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Title Citation Alternate Citation Agency Citation Summary Type
OR - Lien, care - 87.159. Lien for care of animals O.R.S. § 87.159 OR ST § 87.159 This law relates to liens for animals impounded under the animal cruelty laws (specifically ORS 167.345). A person who, or governmental agency that, transports, pastures, feeds, cares for or provides treatment to an animal that has been impounded under ORS 167.345 has a lien on the animal in the possession of the person or governmental agency for the reasonable charges for transportation, pasturage, feed, care or treatment provided by the person or governmental agency, and the person or governmental agency may retain possession of the animal until those charges are paid. Statute
Dunham v. Kootenai County 690 F.Supp.2d 1162 (D.Idaho, 2010) 2010 WL 556803 (D.Idaho)

This matter involves the Defendant Kootenai County's motion for summary judgment this federal civil rights case filed by Dunham. The facts underlying the case stem from 2008, when county animal control officers went to Dunham's residence to investigate complaints of possible animal cruelty. During their investigation, Defendants entered Dunham's property to ascertain the condition of the horses residing there in a round-pen. Despite the conditions of the horses which necessitated their removal and relocation to an equine rescue facility, Dunham was ultimately charged and found not guilty of charges of animal cruelty. Dunham claims that Defendants violated her Fourth Amendment rights when they searched her property and seized her horses without a warrant. Defendants counter that the search was constitutional based on the open fields doctrine, and that the seizure was constitutional based on the plain view doctrine. Based on the open fields doctrine, the Court concluded that Dunham did not have an expectation of privacy in the searched area.

Case
US - Conservation - Fish & Wildlife Improvement Act of 1978 16 U.S.C. 742l The Fish and Wildlife Improvement Act of 1978 authorizes the Secretaries of the Interior and Commerce to establish, conduct, and assist with national training programs for State fish and wildlife law enforcement personnel. It also authorized funding for research and development of new or improved methods to support fish and wildlife law enforcement. The law provides authority to the Secretaries to enter into law enforcement cooperative agreements with State or other Federal agencies, and authorizes the disposal of abandoned or forfeited items under the fish, wildlife, and plant jurisdictions of these Secretaries. Statute
MD - Housing - Subtitle 8. Pet Protections MD Code, Real Property, § 14-801 - 806 MD REAL PROP § 14-801 - 806 This subtitle applies to an action for possession of real property filed on or after November 1, 2023. In addition, by October 1, 2023, the Department of Agriculture shall develop and publish on its website a fact sheet that provides information about how a person may care for and protect any pets in the event the person is evicted or loses possession of the person's property. When possession of real property is delivered to a landlord following an eviction or other described action, law enforcement or other official must immediately inspect the premises for any pet and provide that pet to the tenant. If the tenant is not present, that official must contact an animal shelter or animal rescue to take possession of the pet along with contact information of the former tenant. Statute
Juelfs v. Gough 41 P.3d 593 (Alaska 2002) In this case, the husband and wife had agreed to shared ownership of their dog, which the lower court incorporated into its order.Based on danger the dog faced by other dogs in the wife’s home and increased contention between the parties, the lower court next gave the husband custody with an order for the wife’s visitation, and finally awarded sole custody to the husband. The state’s Supreme Court affirmed the modified order. Case
AL - Equine - Immunity of those involved in equine activities. Ala. Code 1975 § 6-5-337 AL ST § 6-5-337 This Alabama statute embodies the legislature's recognition that persons who participate in equine activities may incur injuries as a result of the risks involved in those activities. This statute provides that for the immediate preservation of the public peace, health, and safety, and to encourage equine activities, civil liability of those involved in equine activities is limited by law. Liability is not limited when the equine sponsor intentionally injures a participant or engages in willful or wanton behavior that causes injury or death. Statute
Japan, Convention Between the Government of the United States of America and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction, and Their Environment TIAS 7990 Per Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service: This 1972 Convention is designed to provide for the protection of species of birds which are common to both countries, or which migrate between them by (1) enhancement of habitat, (2) exchange of research data, and (3) regulation of hunting. It was signed in Tokyo on March 4, 1974, with ratification advised by the Senate of March 27, 1973, and documents of ratification exchanged September 19, 1972. The Convention entered into force September 19, 1974. An agreement amending the annex to the Convention by adding the Maloy Bittern was effected by exchange of notes September 19, 1974, entering into force December 19, 1974 (25 UST 3373; TIAS 7990). This exchange also included a list of endangered birds as provided for in Article IV of the Convention. Implementing legislation for the United States was achieved by enactment of P.L. 93-300, June 1, 1975 (88 Stat. 190), amending the Migratory Bird Treaty Act of 1918 (16 USC 703-711; 40 Stat. 755), as amended. By a 1988 exchange of diplomatic notes, Convention appendices were updated to correct common names of species, scientific names, and to both add and delete species on the list based upon the latest scientific knowledge. Treaty
US - Marine Mammals - Taking of Marine Mammals Incidental to Commercial Fishing Operations FR Doc. 04-24008 (2004)

NMFS proposes regulations to implement resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) and by the Parties to the Agreement on the International Dolphin Conservation Program (IDCP). These regulations would prohibit activities that undermine the effective implementation and enforcement of the Marine Mammal Protection Act (MMPA), Dolphin Protection Consumer Information Act (DPCIA), and International Dolphin Conservation Program Act (IDCPA). This proposed rule would enlarge the class of vessels required to pay observer fees. The procedure to categorize tuna purse seine vessels as ``active'' in the Eastern Tropical Pacific Ocean (ETP) and the deadline for submitting vessel permit applications would change. Procedures are proposed for managing the capacity of the U.S. tuna purse seine fleet operating in the ETP through maintenance of a Vessel Register, the definitive list of vessels authorized to purse seine for tuna in the ETP. This proposed rule is intended to contribute to the long-term conservation of dolphin and tuna stocks and to ensure that the domestic tuna tracking and verification program remains consistent with international standards.

Administrative
Defenders of Wildlife v. U.S. Environmental Protection Agency 420 F.3d 946 (9th Cir. 2005) 2005 WL 2001100 (9th Cir.), 60 ERC 2025, 35 Envtl. L. Rep. 20,172, 05 Cal. Daily Op. Serv. 7480, 2005 Daily Journal D.A.R. 10,216

 

Several public interest groups brought actions challenging Environmental Protection Agency's (EPA) decision to transfer Clean Water Act (CWA) pollution permitting program for Arizona to that State.  Under federal law, a state may take over the Clean Water Act pollution permitting program in its state from the federal Environmental Protection Agency (EPA) if it applies to do so and meets the applicable standards.  When deciding whether to transfer permitting authority, the Fish and Wildlife Service issued, and the EPA relied on, a Biological Opinion premised on the proposition that the EPA lacked the authority to take into account the impact of that decision on endangered species and their habitat.  The plaintiffs in this case challenge the EPA's transfer decision, particularly its reliance on the Biological Opinion's proposition regarding the EPA's limited authority.  The court held that the EPA did have the authority to consider jeopardy to listed species in making the transfer decision, and erred in determining otherwise. For that reason among others, the EPA's decision was arbitrary and capricious. Accordingly, the court granted the petition and remanded to the EPA.

Case
CA - Service Animal - § 600.5. Intentional injury to, or death of, guide, signal or service dog; penalty; restitution West's Ann. Cal. Penal Code § 600.5 CA PENAL § 600.5 Any person who intentionally causes injury to or the death of any service dog, while the dog is in discharge of its duties, is guilty of a misdemeanor. punishable by a fine and/or imprisonment. Upon conviction, a defendant must make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed. Statute

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