Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Humane Society of U.S. v. U.S. Postal Service | 609 F.Supp.2d 85 (D.D.C.,2009) | 2009 WL 1097413 (D.D.C.) |
The question in this case centers on whether a response from the United States Postal Service (USPS) to the Humane Society of the United States (HSUS) qualifies as a "final agency action" for purposes of judicial reviewability under the APA. At issue is the HSUS's petition to the USPS to declare a monthly periodical entitled The Feathered Warriror unmailable under the AWA. While the USPS has been broadly exempted from judicial review under the APA, there are exceptions, which include “proceedings concerning the mailability of matter." While the term "proceedings" is largely undefined in the Act, the Court held that it would not limit the term to the post hoc meaning ascribed by the USPS that limits it to only "formal" proceedings. Despite finding that the actions taken by the USPS were indeed judicially reviewable, the court remanded the matter because, after the Humane Society initiated this lawsuit, Congress amended § 2156 of the Animal Welfare Act again, further defining issue of nonmailable animal fighting material. |
Case | |
| Matter of Ware | --- P.3d ----, 2018 WL 3120370 (Wash. Ct. App. June 26, 2018) | No. 50285-2-II | After the Lewis County Prosecuting Attorney's Office's decided not to issue charges in an animal abuse case, two private citizens sought to independently initiate criminal charges. One person filed a petition for a citizen's complaint in district court and, after that was denied, another person filed a petition to summon a grand jury. On appeal, those appellants argue that the lower court erred in not granting their petitions. The animal cruelty claim stems from an incident in 2016, where a woman filed a report with police stating that a neighbor had killed her mother's cat by throwing a rock at the cat and stabbing it with a knife. Witnesses gave similar account of the abuse of the cat by the neighbor. The responding police officer then determined that there was probable cause to arrest the suspect for first degree animal cruelty. The officer found the cat's body and photographed the injuries, although the officer could not determine whether the cat had been stabbed. Subsequently, the prosecuting attorney's office declined to file charges because the actions related to the animal's death were unclear. Additionally, the cat's body was not collected at the scene to sustain a charge. | Case | |
| AK - Exotic Pets - 5 AAC 92.030. Possession of wolf and wild cat hybrids prohibited. | 5 AK ADC 92.030 | 5 AAC 92.030 | This Alaska regulation makes it unlawful to possess, sell, purchase, or transfer a wolf or wild cat hybrid without a permit. It is an affirmative defense to prosecution that the person possessed the animal as a pet before July 23, 2002 in the case of a wolf-dog hybrid and followed other listed actions. A wild cat hybrid is defined as the mating of a domestic cat with a wild cat or hybrid that is of four generations or less wild cat. It is an affirmative defense to illegal possession of a wild cat hybrid when the owner shows proof of the pedigree showing the previous four generations or the animal is at least four generations removed from a wild ancestor. | Administrative | |
| Empacadora De Carnes De Fresnillo v. Tim Curry |
Plaintiff seeks an injunction against state of Texas to stop the enforcement of a law prohibiting the slaughter of horses in Texas as the law is improper on a number of bases. |
Pleading | |||
| Anderson v Ah Kit | [2004] WASC 194 |
In proceedings for defamation, the plaintiff alleged that the defendant published information giving rise to the imputations that the plaintiff left animals to starve and that the Northern Territory government had to intervene to feed those animals. The defendant pleaded, inter alia, the defences of Polly Peck and fair comment. The Court ruled that the Polly Peck defense was sufficiently justified to survive the plaintiff's strike out application. It was held, however, that although animal welfare generally was a matter of public interest, the welfare of some animals held on private property was not, and could not be made by extensive media coverage, a matter of public interest. |
Case | ||
| England - Dogs - The Microchipping of Dogs (England) Regulations 2015 | 2015 No. 108 | Regulations making it compulsory for dog owners to ensure their dog is microchipped, and that their contact details are kept up to date on a database. | Statute | ||
| AZ - Phoenix - Chapter 8 - ANIMALS. | Chapter 8 |
The following comprises Phoenix, Arizona's animal-related ordinances. Topics include the keeping of reptiles or wild animals, vicious animal provisions, and sections addressing animal cruelty. An entire article (Article IV) deals with the confinement of animals in motor vehicles. |
Local Ordinance | ||
| Crisman v. Hallows | 999 P.2d 1249 (Utah App.,2000) | 393 Utah Adv. Rep. 9, 2000 UT App 104 (2000) |
Plaintiff dog owners appeal the trial court's entry of summary judgment in favor of defendant Ted Hallows. Hallows. a Division of Wildlife Resources employee, shot the dogs after they got loose from plaintiffs' backyard. While the factual accounts of the shooting differed, Hallows asserted that he shot the dogs within the scope of his employment and was therefore protected under the Governmental Immunity Act. On appeal, the court first found that plaintiffs may maintain an action against Hallows for conduct outside the scope of his employment and this claim was not barred by their admitted failure to comply with the Immunity Act's notice of claim and statute of limitations requirements. Further, as to plaintiffs' claims that Hallows was not acting within his scope of employment when the shooting occurred, there was sufficient evidence to raise a genuine issue of material fact. |
Case |