Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| MT - Great Falls - Title 6: Animals (Chapter 8: Animals) | Great Falls, Montana Code of Ordinances, Chapter 8: Animals, §§ 6.8.070 - 6.8.080, 6.8.310 |
In Great Falls, Montana, it is unlawful for any person, persons, or family to keep, harbor or maintain in or on the same premises a total of more than 2 dogs over 6 months of age or 2 cats over 6 months of age without first obtaining a multiple animal permit. A person found violating this section is guilty of a misdemeanor, which is punishable by a maximum fine of $500.00. Other penalties may also apply. |
Local Ordinance | ||
| Hastings v. Sauve | 94 A.D.3d 1171 (N.Y.A.D. 3 Dept., 2012) | 2012 WL 1129275 (N.Y.A.D. 3 Dept., 2012); 941 N.Y.S.2d 774 (2012) | Plaintiff motorist was injured after hitting a cow that had wandered onto the highway, and sued owner for negligently failing to confine cow. The Supreme Court held that injury claims could only proceed under strict liability theory based on owner's knowledge of animal's vicious propensities. There was no evidence that cow had a vicious propensity, or that owner knew of propensity, thus, owner was not liable. This order was Reversed by Hastings v. Sauve , 2013 WL 1829834 (N.Y., 2013). | Case | |
| Farm Sanctuary v. United States Department of Agriculture | 545 F. Supp. 3d 50 (W.D.N.Y. 2021) | Plaintiffs (nonprofit organizations working to protect animals, people, and environments from industrial animal agriculture) filed suit against the USDA and FSIS challenging the implementation of the Modernization of Swine Slaughter Inspection rule, 84 Fed. Reg. 52,300 (Oct. 11, 2019) ("Slaughter Rule”). Plaintiffs contend that the rule allows nearly all pigs in the U.S. to be slaughtered as "unlimited speeds," thereby posing risks to animal welfare and consumer safety. Plaintiffs' lawsuit was later amended to add a claim that challenges Defendants' failure to ban the slaughter of non-ambulatory or "downed" pigs in the rule. Defendants filed motions to dismiss on the grounds that Plaintiffs have no standing to sue. Plaintiffs contend that they have been injured by Defendants' implementation of the Slaughter Rule. Specifically, Plaintiffs argue that the authorization of the high-speed slaughter rule directly conflicts with their organizational missions and redirects resources to counteracting the Slaughter Rule instead of other activities like rescue of animals and advocacy. Some of the plaintiff organizations further allege that their members include consumers who eat pork products and are concerned about the increased health risks they face from consuming products from pigs who have not been adequately inspected as well as impacts to the environment from increased slaughter. In addition, Plaintiffs allege that the FSIS is not consistent in its treatment of downed pigs versus downed cattle, and that downed pigs are inhumanely forced to rise/stand for slaughter resulting in potential exposure to the public of disease and other public health risks. The court first took up Defendants argument that Plaintiffs lack both organizational and associational standing. The Court has reviewed the amended complaint in light of this Second Circuit precedent and finds that Plaintiffs have plausibly alleged that they have been forced to divert resources from mission-critical activities to oppose the Slaughter Rule. In other words, Plaintiffs have plausibly alleged that Defendants’ unlawful practices have impaired and frustrated their ability to engage in mission-related activities and caused a consequent drain on their limited resources, which “constitutes far more than simply a setback to the organization's abstract social interests" sufficient to survive a motion to dismiss. Taking Plaintiffs allegations in their pleadings as true, the Court finds that the amended complaint contains allegations sufficient to support organizational standing. Having found that Plaintiffs have organization standing, the Court need not reach the issue of associational standing. Accordingly, Defendants’ motion to dismiss is denied. Finally, as to the 2020 Action concerning the downed pigs, the Court found that The Court reaches the same conclusion it did in the 2019 Action: that at this stage of the case, Plaintiffs have alleged organizational standing. The Court notes that several other Plaintiffs have submitted declarations from their members, which further explain how those organizations have sustained an injury-in-fact. Plaintiffs have plausibly alleged that they provide additional services beyond mere issue advocacy, that these services have been impaired by Defendants’ actions, and that they have been forced to shift their resources away from those services to oppose the slaughter of downed pigs. Defendants' motions to dismiss were denied. | Case | ||
