Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| N.Y. Pet Welfare Ass'n, Inc. v. City of N.Y. | 850 F.3d 79 (2d Cir. 2017) |
In 2015, New York City enacted a group of laws aimed at dealing with problems associated with the companion animal business in the city by regulating the sale of dogs and cats in pet shops. On the day the laws were to go into effect, the New York Pet Welfare Association (NYPWA) filed suit challenging two of the laws. The first law, the “Sourcing Law,” required that pet shops sell only animals acquired from breeders holding a Class A license issued under the federal Animal Welfare Act (AWA). The second law law, the “Spay/Neuter Law,” required that pet shops sterilize each animal before releasing it to a consumer. NYPWA argued that the Sourcing Law violated the “dormant” Commerce Clause and is preempted by the AWA, and that the Spay/Neuter Law is preempted by New York law. The district court dismissed NYPWA’s complaint and the 2nd Circuit Court of Appeals affirmed the district court’s decision. First, the 2nd Circuit determined that the Sourcing Law did not violate the Commerce Clause because it did not discriminate against interstate commerce. The 2nd Circuit found that the Sourcing Law may make it difficult for certain out of state breeders to sell to city shops, but so long as breeders from other states are allowed to sell in the city, then it is not considered to be discriminatory. Also, the 2nd Circuit found that NYPWA was unable to show that any incidental burden that the Sourcing Law placed on out of state breeders was excessive and therefore the law passed under the Pike Balancing test. Lastly, the 2nd Circuit determined that the Spay/Neuter Law was not preempted by New York Law because NYPWA failed to identify a single New York statute or case that suggests that the new law would be preempted in any way. As a result, the 2nd Circuit affirmed the district court’s ruling. |
Case | |
| PA - Hunting, Internet - § 7641. Computer-assisted remote harvesting of animals | 18 Pa.C.S.A. § 7641 | 18 Pa. Stat. and Consol. Stat. Ann. § 7641 (West) | This statute prohibits computer-assisted remote hunting and the operation of computer assisted hunting facilities in the state of Pennsylvania. Violation is a misdemeanor of the third degree. | Statute |
| LA - Dog - Consolidated Dog Laws | LSA-R.S. 13:5544 - 45; LSA-R.S.3:2451 - 2778; LSA-R.S. 56:124.1, 141; LSA-R.S. § 40:1269.1 - 4; LSA-R.S. 49:165 | These statutes comprise Louisiana's dog laws. Included among the provisions are dangerous dog laws, impoundment provisions, and the relevant licensing requirements. | Statute | |
| DE - Exotic Pets - CHAPTER 72. POSSESSION OF MAMMALS OR REPTILES EXOTIC TO DELAWARE | 3 Del.C. § 7201 - 7203 | DE ST TI 3 § 7201 - 7203 | This Delaware law requires a permit to possess, sell, or import any non-native wild animal. No such permits will be granted for non-native venomous snakes. | Statute |
| Commonwealth v. Russo | 218 N.E.3d 116, review granted, 493 Mass. 1104, 223 N.E.3d 741 (2023) | 103 Mass.App.Ct. 319, 2023 WL 5962931 (Mass. App. Ct. Sept. 14, 2023) | This is a case regarding an animal cruelty charge brought against defendant, the owner of an elderly, terminally ill dog. First, defendant’s family brought the fourteen-year-old dog to an animal hospital. The staff at the hospital examined the dog, which had a large mass on his side, and recommended that the dog have surgery to remove the mass. Defendant did not authorize the surgery, and instead took the dog home. Three weeks later, defendant brought the dog back to the animal hospital, where the staff noticed that his condition had worsened significantly. At this point, the veterinarian recommended humane euthanasia to end the dog’s suffering, but defendant declined and requested the surgery. The veterinarian declined, claiming the dog would not survive the surgery, and defendant took the dog home saying they would have another vet euthanize the dog. The veterinarian reported defendant to the Animal Rescue League of Boston, who conducted a welfare check on the dog and found it in very poor health. When the Animal Rescue League asked defendant to euthanize the dog or get him medical attention, defendant declined and insisted the dog would die at home. Defendants were charged with violating the animal