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Title Citation Alternate Citation Agency Citation Summary Type
ID - Exotic Animals - Chapter 27. Rules Governing Deleterious Exotic Animals IDAPA 02.04.27.100 ID ADC 02.04.27.100 These Idaho rules concern the possession, propagation, and exhibition of "deleterious exotic animals." No person may possess or propagate a deleterious exotic animal in the state, unless such person obtains a possession permit issued by the Administrator. Species of deleterious exotic animals include leopards, lions, non-pinioned mute swans, Russian wild boar, and all non-human primates, among others. Administrative
Town of Bethlehem v. Acker 102 A.3d 107 (Conn. App. 2014) 153 Conn.App. 449 (2014) Plaintiffs seized approximately 65 dogs from the Society for the Prevention of Cruelty to Animals of Connecticut pursuant to a search and seizure warrant that had been issued on facts showing that the dogs, which were being kept in an uninsulated barn with an average temperature of 30 degrees Fahrenheit, were neglected, in violation of General Statutes § 22–329a. The trial court found that the smaller breed dogs were neglected, but found that larger breed dogs were not. On an appeal by plaintiffs and a cross appeal by defendants, the appeals court found: (1) the trial court applied the correct legal standards and properly determined that the smaller breed dogs were neglected and that the larger breed dogs were not neglected, even though all dogs were kept in a barn with an average temperature of 30 degrees Fahrenheit; (2) § 22–329a was not unconstitutionally vague because a person of ordinary intelligence would know that keeping smaller breed dogs in an uninsulated space with an interior temperature of approximately 30 degrees Fahrenheit would constitute neglect; (3) the trial court did not err in declining to admit the rebuttal testimony offered by the defendants; and (4) the trial court did not err in granting the plaintiffs' request for injunctive relief and properly transferred ownership of the smaller breed dogs to the town. The appellate court, however, reversed the judgment of the trial court only with respect to its dispositional order, which directed the parties to determine among themselves which dogs were smaller breed dogs and which dogs were larger breed dogs, and remanded the case for further proceedings, consistent with this opinion. Case
Humane Soc'y of the United States v. Nat'l Institutes of Health Slip Copy, No. 21-CV-00121-LKG, 2022 WL 17619232 (D. Md. Dec. 13, 2022) Plaintiff animal welfare advocates sued the National Institute of Health (NIH) for failing to transfer all chimpanzees housed at the Alamogordo Primate Facility to a retirement sanctuary known as “Chimp Haven." According to plaintiffs, transfer is required under the federal Chimpanzee Health Improvement, Maintenance and Protection Act (“CHIMP Act”), 42 U.S.C. § 283m, as well as the Administrative Procedure Act (APA). In 2015, NIH officially announced that it would cease biomedical research on chimpanzees and establish a working group to transfer all 288 surplus chimpanzees owned by NIH to Chimp Haven. In 2019, the NIH announced that not all chimpanzees would be transferred to Chimp Haven because 44 of those individuals were too frail for transfer due to medical conditions. After cross-motions for summary judgment, this court considers whether transfer is legally required. On appeal, Plaintiffs contend that the plain language of the CHIMP Act requires the transfer of all chimps and the court owes no deference to agency interpretation. In contrast, the Government argues that the decision is consistent with the CHIMP Act because the plain language of the act only requires that surplus chimpanzees offered by NIH be "accepted" into CHIMP Haven. The court found that the plain and unambiguous language, and use of the word "shall," in the CHIMP Act requires the NIH to transfer ALL chimpanzees to the federal sanctuary system. In addition, the legislative history of the CHIMP Act reinforces that reading of the statute. While the court recognized NIH's concern toward the frailest chimpanzees, the proper avenue is within the legislative branch. Notably, the court was unsure as to the proper remedy in this particular matter (e.g., whether a remand or vacatur is more appropriate). As a result, Plaintiffs' motion for partial summary judgment was granted and the Government's cross motion was denied as was the motion to dismiss. The court directed the parties to file a joint status report report with views on the relief Plaintiff seeks and how the matter should proceed in light of the instant opinion. Case
IN - Animal Sacrifice - THE KARNATAKA PREVENTION OF ANIMAL SACRIFICES ACT, 1959 3 of 1960 The law, specific to the southern state of Karnataka, prohibits animal and bird sacrifices in places of public religious worship. Persons are prohibited from performing, organizing, or participating in animal sacrifices—they are criminal offences carrying a fine or imprisonment. Police officers not below the rank of a sub-inspector may arrest persons committing an offence under this Act without a warrant. Statute
Alliance for the Wild Rockies v. Salazar 672 F.3d 1170 (9th Cir. 2012) 2012 WL 834096 (9th Cir. 2012) Environmental organizations challenged constitutionality of Section 1713 of the 2011 Appropriations Act ordering Secretary of Interior to reissue a final rule removing a distinct gray wolf population in the northern Rocky Mountains from protections of Endangered Species Act (ESA). The Court of Appeals held that the statute did not violate the separation of powers doctrine, and reasoned that Congress amended, rather than repealed, ESA as to delisting of gray wolf by directing Secretary to reissue rule without regard to any other statute or regulation. Case
State v. Scott 2001 Tenn. Crim. App. LEXIS 561 The appellant pled guilty to one count of animal fighting, one count of cruelty to animals, and one count of keeping unvaccinated dogs, and asked for probation. The trial court denied the appellants request for probation and sentenced him to incarceration. The appellant challenged the trial court's ruling, and the appellate court affirmed the trial court's decision to deny probation, stating that the heinous nature of the crimes warranted incarceration. Case
AZ - Initiatives - Proposition 109 (right to hunt and fish) Proposition 109 (2010) Proposition 109 would have amended the Arizona Constitution. It failed with only 43.5% voting "yes" for the measure. The proposition stated that: 1. Wildlife is held in trust for the citizens of this state, whom have a right to lawfully hunt, fish and harvest the wildlife. 2. The legislature has the exclusive authority to enact laws to regulate hunting, fishing and harvesting of wildlife. The legislature may grant rule making authority to a game and fish commission. No law or rule shall unreasonably restrict hunting, fishing or harvesting of wildlife or the use of traditional means and methods for those activities. Any law or rule shall have the purpose of wildlife conservation and management and preserving the future of hunting and fishing. 3. Lawful public hunting and fishing are the preferred means of managing and controlling wildlife. By its terms, nothing in Proposition 109 shall be construed to modify any law relating to trespass or property rights. Statute
WI - Ordinances - 59.54. Public protection and safety W. S. A. 59.54 WI ST 59.54 This Wisconsin statute provides that a local board may enact ordinances regulating the keeping, apprehension, impounding and destruction of dogs outside the corporate limits of any city or village, but such ordinances shall not conflict with ss. 174.01 and 174.042, and such ordinances may not apply in any town that has enacted an ordinance under s. 60.23(30). Statute
CA - Mammals - § 4700. Taking or possession prohibited; scientific research; legal imports; West's Ann. Cal. Fish & G. Code § 4700 CA FISH & G § 4700 This statute enumerates the fully protected mammals in the state of California. These animals may not be taken or possessed at any time. The statute also specifically states that permits or licenses to take these animals will not be issued, with a possible exception in the case of necessary scientific research. Statute
In re: RONALD DeBRUIN 54 Agric. Dec. 876 (1995) 1995 WL 464872 (U.S.D.A.) Respondent's failure to file timely answer or deny allegations of complaint constitutes admission of allegations in complaint and waiver of hearing. Case

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