2d 1016 (1991) |
Defendant challenged the search of his residence in a drug raid in which his dog was shot. The court held that the shooting of Gregory's dog was done excusably by an officer who reacted quickly in a potentially dangerous situation to a perceived attack by an animal reasonably believed to be an attack dog. The shooting of the dog did not render the search unreasonable. |
Case | |
| WA - Research - 19.86.145. Penalties--Animals used in biomedical research | West's RCWA 19.86.145 | WA ST 19.86.145 | This law provides that any violation of RCW 9.08.070 - 9.08.078 (relating to concealing or taking a pet animal with the intent to deprive or defraud the owner) or RCW 16.52.220 (relating to transfer of mammals other than rats or mice for use in research) constitutes an unfair or deceptive practice. Research institutions that violate this provision face only monetary penalties not to exceed $2,500. | Statute |
| Black Hawk County v. Jacobsen (Unpublished) | 2002 WL 1429365 (Iowa App. 2002) (Not Reported in N.W. 2d) |
In this case, Donna Jacobsen appealed a district court order finding she had neglected fifty-six dogs in the course of her operation of a federal and state licensed kennel in Jesup. On appeal, Jacobsen contended that the district court lacked subject matter jurisdiction because federal law (the Animal Welfare Act) preempts state regulations of federally licensed kennels. The court disagreed, finding the Act expressly contemplates state and local regulation of animals. Further, a plain reading of the Animal Welfare Act shows that Congress demonstrated no express or implied intent to preempt state or local government from regulating in this area. |
Case | |
| Alternatives Research & Development Foundation v. Glickman | 101 F.Supp.2d 7 (D.D.C.,2000) |
In this case, the plaintiffs, a non-profit organization, a private firm and an individual, alleged that the defendants, the USDA and APHIS violated the mandate of the Animal Welfare Act (AWA) by promulgating regulations that exclude birds, mice and rats from the definition of “animal” under the Act. Defendants moved to dismiss, arguing that all three plaintiffs lack standing to bring suit. Defendants also moved to dismiss on the grounds that the exclusion of the three species is within the agency's Congressionally delegated discretion, not subject to judicial review. The court denied defendant's motion, holding that based on Lujan , defendants challenge to standing failed. Further, the AWA does not grant the USDA "unreviewable discretion" to determine what animals are covered under the AWA. |
Case | |
| Mississippi Bluff Motel Inc. v. Rock Island County | 420 N.E.2d 748 (1981) |
The State of Illinois seeks to intervene as a protector of wildlife in a zoning action where the property at issue was adjacent to a bald eagle refuge. The court denied the state's request, finding that it did not have a stake in the litigation as it held no property interest nor was it representing a special class of people. Instead, the court found the state's interest speculative and the immediacy of harm was nonexistent, as it would create "bad law" to allow the State to intervene whenever there was a potential ecological or environmental consequence in a civil lawsuit. For further discussion on the federal Bald and Golden Eagle Protection Act, see Detailed Discussion of Eagle Act . |
Case | |
| LEY Nº 300, 2012 | 0300 | Ley 300 establishes the legal framework for the conservation of the environment, or ‘mother earth.' This law recognizes the rights of mother earth and the legal status that are subjects of rights. | Statute | |
| TX - Licenses - § 826.032. Registration; Criminal Penalty | V. T. C. A., Health & Safety Code § 826.032 | TX HEALTH & S § 826.032 | This Texas statute provides that a person commits an offense (Class C misdemeanor) if he or she fails to or refuses to register or present for registration a dog or cat owned by the person as required by state law or local ordinance. | Statute |
| In re New Jersey Pinelands Com'n Resolution | 812 A.2d 1113 (N.J.Super.A.D.,2003) | 356 N.J.Super. 363 |
This case concerns the approval of a settlement agreement for a residential development project that contained habitat critical to the survival of a local population of timber rattlesnakes, an endangered species in New Jersey. The court's review of the record found that there is no reason to interfere with the determination by the Commission, since there was ample evidence to support the Commission's decision to approve the settlement. The court also agreed with the lower court that the environmental organizations lacked standing to bring an endangered species counterclaim before the lower court. Specifically, the court found that the Department of Environmental Protection and the Commission did not fail to act in implementing the endangered species act; thus, no standing was conferred upon the groups. The court also noted that the DEP and the Commission acted in their requisite complementary roles in effecting the Act. |
Case |
| WI - Racing - Chapter 562. Regulation of Racing and on-Track Pari-Mutuel Wagering | W. S. A. 562.001 - 13 | WI ST 562.001 - 13 | Wisconsin's department of administration is responsible for issuing licenses for occupations of participants in horse racing and dog racing. In order to own and operate a racetrack where pari-mutuel wagering is conducted a license must be obtained. Before a license is obtained, a public hearing must be held and the city in which the racetrack is to operate must adopt the resolution. The Department is required to appoint an administrator that has experience in gaming management and knowledge of animal racing and pari-mutuel wagering. Greyhounds are required to be registered with the National Greyhound Association of Abilene, Kansas in order to enter into a race. This statute also prohibits the use of live lure or bait in the training of race dogs. A dog may not be entered into a race if it was trained with live bait. | Statute |
| U.S. v. Thomas | 887 F.2d 1341 (9th Cir. 1989) |
The issue in this case is whether Edward A. Thomas, a Montana hunting guide and outfitter, may be found guilty of conspiracy to violate the Lacey Act where the alleged object of the conspiracy was "to transport, receive and acquire elk in interstate commerce ... in violation of Montana state hunter's law." The Court held that while a prosecution under the Lacey Act may not be sustained for the substantive acts of selling guiding services and hunting permits, an action can be maintained for conspiracies to violate the Act through these types of acts. In this case, the underlying violations were acts of hunting with a transferred license or permit where the acts were allegedly committed by others. |
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