cruelty statute, defendant’s motion to dismiss the complaint was granted, and this appeal followed. The question on appeal is whether defendant’s conduct in refusing to euthanize the dog constitutes animal cruelty under the statute. The Commonwealth argues that the animal cruelty statute covers the conduct of one who has charge of an animal but, rather than inflicting the harm directly, “authorizes or permits” the animal “to be subjected to” harm, and that keeping the dog in a state of suffering rather than euthanizing the dog fits this definition. However, after examining case law, the court could not find a case in which a person's failure to euthanize an animal was interpreted as “subjecting” an animal to harm, and did not want to extend the statute that far. The court affirmed the holding of the lower court. | Case |
| IA - Dog License - 351.27. Right to kill tagged dog | I. C. A. § 351.27 | IA ST § 351.27 | This Iowas statute makes it lawful for any person to kill a dog, wearing a collar with a rabies vaccination tag attached, when the dog is caught in the act of worrying, chasing, maiming, or killing any domestic animal or fowl, or when such dog is attacking or attempting to bite a person. | Statute |
| CA - Cockfighting - § 597i. Cockfighting implements; prohibitions; penalties | West's Ann. Cal. Penal Code § 597i | CA PENAL § 597i | This statute makes it unlawful for anyone to manufacture, buy, sell, barter, exchange, or have in his possession any of the implements commonly known as gaffs or slashers, or any other sharp implement designed to be attached in place of the natural spur of a gamecock or other fighting bird. The section also provides for forfeiture of such items, in addition to any sentence imposed by the court. | Statute |
| MI - Wolves - Control of gray wolves, § 324.95151 to 324.95167 | M.C.L.A. 324.95151 - 324.95167 | Mich. Comp. Laws Ann. § 324.95151 - 324.95167 | This chapter of Michigan laws deals with the removal, capture, or destruction of gray wolves. According to the laws, a landowner is able to use any means necessary to remove a gray wolf from its property, including lethal force, if the gray wolf is threatening the landowners livestock or dog(s). Once a landowner has removed, captured, or destroyed a gray wolf, the landowner must report it to a department official no later than 12 hours after the removal, capture, or destruction. According to Section 324.95167, the act is not operative until final appellate court issues a decision overruling the decision of The Humane Society of the United States v Dirk Kempthorne that allows removal of wolves from the federal ESA list, or the U.S. Fish & Wildlife Service promulgates a final rule dated after March 12, 2007 that removes gray wolves located in this state from the list of endangered and threatened wildlife established under the federal endangered species act of 1973 and that final rule takes effect. | Statute |
| OR - Lien, care - 87.159. Lien for care of animals | O.R.S. § 87.159 | OR ST § 87.159 | This law relates to liens for animals impounded under the animal cruelty laws (specifically ORS 167.345). A person who, or governmental agency that, transports, pastures, feeds, cares for or provides treatment to an animal that has been impounded under ORS 167.345 has a lien on the animal in the possession of the person or governmental agency for the reasonable charges for transportation, pasturage, feed, care or treatment provided by the person or governmental agency, and the person or governmental agency may retain possession of the animal until those charges are paid. | Statute |
| US - Conservation - Fish & Wildlife Improvement Act of 1978 | 16 U.S.C. 742l | The Fish and Wildlife Improvement Act of 1978 authorizes the Secretaries of the Interior and Commerce to establish, conduct, and assist with national training programs for State fish and wildlife law enforcement personnel. It also authorized funding for research and development of new or improved methods to support fish and wildlife law enforcement. The law provides authority to the Secretaries to enter into law enforcement cooperative agreements with State or other Federal agencies, and authorizes the disposal of abandoned or forfeited items under the fish, wildlife, and plant jurisdictions of these Secretaries. | Statute |