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Title Citation Alternate Citation Agency Citation Summary Type
IN - Spay, neuter - Chapter 4. Spay-Neuter Requirement for Animal Care Facilities IC 15-20-4-1 - 5 IN ST 15-20-4-1 - 5 This Indiana chapter added in 2016 concerns the spay-neuter requirements for animal care facilities. Beginning July 1, 2021, except as provided in this chapter, a companion animal shall be spayed or neutered before adoption from an animal care facility. Statute
WI - Fur - 100.35. Furs to be labeled W. S. A. 100.35 WI ST 100.35 This law represents Wisconsin's fur labeling law. The law states that no person shall sell or offer or display for sale any coat, jacket or other garment made wholly or partially of fur without a label that states in English the species of fur or pelt used. This section does not apply to such garments displayed, offered, or sold at a price of less than $50. Statute
PA - Cruelty - Chapter 37. Humane Society Police Officers. 22 Pa.C.S.A. § 3701 - 3718 PA ST 22 Pa.C.S.A. § 3701 - 3718 These statutes enable and regulate Pennsylvania's grant of police powers to humane society agents. Topics within these statutes include the appointment, termination, powers granted to, and training of humane society police officers. Statute
KY - Endangered - 301 KAR 3:061. Endangered species of fish and wildlife 301 Ky. Admin. Regs. 3:061 301 KAR 3:061 It is unlawful for any person to import, transport, possess, process, sell or offer for sale any endangered species of fish and wildlife, or parts thereof, except as provided in Sections 3 and 4 of this administrative regulation. Administrative
Rural Export & Trading (WA) Pty Ltd v Hahnheuser (2008) 249 ALR 445 (2008) 169 FCR 583; [2008] FCAFC 156

The trial judge held that the respondent's placing of a ham mixture in the feed of sheep prior to live export was covered by the defence of dominant purpose for environmental protection under the Trade Practices Act 1974 (Cth). On appeal, the court held that the respondent's actions were not an attempt at environmental protection but rather sought to prevent what he believed would be cruelty to those animals on board the ship during live export and upon arrival. The case was referred back to the Federal Court for assessment of damages.

Case
Parker v. Parker 195 P.3d 428 (Or.App.,2008) 223 Or.App. 137 (2008); 2008 WL 4570581

Plaintiff and his 12 year-old quarter horse were visiting defendant at defendant's property when defendant's dog rushed at the horse causing it to run into a steel fence. The horse suffered severe head trauma, which necessitated its later euthanization. Plaintiff filed suit for damages asserting liability under common law negligence and O.R.S. 609.140(1) - the statute that allows an owner to recover double damages where livestock is injured due to being injured, chased, or killed by another person's dog. The appellate court agreed with plaintiff that O.R.S. 609.140(1) creates an statutory cause of action independent from negligence. Further, the court found that plaintiff fell within the class of persons the statute aims to protect because the legislature did not intend to limit the statute's application to property owned by the livestock's owner.

Case
Peru - Wildlife - LEY 9147, 1949 LEY 9147, 1949 This law declares government protection over all the wild species of animals that are within the national territory. It also prohibits the hunting of vicuña, chinchilla and guanacu species. Statute
Hill v. Coggins 867 F.3d 499 (4th Cir. 2017), cert. denied, 138 S. Ct. 1003 (2018) 2017 WL 3471259 (4th Cir. Aug. 14, 2017) In 2013, Plaintiffs visited Defendants' zoo, the Cherokee Bear Zoo, in North Carolina where they observed four bears advertised as grizzly bears in what appeared to Plaintiffs as substandard conditions. As a result, Plaintiffs filed a citizen suit in federal district court alleging the Zoo's practice of keeping the bears was a taking of a threatened species under the federal Endangered Species Act (ESA). In essence, Plaintiffs contend the Zoo's conduct was a form of harassment under the ESA, and so they sought injunctive relief. After denying the Zoo's motions for summary judgment, the district court held a bench trial where the court ruled against Plaintiffs on the issue of the Zoo's liability under the ESA. The manner in which the bears were kept did not constitute a taking for purposes of the ESA. On appeal to the Fourth Circuit, this Court first found Plaintiffs established Article III standing for an aesthetic injury. Second, the Court agreed with the district court that evidence showed these bears were grizzly bears. While the Defendant-Zoo's veterinarian testified at trial that they are European brown bears, the collective evidence including expert testimony, veterinary records, USDA reports, and the Zoo's own advertising justified the lower court's conclusion that the bears are threatened grizzly bears. As to the unlawful taking under the ESA, the Fourth Circuit vacated the lower court's holding and remanded the case to district court. The legal analysis used by the court was incorrect because the court did not first determine whether the Zoo's practices were "generally accepted" before it applied the exclusion from the definition of harassment. The lower court based its conclusion on the fact that the Zoo met applicable minimum standards under the Animal Welfare Act (AWA) and did not explore whether these standards were "generally accepted." Affirmed in part, vacated and remanded. Case
Kanoa Inc., v. Clinton 1 F. Supp. 2d 1088 (1998)

Plaintiff cruise company filed a motion for a temporary restraining order and a preliminary injunction to halt scientific research of the defendant government, alleging standing under the National Environmental Policy Act ("NEPA"), the Marine Mammal Protection Act ("MMPA"), and the Endangered Species Act ("ESA").

Case
UT - Hunting - § 23-20-29. Interference with hunting prohibited--Action to recover damages--Exceptions U.C.A. 1953 § 23A-5-321 - 322 (formerly U.C.A. 1953 § 23-20-29, 23-20-29.5) UT ST § 23A-5-321 - 322 (formerly UT ST § 23-20-29, 23-20-29.5) This section reflects Utah's hunter harassment provisions. A person is guilty of a class B misdemeanor who intentionally interferes with the right of a person, licensed and legally hunting, to take wildlife by driving, harassing, or intentionally disturbing any species of wildlife for the purpose of disrupting a legal hunt, trapping, or predator control. A person adversely affected, or the state, may bring a civil action for damages resulting from the violation or a seek a restraining order. This section does not apply to incidental interference with a hunt caused by lawful activities including, but not limited to, ranching, mining, and recreation. Statute

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