Results
Displaying 101 - 110 of 6638
| Title | Citation | Alternate Citation | Summary | Type | |
|---|---|---|---|---|---|
| Wolf time blah blah |
|
Article | |||
| Horton v. U.S. Dept. of Agriculture | 559 Fed.Appx. 527 (6th Cir. 2014) | Petitioner sold dogs and puppies without an Animal Welfare Act (“AWA”) dealer license. An Administrative Law Judge (“ALJ”) found the Petitioner violated the AWA and issued a cease and desist order to prevent further violations of the Act and ordered Petitioner to pay $14,430 in civil penalties. Both Petitioner and Respondent, the Administrator of the Animal and Plant Health Inspection Service (“APHIS”), appealed the ALJ's decision to a judicial officer (“JO”), acting for the Secretary of the Department of Agriculture, who increased the civil penalties amount from $14,430 to $191,200. Petitioner appealed this decision, alleging that (1) the ALJ and JO erred by failing to determine the willfulness of his actions, and (2) the JO improperly applied the Department's criteria for assessing civil penalties. The 6th Circuit found that since the AWA did not contain a willfulness requirement, the JO's failure to make a willfulness determination was not an abuse of discretion. Further, the 6th Circuit held that the JO's factual findings regarding Petitioner's dog sales were supported by substantial evidence. Lastly, the 6th Circuit held the size of the civil penalty assessed against Petitioner was warranted by law. The court denied the petition for review and affirmed the Secretary's Decision and Order. | Case | ||
| CA - Animal Defined - § 599b. Words and phrases; imputation of knowledge to corporation | West's Ann. Cal. Penal Code § 599b | CA PENAL § 599b | This statute defines words, such as "animal," as they are used in Title 14, the Malicious Mischief section, of the California Penal Code. Title 14 is where all of the California Penal Code sections pertaining to animal cruelty are found. | Statute | |
| Mexico - Health - Ley Federal de Sanidad Animal | Federal Law of Animal Health | The Federal Law of Animal Health establishes the foundation for diagnosing, preventing, controlling, and eradicating zoonotic diseases. It defines animal welfare and outlines best practices related to livestock, among other things. This law defines animal welfare as the set of activities aimed at providing animals comfort, tranquility, protection, and safety during rearing, maintenance, exploitation, transport, and slaughter. | Statute | ||
| CITES - Non-Detriment Findings Checklist for CITES |
Quick summary of document to aid CITES Scientific Authorities in make a decision about whether a export of an appendix II species is acceptable by being non-detrimental. |
Treaty | |||
| New Zealand - Animal Welfare - Code for Layer Hens 2012 | This code sets the minimum standards for the care and management of layer hens under all forms of management used in New Zealand. The purpose of this code is to provide guidance to the owners of layer hens and to persons who are in charge of them about the standards they must achieve in order to meet their obligations under the Animal Welfare Act 1999. | Statute | |||
| US - AWA - Animal Welfare Act Decisions |
This document contains references to both court decisions and administrative proceedings under the Animal Welfare Act on a section by section basis. |
Statute | |||
| MT - Dog - Dogs Act | Act XXI of 1985, Amended by VII of 1990 |
The Dogs Act was originally enacted in 1985. It provides that a person keeping a dog over the age of six months must obtain a licence for the dog. If a person does not have a licence for the dog, he or she shall be guilty of a criminal offence and will be liable to the punishment of a fine ( ammenda ) of five liri. |
Statute | ||
| Farm Sanctuary v. United States Department of Agriculture | 545 F. Supp. 3d 50 (W.D.N.Y. 2021) | Plaintiffs (nonprofit organizations working to protect animals, people, and environments from industrial animal agriculture) filed suit against the USDA and FSIS challenging the implementation of the Modernization of Swine Slaughter Inspection rule, 84 Fed. Reg. 52,300 (Oct. 11, 2019) ("Slaughter Rule”). Plaintiffs contend that the rule allows nearly all pigs in the U.S. to be slaughtered as "unlimited speeds," thereby posing risks to animal welfare and consumer safety. Plaintiffs' lawsuit was later amended to add a claim that challenges Defendants' failure to ban the slaughter of non-ambulatory or "downed" pigs in the rule. Defendants filed motions to dismiss on the grounds that Plaintiffs have no standing to sue. Plaintiffs contend that they have been injured by Defendants' implementation of the Slaughter Rule. Specifically, Plaintiffs argue that the authorization of the high-speed slaughter rule directly conflicts with their organizational missions and redirects resources to counteracting the Slaughter Rule instead of other activities like rescue of animals and advocacy. Some of the plaintiff organizations further allege that their members include consumers who eat pork products and are concerned about the increased health risks they face from consuming products from pigs who have not been adequately inspected as well as impacts to the environment from increased slaughter. In addition, Plaintiffs allege that the FSIS is not consistent in its treatment of downed pigs versus downed cattle, and that downed pigs are inhumanely forced to rise/stand for slaughter resulting in potential exposure to the public of disease and other public health risks. The court first took up Defendants argument that Plaintiffs lack both organizational and associational standing. The Court has reviewed the amended complaint in light of this Second Circuit precedent and finds that Plaintiffs have plausibly alleged that they have been forced to divert resources from mission-critical activities to oppose the Slaughter Rule. In other words, Plaintiffs have plausibly alleged that Defendants’ unlawful practices have impaired and frustrated their ability to engage in mission-related activities and caused a consequent drain on their limited resources, which “constitutes far more than simply a setback to the organization's abstract social interests" sufficient to survive a motion to dismiss. Taking Plaintiffs allegations in their pleadings as true, the Court finds that the amended complaint contains allegations sufficient to support organizational standing. Having found that Plaintiffs have organization standing, the Court need not reach the issue of associational standing. Accordingly, Defendants’ motion to dismiss is denied. Finally, as to the 2020 Action concerning the downed pigs, the Court found that The Court reaches the same conclusion it did in the 2019 Action: that at this stage of the case, Plaintiffs have alleged organizational standing. The Court notes that several other Plaintiffs have submitted declarations from their members, which further explain how those organizations have sustained an injury-in-fact. Plaintiffs have plausibly alleged that they provide additional services beyond mere issue advocacy, that these services have been impaired by Defendants’ actions, and that they have been forced to shift their resources away from those services to oppose the slaughter of downed pigs. Defendants' motions to dismiss were denied. | Case | ||
| Agreement APHIS v. FEI | This agreement was entered into by APHIS and Feld Entertainment, Inc. (FEI). FEI is an exhibitor under the Animal Welfare Act and was issued non-compliance reports after numerous inspections. In this agreement, FEI paid $270,000 to the US Treasurer and had to develop and implement annual training to all of its personnel who worked with animals. The agreement also contains provisions that APHIS would not take action against FEI if FEI followed the agreement. | Pleading |
