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Displaying 41 - 50 of 6637
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Animal Legal Defense Fund v. Otter | 44 F. Supp. 3d 1009 (D. Idaho 2014) | 2014 WL 4388158 (D. Idaho, 2014) | In a ‘hold your tongue and challenge now’ First Amendment challenge to an Idaho statute that criminalizes undercover investigations and videography at “agricultural production facilities,” the Animal Legal Defense Fund, as well as various other organizations and individuals, (collectively, “ALDF”), brought suit. The State defendants, Governor Butch Otter and Attorney General Lawrence Wasden, moved to dismiss the ALDF's claims. The claims against the Governor were dismissed under 11th Amendment immunity because the ALDF failed to explain the requisite connection between the Governor and enforcement of section 18–7024. The court also found that since the ALDF failed to allege a concrete plan to violate subsection (e), it lacked standing to challenge section 18–7042(1)(e) and the claim in regards to that provision was therefore dismissed. However, the ALDF’s First Amendment, bare animus Equal Protection, and preemption claims survived the motion to dismiss. | Case | |
| GA - Wildlife, transportation - Article 3. Transportation | Ga. Code Ann., § 27-3-90 to 94 | GA ST § 27-3-90 to 94 | This GA statute pertains to transporting wildlife. It is unlawful to transport any wildlife taken in this state without a license or permit. It is unlawful to transport wildlife by a carrier unless the person files with the carrier a written statement giving his name and address and the number of wildlife to be transported and specifying that he lawfully took the wildlife. It is unlawful to transport any wildlife (or parts) for propagation or scientific purposes without a valid scientific collecting permit. | Statute | |
| CA - Trapping - Chapter 2. Fur-Bearing Mammals Article 1. Trapping Provisions | West's Ann. Cal. Fish & G. Code § 4000 - 4012 | CA FISH & G § 4000 - 4012 | These provisions regulate the fur trade. Fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison (with permit), or with the use of dogs. It is illegal to trap without a license and certain types of traps are not allowed. Fur dealers must have a license, with exceptions. Fur dealers are required to maintain complete records and are prohibited from purchasing raw furs from any person who does not hold a valid trapping license, fur dealer license, or fur agent license. | Statute | |
| Forest Conservation Council v. Rosboro Lumber Co. | 50 F.3d 781 (C.A.9 (Or.),1995) | 25 Envtl. L. Rep. 20,706 (1995) |
In this case, an environmental group filed a citizen suit under the Endangered Species Act (ESA) seeking an injunction to prevent modification of the habitat of a pair of spotted owls by defendant-logging company. The United States District Court for the District of Oregon entered summary judgment for the logging company. The Court of Appeals reversed and remanded. The Court found the issue on appeal is whether the district court correctly interpreted the ESA to foreclose citizen suits that only allege a future injury to a protected species. The Court held that the ESA's language, purpose, and structure authorize citizens to seek an injunction against an imminent threat of harm to a protected species. The proposed clear-cutting logging activity was imminent and reasonably certain to injure the owl pair by significantly impairing their essential behavioral patterns.
