Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Hatahley v. United States | 351 U.S. 173, 76 S.Ct. 745 (1956) | 100 L.Ed. 1065 (1956) |
In the case of Hatahley v. United States, 351 U.S. 173 (1956), a group of Navajo Indians living in Utah sued the government under the Federal Torts Claim Act, to recover the confiscation and destruction of horses and burros that were kept as pets and uniquely valued to the owners. The federal agents confiscated these animals and then sold them to a glue factory. The petitioners vehemently argued that these horses had unique and sentimental value to them, and served as a means of income to yield crops. Although the government agents argued that they were authorized to engage in this taking pursuant to the Utah Abandoned Horse Slaughter Act, the trial court ruled in favor of the petitioners. The court awarded the petitioners a judgment of $100,000 based on the fair market value, consequential damages for deprivation of use, and “mental pain and suffering” of the petitioners. The decision was reversed and remanded to the District Court with instructions to assess damages with sufficient particularity. |
Case | |
| VT - Endangered wildlife - Chapter 124. Trade in Covered Animal Parts or Products | 10 V.S.A. § 5501 - 5508 | VT ST T. 10 § 5501 - 5508 | This Vermont chapter, enacted in 2022, relates to the trade in certain animal products. Under the law, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product. A covered animal part includes certain big cat species, elephants, giraffes, hippopotamuses, mammoths, mastodons, pangolins, endangered rays, rhinoceroses, sea turtles, endangered sharks, certain whales, and certain ape species. Exceptions exist for activities authorized under federal law, parts with "antique status" as defined, among others. For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00. | Statute | |
| Archer v. State | 309 So. 3d 287 (Fla. Dist. Ct. App. 2020) | 2020 WL 7409970 (Fla. Dist. Ct. App. Dec. 18, 2020) | Defendant Tim Archer pleaded no contest to felony animal cruelty in Florida. Archer's dog Ponce apparently made a mess in Archer's house and, when Archer "disciplined" Ponce, the dog bit him, leading to Archer violently beating and stabbing the dog to death. Public outcry over mild punishment in the state for heinous acts of animal abuse led to "Ponce's Law," which enhanced penalties (although it did not retroactively apply to Archer). As a condition of Archer's plea agreement, both parties stipulated to a restriction on future ownership of animals as part of Archer's probation. On appeal here, Archer argues that the trial court erred in imposing these special conditions of probation. With regard to special condition 34 and 35, which prohibits him from owning any animal for the duration of his life and prohibits him from residing with anyone who owns a pet, Archer seeks clarification whether this prohibits him from residing with his ex-wife and children who own two cats, respectively. The court found that condition 35 would only be in effect for his three-year probationary term. Additionally, the court found condition 34 that imposes a lifetime ban on ownership exceeded the trial court's jurisdiction regardless of the open-ended language of Ponce's law. The animal restriction is not "a license to exceed the general rule that prohibits a court from imposing a probationary term beyond the statutorily permissible term, which in this case is five years." The case was remanded to the trial court to modify the conditions of probation to be coextensive with the probationary term. | Case | |
| CA - Licenses - City dog license tags; compliance with division | West's Ann. Cal. Food & Agric. Code § 30502 | CA FOOD & AG § 30502 | This California statute provides that any dog tag issued pursuant to ordinance by a city or county will be valid provided it complies with this division, provides for the wearing of the license tag upon the collar of the dog, and provides for the keeping of a record which shall establish the identity of the person that owns or harbors the dog. | Statute | |
| EU - Farming - Egg regulation, Number 557 | (EC) Number 557/2007 |
In May 2007, the Commission passed an egg regulation, Number 557, building upon the prior one (Number 1028) and delineating detailed marketing standards for eggs. The Regulation sets out rules, applicable to virtually all hen eggs sold in the EU, for the quality and weight grading, packaging, marking, storage, transport and presentation for retail sale of eggs, to ensure that they are marketed on an evenhanded, competitive basis. Though the regulation’s focus is primarily on egg marketing rather than animal welfare, it includes certain provisions that bear upon animal welfare. For instance, the regulation sets out detailed requirements for hen living conditions that must be met before eggs can qualify as “free range,” including open-air runs of low hen density.
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Statute | ||
| European Union - Farming - Directive for Protection of Animals | Official Journal L 221 , 08/08/1998 P. 0023 - 0027 | COUNCIL DIRECTIVE 98/58/EC | This Directive lays down minimum standards for the protection of animals bred or kept for farming purposes. | Administrative | |
| Protocol of Amendment to the European Convention for the Protection of Animals kept for Farming Purposes | The following are the additional protocol to the European Convention on Farm Animals. The definition of "intensive stock farming systems" has been elaborated on. Additions concerning the confines of artificial breeding and the feeding of harmful things to animals through food or drink are also included. | Treaty | |||
| Conservation Force v. Salazar | 715 F.Supp.2d 99 (D.D.C., 2010) | 2010 WL 2244122 (D.D.C.) |
Plaintiffs to this suit — organizations and individuals that support sustainable hunting of the Canadian Wood Bison — alleged that the Secretary of the Department of Interior violated several provisions of the ESA in his treatment of that species. Specifically, Plaintiffs contend that the Secretary failed to: (1) make a twelve-month finding as to the status of the Canadian Wood Bison upon petition and (2) process Plaintiffs’ applications to import bison hunting trophies. In granting the Defendant's motion to dismiss, the court found that Plaintiffs’ intent to sue letter did not specify to the Secretary that they intended to challenge his subsequent failure to issue a twelve-month finding. Since Plaintiffs gave the Secretary inadequate opportunity to review his actions and take corrective measures, the claim was dismissed. Plaintiffs — four individuals who each successfully hunted a Wood Bison in Canada — sought declaratory judgment against the Service under the ESA for failure to process their applications to import bison trophies. The court also held that the request for declaratory judgment was moot where Plaintiffs failed to demonstrate that they ever intended to again apply for import permits. |
Case | |
| IN - Cattle Slaughter - THE ANDHRA PRADESH PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977 | 11 of 1977 | The legislation, specific to the South Indian state of Andhra Pradesh, prohibits the slaughter of cows and the calves of female buffaloes. Other animals may not be slaughtered without a certificate from a competent authority. Slaughter may be carried out only in specified places. Offences under the Act are punishable with imprisonment or fines. The law protects acts done in good faith under this Act or its rules. The Act provides for the establishment of institutions taking care of cows. | Statute | ||
| Mangy Curs and Stoned Horses: Animal control in the District of Columbia from the beginnings to about 1940 |
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Policy |
