Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| KS - Pet Trusts - Chapter 58A. Kansas Uniform Trust Code. | K. S. A. 58a-408 | KS ST 58a-408 | This Kansas statute provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime (note that it does not state "domestic" or "pet" animal). The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. | Statute |
| NE - Predators - Article 5. Regulations and Prohibited Acts. (e) Damage by Wildlife | Neb. Rev. St. § 37-559 to 563 | NE ST § 37-559 to 563 | This statute provides that a farmer or rancher may kill a predator that threatens agricultural or livestock interests without first having obtained a permit. The provision does not allow a farmer or rancher to destroy those species protected under the federal Endangered Species Act, the Bald and Golden Eagle Protection Act, and other listed federal wildlife acts. | Statute |
| E. LEE COX AND BECKY COX, D/B/A PIXY PALS KENNEL, PETITIONERS v. UNITED STATES DEPARTMENT OF AGRICULTURE, RESPONDENT | 50 Agric. Dec. 14 (1991) | 1991 WL 294529 (U.S.D.A.) |
Lee and Becky Cox, owners of Pixy Pals Kennel, petitioned for review of a decision of the Department of Agriculture suspending their license for ninety days, imposing a $12,000 civil fine, and ordering the Coxes to cease and desist from specified violations of the Animal Welfare Act. The Coxes claim that (1) the suspension violated s 558(c) of the Administrative Procedure Act because there was insufficient evidence to support the Department's finding that their violations of the Animal Welfare Act were willful; (2) they were unconstitutionally penalized for exercising their first amendment rights; and (3) the sanctions imposed on them were excessive. In affirming the USDA decision, the Eighth Circuit held that the definition of "willfulness" was not called into question; rather the Department had presented substantial evidence to demonstrate willfulness. Further, since petitioners' first amendment claim concerned the Department's "motivations," the court held that proof of motivation is a question of fact rather than law, not subject to de novo review. The sanction imposed by the Department, although severe, was not excessive given the size of petitioners' business and the severity of the violations. |
Case |
| Defenders of Wildlife v. Dalton | 97 F. Supp. 2d 1197 (2000) |
Plaintiff sought a preliminary injunction to prevent defendant government official from lifting the embargo against tuna from Mexico's vessels in the Eastern Pacific Ocean. Plaintiffs alleged irreparable injury if three stocks of dolphins became extinct. The court found plaintiffs failed to produce evidence showing irreparable injury. |
Case | |
| CA - Reptiles & Amphibians - Division 5. Protected Reptiles and Amphibians | West's Ann. Cal. Fish & G. Code § 5000 - 5062 | CA FISH & G § 5000 - 5062 | These sections are the California statutes that specifically protect certain reptiles and amphibians. The sections enumerate the protected species and strictly prohibit taking and possession, with a narrow exception that may be granted by permit to an educational or scientific institution or a public zoological garden. | Statute |
| AU - Wildlife - Nature Conservation Act 2002 (TAS) | Nature Conservation Act 2002 No. 63 of 2002 31.12.2002 |
An Act to make provision with respect to the conservation and protection of the fauna, flora and geological diversity of the State, to provide for the declaration of national parks and other reserved land and for related purposes. |
Statute | |
| GA - Assistance Animal - Georgia's Assistance Animal/Guide Dog Laws | Ga. Code Ann., § 30-4-2 to 4; Ga. Code Ann., § 40-6-94; Ga. Code Ann., § 16-12-120; Ga. Code Ann., § 16-11-107.1 | GA ST § 30-4-2 to 4; GA ST § 40-6-94; GA ST § 16-12-120; GA ST § 16-11-107.1 | The following statutes comprise the state's relevant assistance animal and guide dog laws. | Statute |
| In re Endangered Species Act Section 4 Deadline Litigation-MDL No. 2165 | 704 F.3d 972 (D.C. Cir. Ct. App.,2013) | 2013 WL 45871 (D.C. Cir. Ct. App.,2013) |
After parties in a lawsuit over listing species as endangered or threatened agreed upon a settlement, the Safari Club motioned to intervene because the settlement might affect three species that the club's members hunt. The district court denied the motion to intervene as of right because the club lacked Article III standing and denied a permissive intervention because it would cause undue delay and prejudice to the parties; the court then approved the settlement and the club appealed. The appeals court affirmed the lower court's decision that the club lacked Article III standing for intervening as of right. The appeals court, however, in view of uncertainty whether Article III standing was required for permissive intervention, declined to exercise pendant appellate jurisdiction over the permissive intervention appeal. |
Case |
| Animal Lovers Volunteer Ass'n Inc., (A.L.V.A.) v. Weinberger | 765 F.2d 937 (C.A.9 (Cal.),1985) | 15 Envtl. L. Rep. 20,697 (C.A.9 (Cal.),1985) |
The Animal Lovers Volunteer Association (ALVA) brought this action to enjoin the Navy from shooting feral goats on San Clemente Island (a military enclave under the jurisdiction of the Navy). After the district court granted (Cite as: 765 F.2d 937, *938) summary judgment for the Navy, the ALVA appealed. This Court found that the ALVA failed to demonstrate standing, where it only asserted an organizational interest in the problem, rather than allegations of actual injury to members of the organization. The organization failed to demonstrate an interest that was distinct from an interest held by the public at large. Affirmed.
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Case |
| Maryland General Laws Supplement 1890-1898: Cruelty to Animals | 1890 Md. Laws 142,198,340 | The Maryland General Laws supplement covers the additions to the Cruelty of Animals statutes for Maryland from 1890-1898. The amendments cover court procedure to implementation of specific laws for certain animals. | Statute |