Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Protect Our Communities Foundation v. Jewell | 825 F.3d 571 (9th Cir. 2016) | 2016 WL 3165630 (9th Cir. June 7, 2016) | In this case, various environmental groups filed suit against the Bureau of Land Management (BLM) and the Department of the Interior, arguing that the BLM should not have granted right-of-way on federal lands to a proposed energy project because the project would violate the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act. The plaintiffs also argued that the BLM’s environmental impact statement (EIS) for the project was not sufficient according to the National Environmental Policy Act (NEPA). Ultimately, the court held in favor of the defendants and found that the EIS was sufficient under the NEPA and that by granting the right-of-way, BLM was not violation the MBTA or the Bald and Golden Eagle Protection Act. The court found that the EIS was sufficient under the NEPA because it included all the necessary information and was broad enough as to not force the BLM into automatically accepting the proposal. Additionally, the court held that the BLM was not in violation of the MBTA or the Bald and Golden Eagle Protection Act because the BLM was acting in a “purely regulatory capacity” and the BLM’s action could directly or proximately cause a violation under the MBTA or the Bald and Golden Eagle Protection Act. | Case |
| Anderson v. Creighton | 483 US 635 (1987) |
Suit was brought against FBI agent seeking damages resulting from warrantless search of residents' home. |
Case | |
| NM - Hunting - Chapter 17. Game and Fish and Outdoor Recreation. | NMSA 1978, § 17-2-7.1 | NM ST § 17-2-7.1 | This law represents New Mexico's hunter harassment provision. It is unlawful for a person to commit interference with another person who is lawfully hunting, trapping or fishing in an area where hunting, trapping or fishing is permitted by a custodian of public property or an owner or lessee of private property. A first offense is a petty misdemeanor; a second or subsequent offense is a misdemeanor. This section does not apply to a farmer or rancher in pursuit of his or her normal farm or ranch operation or law enforcement officer in pursuit of his or her official duties. | Statute |
| Journal of Animal Law Table of Contents Volume 2 |
Published by the students of Michigan State University College of LawJournal of Animal Law Vol. II (2006)The table of contents is provided below. |
Policy | ||
| In the Matter of Kerlin | 376 A.2d 939 (N.J.Super.A.D. 1977) |
Respondent Raymond Kerlin, D.V.M., appealed a decision of the Department of Law and Public Safety, Division of Consumer Affairs, Board of Veterinary Medical Examiners (Board), finding him guilty of "gross malpractice or gross neglect" in the practice of veterinary medicine after an employee at his office (his wife) stated that the office could not treat a deathly ill kitten after the owners requested payment by credit (apparently not accepted at the office). In this case, the court observed nothing in the findings of facts to support a conclusion that respondent was aware of the exchange which occurred between the kitten’s owner and Mrs. Kerlin in time for him to have prevented the situation or to have taken remedial steps. Nothing adduced at trial proved that Dr. Kerlin followed the policy of rejecting requests for emergency treatment on credit. Thus, the court concluded that the State failed to establish that respondent was guilty of a violation or of conduct warranting disciplinary action for "gross malpractice", and the decision of the Board was reversed. |
Case | |
| Auster v. Norwalk | 943 A.2d 391 (Conn. 2008) | 2008 WL 726289 (Conn. 2008) , 286 Conn. 152 (2008) |
Plaintiff, while on church premises, was bitten by a church employee's dog. Plaintiff seeks damages from church under the state dog bite statute, which imposes strict liability for damages on the dog's keeper. The Connecticut Supreme Court ruled in favor of the church, reasoning that a non-owner must be responsible for maintaining and controlling the dog at the time the damage is done in order to be held liable under the statute. |
Case |
| Toney v. Glickman | 101 F.3d 1236 (8th Cir., 1996) | Plaintiffs were in the business of selling animals to research facilities. The Administrative Law Judge (ALJ) found that they had committed hundreds of violations of the Animal Welfare Act, 7 U.S.C. §§ 2131 et seq. The ALH then imposed what was, to that point, the harshest sanction, $200,000, in the history of the Act. The Judicial Officer affirmed the ALJ's findings and denied the Plaintiffs' request to reopen the hearing for consideration of new evidence. While the 8th Circuit affirmed most of these findings, it held that the evidence did not support all of them. Accordingly, the court remanded the matter to the Department for redetermination of the sanction. The court also affirmed the Judicial Officer's refusal to reopen the hearing and denied the Plaintiffs' Request for Leave to Adduce Additional Evidence. The Plaintiffs were free, however, to seek leave to offer this additional evidence on remand to the extent it was relevant to the sanction. | Case | |
| WI - Hewitt - Breed - Pit Bull Ordinance | HEWITT, WI., ORDINANCE NO. 18.01 § 5 |
In Hewitt, Wisconsin, it is unlawful to keep, harbor, own or possess a pitbull dog, with exceptions for dogs registered by the date the ordinance became effective. Such dogs may be kept subject to certain conditions, such as keeping the dog properly confined, using a leash and muzzle, posting "Beware of Dog" signs, and keeping $50,000 liability insurance. |
Local Ordinance | |
| RSPCA v. Stojcevski | 2002 WL 228890, 134 A Crim R 441 | 2002 SASC 39 |
Appeal against the order of the Magistrate dismissing a complaint - prevention of cruelty to animals - respondent charged with ill treating an animal in that failed to take reasonable steps to alleviate any pain suffered by the animal who had a fractured leg bone contrary to sec 13(1) of the Prevention of Cruelty to Animals Act 1985. Dismissal was upheld and court found that defendant did not understand dog was in pain and had and was going to take reasonable steps. |
Case |
| Sammons v. C.I.R. | 838 F.2d 330 (9th Cir. 1988) |
In a tax proceeding, the Commissioner argues that defendant should be disallowed a charitable deduction for donating several artifacts containing eagle parts to a museum because it will frustrate the purpose behind the BGEPA. The court disagrees, finding it unlikely that such an allowance will encourage others to procure eagle artifacts for the sole purpose of obtaining a tax deduction. Further, the court disagrees with the Commissioner that Sammons acquired illegal title to the artifacts, finding Sammons had sufficient ownership interest in the eagle artifacts for donation. For further discussion on commerce in eagle parts under the BGEPA, see Detailed Discussion of Eagle Act. |
Case |