Results
Displaying 21 - 30 of 6638
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 |
| 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 |
| U.S. v. One Afghan Urial Ovis Orientalis | 964 F.2d 474 (5th Cir. 1992) |
Claimant appeals the order granting summary judgment to the government in a order of forfeiture under the Lacey Act for the hide and parts of a sheep killed in Pakistan and exported to the U.S. Claimant argues that because there is no national Pakistani law enacted for the protection of wildlife, no Pakistani law interferes with his right to remove the respondent sheep from Pakistan based upon the provincial permit. The court disagreed, noting the Pakistan Constitution honors provincial law to the extent that it does not conflict with national law and Pakistani law prohibits the export of "wild animal skins and garments made from such skins, products or derivatives of such skins." The Court held that the Government established probable cause for the forfeiture, and Claimant did not demonstrate that any genuine issue of material fact exists which would preclude the award of summary judgment. |
Case | |
| Stout v. U.S. Forest Service | 2011 WL 867775 (2011) |
Plaintiff ranch owners grazed cattle within the Murderer's Creek Wild Horse Territory (WHT), an area in which the threatened Middle Columbia River steelhead was present. The Forest Service approved a wild horse management plan in the area, but failed to prepare a Biological Assessment (BA) to determine whether the plan was likely to affect the threatened species, and whether formal consultation with the National Marine Fisheries Service (NMFS) was necessary. The Forest Service’s failure to comply with section 7(a)(2) of the Endangered Species Act (ESA) was arbitrary and capricious, and was ordered to consult with NMFS on its plan. |
Case | |
| Puppies 'N Love, v. City of Phoenix | 116 F. Supp. 3d 971 (D. Ariz. 2015) | 2015 WL 4532586 (D. Ariz., 2015) | Defendant City of Phoenix passed an ordinance that prohibited pet stores from selling dogs or cats obtained from persons or companies that bred animals; pet stores could only sell animals obtained from animal shelters or rescue organizations. Puppies 'N Love operated a pet store in Phoenix that sold purebred dogs obtained from out-of-state breeders. Puppies 'N Love and its owners sued the City, claiming primarily that the Ordinance violated the dormant Commerce Clause of the United States Constitution by closing the Phoenix market to out-of-state breeders and giving an economic advantage to local breeders. All parties, including Intervenor Humane Society of the United States (“HSUS”), filed motions for summary judgment. The District Court granted the Intervenor’s and the city’s motions, but denied Puppies ‘N Love’s motion, thereby upholding the ordinance. | Case |
| 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 |