| US - AWA - House Debate 1966 AWA | House Resolution 821 |
This the debate in the House of Representatives for the initial adoption of the Animal Welfare Act in 1966. For discussion of Act see, Overview |
Administrative | ||
| Agreement APHIS v. FEI | This agreement was entered into by APHIS and Feld Entertainment, Inc. (FEI). FEI is an exhibitor under the Animal Welfare Act and was issued non-compliance reports after numerous inspections. In this agreement, FEI paid $270,000 to the US Treasurer and had to develop and implement annual training to all of its personnel who worked with animals. The agreement also contains provisions that APHIS would not take action against FEI if FEI followed the agreement. | Pleading | |||
| Amburgey v. Sauder | 605 N.W.2d 84 (Mich. 1999) |
Plaintiff was bitten by a horse as she walked through a stable. The court determined that Plaintiff was a “participant” for the purposes of the Equine Activity Liability Act (EALA), and thus the Defendant stables owner was insulated from liability arising out of the unanticipated, abnormal behavior of the horse. |
Case | ||
| State ex rel. Humane Society of Missouri v. Beetem | 317 S.W.3d 669 (Mo.App. W.D.,2010) | 2010 WL 3167457 (Mo.App. W.D.) |
The "Missourians for Protection of Dogs" ("MPD") advocated a statewide ballot measure to enact a new statutory provision to be known as the "Puppy Mill Cruelty Prevention Act." The certified ballot title included a summary statement reading: "Shall Missouri law be amended to: . . . create a misdemeanor crime of ‘puppy mill cruelty’ for any violations?" One taxpaying Missouri citizen, Karen Strange, subsequently filed a Petition for Declaratory Judgment and Injunctive Relief against the Secretary of State, challenging the summary statement as being "insufficient and unfair." In this action, the Humane Society of Missouri sought protection from an order of the circuit court requiring it to disclose and turn over Document 10 - a series of focus group findings and related documentation developed by the Humane Society of Missouri and its partners to formulate political strategy. Writing on behalf of the Missouri Court of Appeals, Western District, Judge Victor C. Howard, with all concurring, granted the HSMO’s writ of prohibition. HSMO’s preliminary writ of prohibition was made absolute, rendering Document 10 non-discoverable. |
Case | |
| The International Fund for Animal Welfare (Australia) Pty Ltd and Minister for Environment and Heritage | (2005) 93 ALD 594 | (2005) 41 AAR 508; [2005] AATA 1210 |
Zoos in New South Wales and Victoria sought to import asian elephants for conservation and exhibition. The Tribunal considered whether the elephants were being imported "for the purposes of conservation breeding or propagation", the zoos were "suitably equipped to manage, confine and care for the animals, including meeting the behavioural and biological needs of the animals", the importation of the elephants would "be detrimental to, or contribute to trade which is detrimental to ... the survival .... or ... recovery in nature of" Asian elephants and whether the elephants were "obtained in contravention of, [or] their importation would ... involve the contravention of, any law". The importation was allowed. |
Case | |
| CA - Initiatives - Proposition 2 (farm cruelty) | 2008 Proposition 2 | This 2008 California initiative measure would add to the Health & Safety Code with a law entitled, "The Prevention of Farm Animal Cruelty Act." Specifically, the proposed law requires that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely. Exceptions are made for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes. The law provides misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days and would go into effect on January 1, 2015. It was approved in November 2008 by a margin of 63% to 37%. | Statute | ||
| WI - Rabies - 95.21. Rabies control program | W. S. A. 95.21 | WI ST 95.21 | Except as provided in s. 174.054 or sub. (9)(d), the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, at no later than 5 months of age and revaccinated within one year after the initial vaccination. The owner of a dog shall have the dog revaccinated against rabies before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times. | Statute |