Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Tulloch v. Melnychuk | 1998 CarswellAlta 573 |
In this case, the Plaintiff seeks damages from the Defendants for trespass to chattels. She alleged that the Defendants shot her valuable dog. The Defendants countered that they were justified in shooting the dog since it was on their land chasing and worrying their cattle contrary to the Stray Animals Act, R.S.A. 1980, c. S-23, Part 3. Here, the court found credible the testimony from the defendant cow-operator that the dog was chasing a lame cow to the point where the cow was exhausted. The action by plaintiff was dismissed. |
Case | ||
| Newport v. Moran | 721 P.2d 465 (Or.App.,1986) | 80 Or.App. 71 (Or.App.,1986) |
In this Oregon case, an action was brought to recover damages for injuries after defendant's dog ran into plaintiff and knocked her down. The lower court entered a verdict against the defendant and she appealed. The Court of Appeals held that, after reviewing the evidence in the light most favorable to plaintiff, there was find no evidence that would put defendant on notice that the dog had a potentially dangerous propensity to run into people. Further, without some reason to foresee that the dog was likely to run into people, there was no common-law duty to confine the dog. The evidence also did not warrant submission of the case to the jury on the theory of negligence per se for violation of the dog control ordinance because this risk was not one anticipated by the ordinance. Reversed. |
Case | |
| VA - Horse Transport - Chapter 160. Rules and Regulations Governing the Transportation of Horses (repealed 2016) | 2 VA ADC 5-160-10 to 90 | 2 VAC 5-160-10 to 90 | [Note: these regulations were repealed in 2016 and are provided for historical context only.] These previous Virginia regulations address the transportation of loads of more than six horses being transported to a commercial slaughter facility in a vehicle. Vehicles that have more than one tier holding horses are allowed only if the tier is designed, constructed, and maintained to withstand the weight of the horses held by it. | Administrative | |
| Western Watersheds Project v. USDA APHIS Wildlife Services | 320 F.Supp.3d 1137 (D. Idaho June 22, 2018) | 2018 WL 3097016 (D. Idaho June 22, 2018) | This action considers motions for summary judgment by both parties. At issue here is a plan by a branch of the USDA called Wildlife Services (WS), which is responsible for killing or removing predators and other animals that prey on wild game animals, threaten agricultural interests, or pose a danger to humans. The decision to kill the animals comes from requests from individuals or other state and federal agencies rather than a decision by WS. For this case, the facts center on an expanded operation to kill game animals and protected species in Idaho (mainly coyotes and ravens) known as PDM. As part of this process, WS prepared and circulated a draft Environmental Assessment (EA) to other federal agencies, stakeholders, and the public seeking comment to the expanded plan. However, instead of taking the criticisms and suggestions from the EA and then undertaking a more comprehensive Environmental Impact Statement (EIS), WS instead rejected most responses and labeled them as unconvincing or invalid. This led plaintiff to file suit against WS, arguing that the agency acted in an arbitrary and capricious manner by not preparing the EIS after comments to the EA. For example, the BLM, the Forest Service, and the Idaho Department of Fish and Game (IDFG), found that the EA was not an "objective analysis" and instead sounded "like a pre-decisional defense of lethal methods." These agencies warned WS that the predator control methods were "likely to be futile over the long-term" and did not consider cascading effects on both cyclic and non-cyclic prey populations. In analyzing the factors, this court found that WS failed to consider "several federal agencies with long experience and expertise in managing game animals and protected species" when proposing to expand the expanded PDM program. There was a lack of crucial data to support WS' assumptions in its modeling that was exacerbated by use of unreliable data, according to the court. In addition, the court found that WS failed to "explain away scientific challenges to the effectiveness of predator removal." Not only was the court troubled by the lack of reliable data used by WS, but the WS’ “unconvincing responses” to agencies that had substantial experience managing wildlife and land-use concerns demonstrated to the court that the PDM is controversial and the environmental impacts were uncertain. This in and of itself necessitated an EIS under NEPA. The court held that the lack of reliable data, the unconvincing responses from WS, combine to trigger three intensity factors that combine to require WS to prepare an EIS. The plaintiffs' motion for summary judgment was granted and the defendant's motion for summary judgment was denied (the motion by plaintiff to supplement the administrative record was deemed moot). | Case | |
| Animal Legal Defense Fund, Inc. v. Perdue | --- F.3d ----, 2017 WL 4320804 (D.C. Cir. Sept. 29, 2017) | 2017 WL 4320804, (D.C. Cir. 2017) | The Secretary of Agriculture is directed by the Animal Welfare Act to promulgate regulations governing minimum animal housing and care standards and to issue licenses for animal exhibitionists only if they adhere to these standards. The Animal Legal Defense Fund sued the Department of Agriculture for renewing Tom and Pamela Sellner's Cricket Hollow Zoo in Iowa despite multiple violations of the animal welfare requirements set forth in the Act. In fact, the USDA had filed an administrative complaint against the Sellners and commenced a formal investigation in 2015 According to the court, the USDA has established a "bifurcated" approach to licensing, where initial applicants must comply with regulations and pass an agency compliance inspection, while license renewal applicants must only pay a fee and agree to continue to comply with regulations. After the District Court's dismissal of the case, the Court of Appeals affirmed in part but remanded back to the District Court the question whether the USDA's reliance on self-certification was an arbitrary and capricious action with instructions to get further explanation from the agency. As stated by the court, "On remand, the agency must, at a minimum, explain how its reliance on the self-certification scheme in this allegedly “smoking gun” case did not constitute arbitrary and capricious action." | Case | |
| NY - Enforcement, Conservation - Article 71. Enforcement. | McKinney's ECL § 71-0101 to 71-0927 | NY ENVIR CONSER § 71-0101 to 71-0927 | This set of statutes outlines the procedures and penalties for violations of New York's Environmental Conservation Law. | Statute | |
| MI - Trapping - Chapter 324. Natural Resources and Environmental Protection Act. | M.C.L.A. 324.42501 - 42507 | MI ST 324.42501 - 42507 | These sections describe the regulations for trapping for furs, hides and pelts. This includes the requirement for a fur dealer's license and for a monthly report of all pelts on hand. | Statute | |
| DILLON v. O'CONNOR | 412 P.2d 126 (Wash. 1966) | 68 Wash.2d 184 (1966) |
As the court stated, "This is ‘The Case of the Costly Canine.' ‘Bimbo,’ an acknowledged ‘tree hound' but without pedigree or registration papers, lost a bout with defendant's automobile. For ‘Bimbo's' untimely demise, his owner, plaintiff, brought suit against defendant alleging that ‘Bimbo’ was killed as a result of defendant's negligent operation of his automobile." Ultimately, the court used a market value approach in determining damages. However, based on subsequent caselaw, it should be noted that Washington uses the market value approach only for negligent injury, and not intentional injury. |
Case | |
| People v Arcidicono | 360 N.Y.S.2d 156 (1974) | 79 Misc.2d 242 (1974) |
The defendant was properly convicted of cruelty when a horse in his custody and care had to be destroyed due to malnutrition. The defendant was in charge of feeding the gelding, and was aware of his loss of weight. He knew the diet was inadequate but failed to provide more food. The defendant was guilty of violating Agriculture and Markets Law § 353 for failing to provide proper sustenance to the horse. |
Case | |
| US - Air travel, service animals - Nondiscrimination on the Basis of Disability, Technical Assistance Manual | 2005 WL 1667262 (F.R.) |
This document responds to a Congressional mandate for the U.S. Department of Transportation to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations.
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Administrative |