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Title Citation Alternate Citation Summary Type
Cascadia Wildlands v. Dep't of Fish and Wildlife 455 P.3d 950 (Or.App., 2019) 300 Or.App. 648 (Or.App., 2019) Oregon Fish and Wildlife Commission ("Respondent") removed the species Canis lupus (gray wolf) from the list of species protected under the Oregon Endangered Species Act (OESA). Cascadia Wildlands, Center for Biological Diversity, and Oregon Wild ("Petitioners") sought judicial review of the amendment to Oregon law. The Petitioners contended that the decision to delist exceeded the commission’s statutory authority and did not comply with applicable rulemaking procedures. After the Petitioners filed their petition, the Oregon legislature passed House Bill 4040 which ratified the administrative rule that the Respondent promulgated delisting the gray wolf. The Respondents argued that the passage of the bill made the Petitioners' petition for judicial review moot. The Petitioners argued that the Oregon law ratifying the administrative rule had no legal effect and was merely an expression of legislative agreement. The Court held that the legislature using the word “ratify” in the statute indicated that they intended to confirm that the Commission’s rule delisting the gray wolf was legally satisfied, therefore, rendering judicial review moot. The Petitioners also contended that the statute violated the separation of powers because the statute performed an entirely judicial function by neither appealing nor amending the statute. Petitioners asserted that evaluating whether a particular agency satisfied requirements of law is a fact-specific inquiry which is reserved for the court. The Court held that the statute did not violate the separation of powers. The Court ultimately held that the Petitioners' rule challenge was moot. The petition for judicial review was ultimately dismissed. Case
RI - Shark - § 20-1-29. Trade in shark fins Gen.Laws 1956, § 20-1-29 RI ST § 20-1-29 This Rhode Island law, effective in 2017, prohibits the possession, sale, offering for sale, trading, or distribution of shark fin. “Shark fin” means the raw, dried, or otherwise processed detached fin or the raw, dried, or otherwise processed detached tail of a shark. Even if a person holds a license to take sharks, he or she must immediately destroy any shark fin separated from the shark unless used by the person for the purposes of taxidermy and subsequent display. Violation incurs a fine or not less than $500 nor more than $1,000 imprisonment of up to 90 days, or both. Statute
IA - Assistance Animals - Assistance Animal/Guide Dog Laws I. C. A. § 216C.1 - 12; 216.8B, 216.8C; 321.333 IA ST § 216C.1 - 12; 216.8B; 216.8C; 321.333 The following statutes comprise the state's relevant service and assistance animal laws. Statute
NY - Ecoterrorism - § 378. Unlawful tampering with animal research McKinney's Agriculture and Markets Law § 378 NY AGRI & MKTS § 378 This New York law comprises the state's ecoterrorism provision. A person who has been given "notice," as defined by the law, is guilty of the crime of "unlawful tampering with animal research" if he or she: (1) knowingly or intentionally releases an animal from a facility or causes the abandonment of an animal knowing that such animal was exposed to infectious agents prior to such release or abandonment and was capable of transmitting such infectious agents to humans; or (2) with intent to do so, causes loss or damage to secret scientific material, and having no right to do so nor any reasonable ground to believe that he has such right, causes loss of or damage to any secret scientific material in an amount in excess of two hundred fifty dollars at a facility. Statute
IN RE: PET PARADISE, INC. 51 Agric. Dec. 1047 (1992) 1992 WL 240852 (U.S.D.A.) Where complaint advised respondent of exact matters at issue, there is no basis for dismissing any allegations of complaint merely because they failed to specify subsections of regulations or standards involved in some of alleged violations. Formalities of court pleading are not applicable in administrative proceedings. Findings of fact need only be supported by a preponderance of the evidence. A violation is willful if the person intentionally does an act which is prohibited or acts with careless disregard of statutory requirements. Case
Bolivia - Cruelty - Ley 700, 2015 Ley 700, 2015 Ley 700, is the animal cruelty statute of Bolivia. This law lays out the rules for the defense of animals against cruelty committed by humans. Animals are considered part of mother earth, and therefore, their life has to be defended and respected. This law punishes physical, psychological, emotional and sexual mistreatment, and prohibits the breeding of domestic animals for commercial purposes. It also prohibits sport hunting and overworking animals, especially those of an older age. Statute
US - Exotic Birds - Wild Exotic Bird Conservation Act 16 USC 4901 - 4916 The Wild Exotic Bird Conservation Act addresses the population threat to non-indigenous wild birds due to the demand the from U.S. as the number one importer of exotic birds (e.g., the "pet" bird trade). Exceptions under the statute include qualified breeding facilities, scientific or zoological study, and people returning the U.S. who have been out of the country for more than a year (limited to two birds). Statute
US - AWA - 1990 Public Law 101-624 1990 PL 101-624 104 Stat 3359 Enacted November 28, 1990, this public law amends the Animal Welfare Act by establishing holding period for dogs and cats at shelters and other holding facilities before sale to dealers. It requires dealers to provide written certification regarding each animal's background to the recipient. Specific items included on the certificate are mechanisms of enforcement, injunctions, and penalties for violation. Statute
DICKERSON v. BRITTINGHAM. 86 A. 106 (Del.Super. 1913) 4 Boyce 93, 27 Del. 93 (1913)

In this Delaware case, the plaintiff brought an action against the defendant to recover damages for the death of plaintiff's horse, alleged to have been caused by the negligent driving by the defendant of his team. This resulted in a head-on collision, which caused the death of the horse days after. The jury found in favor of the plaintiff. On appeal, the court held that if the jury believed from the evidence presented that the defendant was driving without ordinary care, the verdict should stand for the plaintiff.

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U.S. v. One Afghan Urial Ovis Orientalis 964 F.2d 474 (5th Cir. 1992)

Claimant appeals the order granting summary judgment to the government in a order of forfeiture under the Lacey Act for the hide and parts of a sheep killed in Pakistan and exported to the U.S.  Claimant argues that because there is no national Pakistani law enacted for the protection of wildlife, no Pakistani law interferes with his right to remove the respondent sheep from Pakistan based upon the provincial permit.  The court disagreed, noting the Pakistan Constitution honors provincial law to the extent that it does not conflict with national law and Pakistani law prohibits the export of "wild animal skins and garments made from such skins, products or derivatives of such skins."  The Court held that the Government established probable cause for the forfeiture, and Claimant did not demonstrate that any genuine issue of material fact exists which would preclude the award of summary judgment. 

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