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| State v. Butler | 175 N.H. 444, 293 A.3d 191 (2022) | 2022 WL 4488304 (N.H. Sept. 28, 2022) | Defendant Kevin Butler was convicted of criminal negligence after he left his dog inside a parked vehicle for 45 minutes when the temperature was over 90 degrees outside. The charge came after a neighbor noticed a dog in the vehicle that was "scratching at the windows and the door" and appeared to be in distress. After calling the police, an animal control officer removed the animal from the unlocked car and transported the distressed dog to a local veterinary clinic. At trial, the defendant testified that he was out running errands on a "very hot" day, and asked his son to get the dog out of the car as Defendant's hands were full. An important phone call distracted him from following up on the dog's removal and only after the police knocked on his door did he realize the dog must still be in the car. On appeal here, Defendant contends that the evidence was insufficient to establish the mens rea of criminal negligence for both charges. The State must prove that a defendant “fail[ed] to become aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct" and that this risk constitutes a gross deviation from conduct performed by a reasonable person. Here, the court found that the record supports the trial court's conclusion that the defendant failed to become aware of a substantial and unjustifiable risk that the dog would overheat in the car and that his failure to perceive this risk constituted a gross deviation from reasonable care. The temperature was high that day, the car was parked in direct sunlight with all the windows up, and the dog was left for around an hour. The fact that Defendant relied upon his 8-year-old son to remove the dog under these circumstances constituted a gross deviation from reasonable care. This was not "mere inattention" as Defendant claimed. The conviction was affirmed. | Case | |
| Humane Society of U.S. v. Johanns | Slip Copy, 2007 WL 1120404 (D.D.C.) |
In this case, plaintiffs alleged that by creating a fee-for-service ante-mortem horse slaughter inspection system without first conducting any environmental review under the National Environmental Policy Act (NEPA), has violated NEPA and the Council on Environmental Quality's (CEQ's) implementing regulations, abused its discretion, and acted arbitrarily and capriciously in violation of the Administrative Procedure Act (APA). At the time Plaintiffs filed their Complaint, horses were slaughtered at three different foreign-owned facilities in the United States to provide horse meat for human consumption abroad and for use in zoos and research facilities domestically. The instant case pertains to the web of legislation and regulations pertaining to the inspection of such horses prior to slaughter. Based on the Court's finding of a NEPA violation, the Court declared the Interim Final Rule to be in violation of the APA and NEPA, vacated the Interim Final Rule, permanently enjoined the FSIS from implementing the Interim Final Rule, and dismissed this case. This present action is defendant-intervenor Cavel International, Inc's Emergency Motion for a Stay of the Court's March 28, 2007 Order. The Court notes that as of the Court's March 28, 2007 Order, Cavel was the only facility still in operation processing horsemeat for human consumption. The Court finds that a stay of its March 28, 2007 Order would not be in the public interest, and particularly in light of Cavel's failure to demonstrate a likelihood of success on the merits and adequately demonstrate irreparable injury, the Court finds that a balancing of the factors enumerated above supports denying Cavel's request for a stay. |
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| NH - Commercial breeders - art Agr 1704. Operating Standards Relative to Commercial Kennels | NH ADC Agr 1704.01 - 10 | N.H. Code Admin. R. Agr 1704.01 - 10 | These New Hampshire regulations address minimum standards at commercial animal facilities. The regulations cover general aspects (i.e., housing must be structurally sound and maintained in good repair) as well as more specific aspects related to indoor heating/cooling and ventilation requirements. The sizing and construction of primary enclosures and minimal feeding requirements are described. | Administrative | |
| CA - Spay, neuter - Chapter 7. Spay/Neuter and Breeding Programs for Animals. | West's Ann. Cal. Health & Safety Code § 122330, 122331 | CA HLTH & S § 122330 - 122331 | This California chapter declares that the intent of this legislation is to permit cities and counties to take appropriate action aimed at eliminating uncontrolled and irresponsible breeding of animals. Cities and counties may enact dog breed-specific ordinances pertaining only to mandatory spay or neuter programs and breeding requirements, provided that no specific dog breed, or mixed dog breed, shall be declared potentially dangerous or vicious under those ordinances. These entities must also submit statistical information to the State Public Health Veterinarian on a quarterly basis. | Statute | |
| NE - Initiatives - Amendment 2 (right to hunt) | Amendment 2 (2012) | A constitutional amendment to establish the right to hunt, to fish, and to harvest wildlife and to state that public hunting, fishing, and harvesting of wildlife shall be a preferred means of managing and controlling wildlife. It passed with 76.7% of the vote. | Statute | ||
| DC - Exotic Pets - § 8-1808. Prohibited conduct. | DC CODE § 8-1808 | DC ST § 8-1808 | This DC law outlines things an owner or custodian is prohibited from doing with regard to his or her animal. Among them is that an owner or custodian shall not allow his or her animal to go at large. An owner or custodian shall not leave his or her animal outdoors without human accompaniment or adequate shelter for more than 15 minutes during periods of extreme weather, unless the age, condition, and type of each animal allows the animal to withstand extreme weather (excluding cats). The law also states that a person shall not separate a puppy or a kitten from its mother until the puppy or kitten is at least 6 weeks of age. Certain animals are prohibited from being possessed or sold in the District, which are outlined in subsection (j). | Statute |