Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| TN - Vehicle - § 29-34-209. Forcible entry of a motor vehicle for purposes of removing a minor or an animal | T. C. A. § 29-34-209 | TN ST § 29–34–209 | This statute grants a person who forcibly breaks into a motor vehicle to save a minor or animal immunity from civil liability. | Statute | |
| MI - Habitat Protection - Chapter 324. Natural Resources and Environmental Protection Act. | M.C.L.A. 324.30101 - 301113 | MI ST 324.30101 - 301113 | These sections describe the necessity and process of obtaining a permit to build a marina, canal or any other project that affects any inland lake, stream or bottomland. | Statute | |
| FL - Assistance Animal - Florida's Assistance Animal/Guide Dog Laws | West's F. S. A. § 413.08 - 081; West's F. S. A. § 316.1301, 1303; West's F. S. A. § 760.08; § 760.27; § 817.265 | FL ST § 413.08 - 081; FL ST § 316.1301, 1303; FL ST § 760.08; § 760.27; § 817.265 | The following statutes comprise the state's relevant assistance animal and service animal laws. | Statute | |
| New Hampshire Ins. Co. v. Farmer Boy AG, Inc. | Not Reported in F.Supp.2d, 2000 WL 33125128 (S.D.Ind.) |
Lightning struck a hog breeding facility, which disabled the ventilation system and killed pregnant sows. Plaintiff Insurance Company sued defendant for damages. The Court held that evidence of damages relating to the lost litters and subsequent generations was excluded because damages for future unborn litters are not recoverable when damages are recovered for the injury to or destruction of the pregnant sows. |
Case | ||
| Kleppe v. New Mexico | 426 U.S. 529 (1976) |
The state of New Mexico challenged the constitutionality of the Wild Free-Roaming Horses and Burros Act after they were ordered by the U.S. government to recover several wild horses they had rounded up from public lands within their state and sold at auction in violation of the WFRHBA. The Supreme Court upheld the Act, finding it to be a valid exercise of federal power under the Article IV Property Clause of, which gave Congress the power to protect wildlife on state lands, state law notwithstanding. |
Case | ||
| Triumph Foods, LLC v. Campbell | --- F.Supp.3d ----, 2024 WL 421994 (D. Mass. Feb. 5, 2024) | This case was brought by a group of pork producers and farmers to challenge the Massachusetts' Prevention of Farm Animal Cruelty Act on the grounds that it violates the dormant Commerce Clause by improperly regulating interstate commerce. The Act would require pork producers to phase out certain means of pig confinement in order to sell pork products in Massachusetts. In response, the state filed a motion to dismiss arguing that there is no causally connected harm to the pork producers, which the court denied. The court first evaluated the slaughterhouse exemption, which exempts sales from the requirement that they must take place within Massachusetts if the buyer takes physical possession of the pork while on the premises of an establishment inspected under the Federal Meat Inspection Act. Plaintiff argued that as an out-of-state pork processor, it could not take advantage of this exemption, even though it operates entirely federally inspected facilities, because it ships its product into Massachusetts from out-of-state and, its buyers do not take physical possession of its product while at its facilities. The court found that this exemption has a discriminatory effect, and vacated the order in part to allow the court to consider whether the Act with the slaughterhouse exemption severed is preempted by the Federal Meat Inspection Act. | Case | ||
| Friends of Animals v. Clay | 811 F.3d 94 (2d Cir. 2016) | 2016 WL 305359 (2d Cir. Jan. 26, 2016) | Friends of Animals (“FOA”) appeals an order of the United States District Court for the Eastern District of New York granting summary judgment in favor of defendants-appellees William Clay in his official capacity as a Deputy Administrator in the Department of Agriculture-APHIS and the FWS. FOA challenged FWS's issuance of a “depredation permit” to the Port Authority of New York and New Jersey authorizing the emergency “take” of migratory birds that threaten to interfere with aircraft at JFK Airport. FOA argues that FWS's own regulations unambiguously prohibit it from issuing such a permit and that the permit should therefore be set aside as the product of agency action that was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The District Court granted summary judgment for defendant FWS. On appeal, this court affirmed that ruling. FOA pointed out that the "emergency take" regulation at 50 C.F.R. § 21.41 does not authorize FWS to issue a permit that allows the emergency take of a migratory bird irrespective of its species, but instead requires a "species-specific" inquiry. However, this court disagreed, finding that "§ 21.41 does not place Port Authority officials in the untenable position of having to choose between violating federal law and deliberately ignoring serious threats to human safety." Further, the court found the specific requirements in § 21.41 concern only applicants seeking a permit and not the FWS itself. In this situation, the court found the 2014 permit's emergency-take provision satisfied § 21.41. The District Court's order was affirmed. | Case | |
| US - Whales - Proposed Threatened Status for Southern Resident Killer Whales | FR Doc. 04-27929 |
We, the NMFS, have completed an update on the status review of Southern Resident killer whales (Orcinus orca) under the Endangered Species Act (ESA). Based on the review of the best available scientific and commercial information, including new data, published papers, and workshop reports available since the review in 2002, we are proposing to list the Southern Resident killer whales as threatened because these killer whales constitute a distinct population segment (DPS) under the ESA and are likely to become endangered in the foreseeable future throughout all or a significant portion of their range. We are not proposing to designate critical habitat at this time, but are requesting public comments on the issues pertaining to this proposed rule. |
Administrative | ||
| KS - Endangered Species - Chapter 32. Wildlife, Parks and Recreation | K. S. A. § 32-957 - 963 | KS ST § 32-957 - 963 | These Kansas statutes set forth the state's endangered and threatened species provisions. Included are the related definitions and the rules for listing species. A permit is required for any form of possession or taking of a listed species. | Statute | |
| CO - Humane Slaughter - Article 33. Custom Processing of Meat Animals. | C. R. S. A. § 35-33-101 to 407 | CO ST § 35-33-101 to 407 | This Colorado section includes both the meat processing laws and the humane slaughter provisions. It covers livestock, which are defined as cattle, calves, sheep, swine, horses, mules, goats, and any other animal which may be used in and for the preparation of meat or meat products. No processor shall shackle, hoist, or otherwise bring livestock into position for slaughter or shall slaughter livestock except by humane methods as defined by regulation; the use of a manually operated hammer, sledge, or poleax is not permitted. Additionally, poultry shall be slaughtered in accordance with "good commercial practices" and in a manner that will result in thorough bleeding. Any person who violates any provision is subject to a civil penalty of not more than $750 per violation for each day of violation and commits a class 2 misdemeanor. | Statute |