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Title Citation Alternate Citation Agency Citation Summary Type
Wright v. Fish and Game Commission (unpublished) 2003 Cal. App. Unpub. LEXIS 8091 2003 WL 22007258 (Cal.App. 4 Dist.)

The California Court of Appeal upheld the state's Fish and Game Commission’s ferret ban against an equal protection challenge from a ferret owner. The owner argued that the ban discriminated between ferret owners and owners of other companion animals. However, the court found a rational relation between the ban and concerns about wildlife and human health (from attacks and from rabies).

Case
US - AWA - Animal Welfare; Inspection, Licensing, and Procurement of Animals 2004 WL 1561072 (F.R.) Docket No. 97-121-3

Several changes and updates have been made to the licensing requirements, the procedures for licenses renewals, and restrictions upon acquisitions of dogs, cats, and other animals.   Although there have been several minor changes, with little affect to the regulation, there have been some more significant changes as well.   The new regulation seems to tighten restrictions, and provides specific guidelines for license applicants.  

Administrative
Animal Legal Defense Fund v. Herbert This complaint launches the first legal challenge to any ag-gag law in the United States. In it, the Animal Legal Defense Fund, People for the Ethical Treatment of Animals, Amy Meyer, and others argue that Utah Code Ann. § 76-6-112 is unconstitutionally overbroad, constitutes content-based discrimination in violation of the First Amendment, is preempted by the federal False Claims Act, and violates animal protection groups’ equal protection and due process. Pleading
AZ - Hunting - § 17-316. Interference with rights of hunters; classification; civil action; exceptions A. R. S. § 17-316 AZ ST § 17-316 This law represents Arizona's hunter harassment law. Under the law, it is a class 2 misdemeanor for a person while in a hunting area to intentionally interfere with, prevent or disrupt the lawful taking of wildlife as defined under the law. It is a class 3 misdemeanor for a person to enter or remain on a designated hunting area on any public or private lands or waters or state lands including state trust lands with the intent to interfere with, prevent or disrupt the lawful taking of wildlife. "Incidental interference" arising from lawful activity by public land users is not unlawful under this section. Statute
Michigan Compiled Laws 1929: Chapter 285: Section 1 Mich. Comp. Laws ch. 285, § 1 (1929) Chapter 285, entitled "An act for the more effectual prevention of cruelty to animals," concerns Michigan's Law about the treatment of animals from 1929. The act covers what qualifies as cruelty to animals and what is the punishment for crime of cruelty to animals. Statute
US - Air travel, service animals - Subpart H. Services on Aircraft. 14 C.F.R. § 382.117, § 382.51, and § 382.117 Note: two of these sections were removed and reserved in 2020, effectively removing provisions related to service animals. Prior to it being removed, it previously stated that carriers must permit service animals to accompany passengers with disabilities. A carrier must permit the service animal to accompany the passenger with a disability at any seat in which the passenger sits, unless the animal obstructs an aisle or other area. The Department of Transportation used to allow identification of a service animal by the presence of harnesses, tags, or "the credible verbal assurances of a qualified individual with a disability using the animal." A carrier is was never required to accommodate certain unusual service animals (e.g., snakes, other reptiles, ferrets, rodents, and spiders). Administrative
Humane Society of the United States v. Animal and Plant Health Inspection Service 2019 WL 2342949 (D.D.C. June 3, 2019) The Humane Society submitted two Freedom of Information Act requests to the Animal and Plant Health Inspection Service. One was for site-inspection reports and the other was for inspection records for specific animal dealers and exhibitors. The Service released nine pages of inspection records in full but redacted information from the other 127 pages citing FOIA exemptions 6 and 7 that deal with privacy concerns. The Humane Society alleged that the redactions were improper and both parties filed Cross-Motions for Summary Judgment. The Court found that the bulk of the Service’s redactions were improper under exemption 6 because the information did not implicate a licensee’s personal privacy interests. Exemption 6 was meant to protect individuals from public disclosure of intimate details of their lives. Details about a business’ compliance with regulations and statutes does not relate to intimate personal details. It only relates to business activities. Information about business judgments and relationships do not qualify for redaction. However, a substantial privacy interest is anything greater than a de minimus privacy interest and the licensees and third-parties had more than a de minimus privacy interest in their names, addresses, and contact information. The licensees were also homestead businesses meaning that the location of their business also served as their residence. The Court weighed the privacy interest in non-disclosure against the public interest in the release of the records and ultimately found that although the licensees and third parties had a substantial privacy interest in their names, addresses, and contact information, they only had a de minimus privacy interest in the other information that they withheld from the reports. If no significant privacy interest is implicated, FOIA demands disclosure. The service was required to disclose all reasonably segregable portions of the records that do not include identifying information. The Court found the Humane Society’s argument unpersuasive that releasing the addresses of the licensees would serve the public interest. The Service properly withheld the licensees’ addresses and names of third-party veterinarians. Exemption 7 allows for agencies to withhold information compiled for law enforcement purposes, but only to the extent that the production of those law enforcement records could reasonably be expected to constitute an unwarranted invasion of personal privacy. The Humane Society argued that inspection reports are not compiled for law enforcement purposes because the existence of such a report does not, on its face, reveal that there is any particular enforcement or investigatory action occurring. The Court found that the inspection records relate to the Service’s responsibility to enforce the AWA and ensure that licensees are in compliance, therefore, there was a nexus between the reports and the Service’s law enforcement duties. The Court also conducted the same balancing test that they did with exemption 6 and held that the Service releasing information other than the licensees’ addresses and third parties’ names could not reasonably be expected to constitute an unwarranted invasion of personal privacy. The Service properly withheld the licensees’ addresses and contact information and despite the Service’s improper withholding of dates, inspection narratives, animal inventories, etc., the Court found that they had otherwise met their burden of releasing all reasonably segregable information. Both the Plaintiff’s and Defendant’s Cross-Motions for Summary Judgment were granted in part and denied in part. Case
Kanoa Inc., v. Clinton 1 F. Supp. 2d 1088 (1998)

Plaintiff cruise company filed a motion for a temporary restraining order and a preliminary injunction to halt scientific research of the defendant government, alleging standing under the National Environmental Policy Act ("NEPA"), the Marine Mammal Protection Act ("MMPA"), and the Endangered Species Act ("ESA").

Case
The South African Predator Breeders Association v. The Minister of Environmental Affairs and Tourism South African Predator Breeders Association and Others v Minister of Environmental Affairs and Tourism (1900/2007) [2009] ZAFSHC 68 (11 June 2009) This application is about the validity of regulations designed to regulate the hunting of lions that were bred in captivity. Case
UK - Circus - Performing Animals (Regulation) Act 1925 1925 CHAPTER 38

The Performing Animals Act 1925 requires any person who exhibits or trains any performing (vertebrate) animal to be registered with a local authority. This information is kept in the local register. The law also gives power to local authorities to prohibit animal training or exhibition where it is accompanied by cruelty.  Any officer of a local authority duly authorised in that behalf by the local authority and any constable may inspect performance premises during reasonable hours. Failure to become properly registered or concealing an animal to avoid inspection makes a person guilty of an offence.

Statute

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