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Title Citation Alternate Citation Summary Type
Tlaxcala

This southwestern state is the smallest of the Mexican states. In 2022, Tlaxcala joined the vast list of states in Mexico that punish animal cruelty as a criminal offense. Before that, this state only had an animal protection law that was enacted in 2019.

Policy
CA - Dog, dangerous - § 31625. Seizure and impoundment pending hearing West's Ann.Cal.Food & Agric.Code § 31625 CA FOOD & AG § 31625 This California statute allows an animal control officer or law enforcement officer to seize and impound the dog pending hearing if there is probable cause to believe the dog poses an immediate threat to public safety. The owner or keeper of the dog shall be liable to the city or county where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious. Statute
EU - Fur - Regulation (EC) No 1523/2007 (dog and cat fur ban) Regulation (EC) No 1523/2007
The European Union (EU) bans trade in cat and dog fur, including imports and exports. It also introduces accompanying measures to ensure the effectiveness of this ban.
Statute
U.S. v. Apollo Energies, Inc. 611 F.3d 679 (C.A.10 (Kan.), 2010) 2010 WL 2600502 (C.A.10 (Kan.))

Appellants, Apollo Energies, Inc. and Dale Walker, were charged with violating the Migratory Bird Treaty Act after an agent with the USFWS discovered dead migratory birds lodged in each appellant's "heater-treater," a piece of equipment used in the course of appellants' Kansas oil drilling businesses, on several occasions. At trial, both Apollo and Walker were convicted of  misdemeanor violations for "taking" or "possessing" migratory birds. On appeal, Apollo and Walker contested that (1) the MBTA is not a strict liability crime or, (2) if it is a strict liability crime, the MBTA is unconstitutional as applied to their conduct. Bound by a previous holding that found misdemeanor violations of the MBTA are strict liability crimes, the court concluded that the MBTA includes no mens rea requirement. As to Appellants' second contention challenging the constitutionality of the Act, the court concluded that while the Act is not unconstitutionally vague, "the MBTA requires a defendant to proximately cause the statute's violation for the statute to pass constitutional muster.

Case
Constitutional Law of Human Rights and its Guarantees of Mexico City Ley Constitucional de Derechos Humanos y sus Garantías de la Ciudad de México This 2019 law is a secondary law that regulates the application of the constitutional mandate that the Mexico City government guarantees the fulfillment of the more than fifty fundamental rights established in the Constitution. This law addresses the issue of animal protection, specifically in Article 95. Article 95 states that animal protection shall be guaranteed in the broadest way to provide a livable city and seek people's fulfillment of the right to a healthy environment. Statute
Derecho Animal Volume 7 Núm 2

Tabla de contenidos

 

Editorial

 

ICALP - International Center for Animal Law and Policy

Teresa Giménez-Candela

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PDF (EN)

Policy
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
Wyoming Farm Burearu v. Babbitt 199 F.3d 1224 (10th Cir. 2000) 49 ERC 1985, 30 Envtl. L. Rep. 20,289, 2000 CJ C.A.R. 434 (2000)

The State Farm Bureaus (a national farm organization)), researchers, and environmental groups appealed from decision of United States and federal agencies to introduce experimental population of gray wolves in a national park and central Idaho. The United States District Court for the District of Wyoming struck down the Department of Interior's final wolf introduction rules and ordered reintroduced wolves removed. In reversing the lower court's decision, the Court of Appeals for the 10th Circuit held that the possibility that individual wolves from existing wolf populations could enter experimental population areas did not violate provision of Endangered Species Act requiring that such populations remain "geographically separate."  Further, the fact that the promulgated rules treated all wolves, including naturally occurring wolves, found within designated experimental population areas as nonessential experimental animals did not violate ESA.

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