Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Ocean Advocates v. United States Army Corps of Engineers | 402 F.3d 846 (9th Cir., 2005) | 2005 WL 525269 (9th Cir.) |
An environmental group brought an action against the U.S. Army Corps Engineers and BP for violating both the National Environmental Policy Act and the Marine Mammal Protection Act. Defendants counter-claimed that the environmental group lacked standing and that the claim was barred by laches. The Court of Appeals affirmed the denial of defendants' motion for summary judgment, reversed summary judgment against the environmental group, and remanded the case for consideration of the environmental group's request for injunctive relief. |
Case | |
| GA - Restaurant, animals - 511-6-1-.07. Physical Facilities. | GA ADC 511-6-1-.07 | Ga Comp. R. & Regs. 511-6-1-.07 | This Georgia regulation has an exception for dogs in outdoor dining areas in the subsection of the regulation that prohibits animals in food service establishments. Subsection (5)(o)(vi) states that pet dogs may be allowed in outside dining areas of a food establishment provided patrons access the area from the outdoors and several other conditions are met. Pet dogs must not come into contact with any serving dishes, utensils, or tableware nor are they allowed on chairs, tables, or other furnishings. Employees and consumers must not provide food to pet dogs. The pet dogs must be kept on a leash and under control of the consumer at all times. At no time is the pet dog allowed to travel through the interior portion of the food service establishment. The establishment must also establish processes for training employees not to handle or pet the dogs and a procedure and equipment for the clean up of pet waste. | Administrative | |
| CA - Initiatives - Proposition 4 (trapping) | Proposition 4 (1998) | This state initiative measure was proposed in 1998 and prohibits trapping mammals classified as fur bearing (or non-game) with body gripping traps for recreation or commerce in fur. This includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps and common rat and mouse traps are not considered body-gripping traps. It passed with 57.5% of the vote. | Statute | ||
| WI - Cruelty - Consolidated Cruelty Statutes | W. S. A. 951.01 - 18; W.S.A. 944.18 | WI ST. 951.01 - 18; WI ST 944.18 | This section comprises the Wisconsin anti-cruelty section. Under the section, "animal" includes every living warm-blooded creature (except a human being), reptile, or amphibian. The section prohibits "mistreating animals," which is defined as treating any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices. This section also prohibits the instigation of dogfights, and has a unique provisions that prohibits the shooting of caged or staked animals. | Statute | |
| Putnam County Humane Society v. Marjorie Duso d/b/a/ Oakwood Kennels, Putnam County Florida |
The Putnam County (Florida) Humane Society brought an action seeking permanent custody of 41 dogs from Marjorie Duso, the operator of a kennel. The PCHS is a not-for-profit corporation that is devoted to the prevention of cruelty to animals pursuant to Florida law. Under that authority, the PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The Putnam County Court granted the PCHS custody of the dogs (except for Ms. Duso’s personal pet dog, which the PCHS was given the right to check on at least once a month). Further, the court enjoined Ms. Duso from owning, possessing, or breeding dogs except those kept as personal pets. |
Pleading | |||
| Western Watersheds Project v. Michael | 353 F.Supp.3d 1176 (D. Wyo. 2018) | Wyoming enacted statutes that imposed civil and criminal penalties for data collection on private land or when private land was crossed to reach public land without landowner permission. The pair of statutes (one criminal and one civil) prohibited individuals from entering “open land for the purpose of collecting resource data” without permission from the owner. The criminal statute imposed penalties that were stricter than Wyoming’s general trespass provision. The Plaintiffs, who were advocacy organizations, filed suit to challenge the statutes alleging that the statutes violated the Free Speech and Petition Clauses of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment and that the statutes were preempted by federal law. The District Court found for the Plaintiffs on the free speech, petition, and equal protection claims, but did not feel that the Plaintiffs stated a preemption claim. Wyoming then amended the statutes and the Plaintiffs amended their complaint re-alleging free speech and equal protection claims. The district court found for the defendants on a motion to dismiss. The Plaintiffs then appealed. Both Plaintiffs and Defendants had filed cross motions for summary judgment. The Court granted the Plaintiffs’ Motion for Summary Judgment and denied Defendants’’ Motion for Summary Judgment. The Court ultimately found that the Wyoming statutes were facially unconstitutional and in violation of the First Amendment to the Constitution. The State of Wyoming was permanently enjoined from enforcing the statutes. | Case | ||
| People v. Chung | 185 Cal. App. 4th 247 (Cal.App. 2 Dist.), 110 Cal. Rptr. 3d 253 (2010), as modified on denial of reh'g (July 1, 2010) | 2010 WL 2198201 (Cal.App. 2 Dist.), 10 Cal. Daily Op. Serv. 6881, 2010 Daily Journal D.A.R. 8189 |
Defendant appealed the denial of his motion to suppress evidence in an animal cruelty case. Defendant claimed officers violated his Fourth Amendment rights when they entered his residence without a warrant or consent to aid a dog in distress. The Court of Appeals affirmed, holding that the exigent circumstances exception to the warrant requirement applied because officers reasonably believed immediate entry was necessary to aid a dog that was being mistreated. |
Case | |
| Journal of Animal and Natural Resource Law, Vol. 14 |
Published by the students of Michigan State University College of Law Journal of Animal & Natural Resource LawVol. |
Policy | |||
| UT - Impound - (Repealed) § 77-24-1.5. Safekeeping by officer pending disposition--Records required | U.C.A. 1953 § 77-24-1.5 (§§ 77-24-1 to 77-24-5. Repealed by Laws 2013, c. 394, § 40, eff. July 1, 2013) | Sections 77-24-1 to 77-24-5. Repealed by Laws 2013, c. 394, § 40, eff. July 1, 2013 (Formerly: this Utah statute, amended in 2011, states that each peace officer shall hold all "property" in safe custody until it is received into evidence or disposed of as provided in this chapter. He or she must also maintain a record that identifies it. Note that the provisions related to specifically to animal impoundment/euthanasia were removed.) | Statute | ||
| KS - Roeland Park - Breed - 2-211 Pit Bulls | ROELAND PARK, KS., CITY ORDINANCE § 2-211 | On January 1, 2018, the prohibition on the keeping of more than one pit bull on any property in the City of Roeland Park, Kansas officially expired. Before this 2015 ordinance that made the possession of more than one pit bull unlawful, the city had a complete pit bull ban that prohibited the keeping, harboring, or owning a pit bull dog, including Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or any dog that has the appearance and characteristics of being one of those breeds. Now, unless the city enacts another ordinance related to pit bulls, the ban has ended. | Local Ordinance |