Results
| Title | Citation | Alternate Citation | Agency 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 | |
| WA - Ordinances - 35.27.370. Specific powers enumerated | West's RCWA 35.27.370 | WA ST 35.27.370 | This Washington statute provides that the council of said town shall have power to pass ordinances not in conflict with the Constitution and laws of this state, or of the United States. Specifically, the council may regulate, restrain, or prohibit the running at large of any and all domestic animals within the city limits, or any part or parts thereof, and to regulate the keeping of such animals within any part of the city; to establish, maintain and regulate a common pound for estrays, and to appoint a poundkeeper, who shall be paid out of the fines and fees imposed on, and collected from, the owners of any impounded stock. | Statute | |
| OR - Pet Dealers - 609.520. Inspection of records; procedure for obtaining animal held by dealer; | O. R. S. § 609.520 | OR ST § 609.520 | This Oregon statute sets out the right of a person to inspect a pet dealer's business for the purpose of finding a lost companion animal. The statute also outlines acceptable methods to prove ownership and the procedure for resolving a dispute of ownership. | Statute | |
| WV - Charleston - Chapter 10: Animals (Article IV. Urban Deer Management) | Code of the City of Charleston, West Virginia § 10-171 |
This Charleston, West Virginia ordinance allows a person to hunt deer within city limits, but only upon certain conditions. For instance, a person must obtain a permit from the city, must hunt only with a bow and arrow, and must hunt only on certain tracts of land—amongst other things—in order to be compliant with these provisions. A violation of this ordinance is a misdemeanor and may result in fines ranging from $10 to $500, imprisonment for up to 30 days, or both. Additionally, a violation may suspend or revoke a person's hunting permit. |
Local Ordinance | ||
| Re Wildlife Protection Association of Australia Inc. and Minister for the Environment, Heritage and the Arts | [2004] AATA 1383 |
The Minister for the Environment approved plans for the 'harvesting' of Kangaroos in South Australia, Western Australia and Queensland. The Tribunal found that the killing of joeys, where the mother was also killed, was sanctioned by the Model Code relating to kangaroos and that any licences issued under the plans authorised those killings. The Tribunal found that the likelihood of compliance with the code, which stipulated the manner of killing of kangaroos, would be in the range of 95-99%. The Tribunal approved each of the plans but made a recommendation that future plans should involve a greater element of public consultation. |
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 | ||
| TX- Dangerous Animals - G. Caging Requirements and Standards for Dangerous Wild Animals. | 25 TX ADC § 169.131, 132 | 25 TAC § 169.131, 132 | This regulation establishes caging requirements and minimum standards of care for "dangerous wild animals," including: gorillas, chimpanzees, orangutans, baboons, lions, tigers, cheetahs, ocelots, cougars, leopards, jaguars, bobcats, lynxes, servals, caracals, hyenas, bears, coyotes, jackals, and all hybrids thereof. | Administrative | |
| Walker-Serrano ex rel. Walker v. Leonard | 325 F.3d 412 (C.A.3 (Pa.),2003) | 175 Ed. Law Rep. 93 |
Public school student circulated a petition during class and recess that opposed a school field trip to the circus. School officials prevented her from circulating the petition, and she complained of a violation of her First Amendment right to free speech. The Court of Appeals affirmed summary judgment for the school, holding that the student's rights had not been violated because a school may regulate the times and circumstances a petition may be circulated when it interferes with educational goals or the rights of other students. |
Case | |
| TX - Dangerous - § 822.0422. Reporting of Incident in Certain Counties and Municipalities | V. T. C. A., Health & Safety Code § 822.0422 | TX HEALTH & S § 822.0422 | This Texas statute outlines the procedures for reporting a dangerous dog incident in counties with a population of at least 2,800,000 in which an ordinance has been adopted pursuant to this section. It describes the reporting and seizure requirements should an owner fail to turn over an implicated dog. | Statute |