Results
Displaying 81 - 90 of 6754
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Iowa Pork Producers Association v. Bonta | Slip Copy, 2022 WL 613736 (C.D. Cal. Feb. 28, 2022) | The Iowa Pork Producers Association, an organization that represents Iowa-based industrial pig farmers, filed a lawsuit in federal district court alleging that California’s Proposition 12 is unconstitutional. Proposition 12, a ballot measure that California voters passed in 2018, mandates that pregnant pigs must be housed with a certain amount of space in order for products made from such livestock to be sold in California. Proposition 12 also bans the sale of pork meat from producers that do not comply with the housing requirements, including sales from out of state producers. Plaintiff contended that Proposition 12 violates the dormant commerce clause in that it discriminates against interstate commerce, directly regulates extraterritorial conduct, and that even if it regulates evenhandedly to effectuate a legitimate local public interest, the burden imposed on commerce is clearly excessive in relation to the putative local benefits. The court looked to the purpose of Proposition 12, which is intended to prevent animal cruelty by phasing out extreme methods of farm animal confinement, which also threaten the health and safety of California consumers, and increase the risk of foodborne illness and associated negative fiscal impacts on the state of California. The court found that this purpose is not discriminatory, and that there is no hint of economic protectionism. The court also found that there is no discriminatory effect, as the statute treats all producers the same by imposing the same requirements. The court also denied the extraterritoriality claim because Proposition 12 is not a price control or price affirmation statute and, therefore, does not directly regulate extraterritorial economic conduct. The court also found that the burden imposed on commerce was not clearly excessive in relation to the putative local benefits. The court’s precedent states that even if producers will need to adopt a more costly method of production to comply with Proposition 12, such increased costs do not constitute a substantial burden on interstate commerce, and higher costs to consumers do not qualify as a substantial burden on interstate commerce. The district court dismissed the case, holding that plaintiffs failed to raise serious questions as to the merits of the claims. | Case | |
| Utah Animal Rights Coalition v. Salt Lake County | 566 F.3d 1236 (C.A.10 (Utah),2009) |
The plaintiffs-appellants (Utah Animal Rights Coalition (UARC) and five individuals) filed this 42 U.S.C. § 1983 claim for alleged violations of their First Amendment rights to free speech and to peaceably assemble after the individual plaintiffs attempted to protest a circus in South Jordan, Utah. The district court entered summary judgment against the plaintiffs. On appeal, this court held that, without a showing of harm, the UARC did not meet its burden to demonstrate an injury in fact. The court did find that the individuals properly pleaded harm to establish standing. With regard to the § 1983 action, this court ruled that the district court correctly determined that county officials were entitled to judgment as a matter of law. |
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| Midcoast Fishermen's Ass'n v. Gutierrez | 592 F.Supp.2d 40 (D.D.C.,2008) | 2008 WL 5401534 (D.D.C.) | Plaintiffs filed suit seeking review of the Department of Commerce’s (the “Agency”) decision to deny their petition for emergency action to address continued overfishing in the Northeastern multispecies fisheries by excluding midwater trawl vessels from groundfish closed areas. After the administrative record was filed, and the Agency certified that it was the administrative record for the decision, Plaintiffs moved to compel completion of the administrative record. The United States District Court, District of Columbia denied Plaintiffs’ motion, finding that Plaintiffs failed to show that the Agency blatantly ignored specific readily available information, the fact that the Agency based its decision on data from a two year chronological time span did not render the record incomplete, supplementing the record with bycatch data from an earlier time period would not provide any background information useful to the resolution of the case, and that the record contained sufficient information to allow the Court to determine what process the Agency followed in making its decision. | Case |
| LA - Equine Activity Liability - § 2795.1. Limitation of liability of farm animal activity | LSA-R.S. 9:2795.1 - 9:2795.3 | The Louisiana law regarding equine activity liability is divided into two sections; one related to "farm animal activity" and one specific to "equine activity sponsors." Both statutes have identical terms, save for the animal to which the statute pertains. Under both, engaging in the farm animal or equine activity does not include being a spectator at a farm animal activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the farm animal or equine activity. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law and any written contracts must include the statutory language provided. Failure to comply with the requirements concerning warning notices provided prevents a farm animal activity sponsor or equine sponsor from invoking the privilege of immunity provided by this section. | Statute | |
| DE - Wildlife - Chapter 1. Protected Wildlife | 7 Del.C. § 101 - 204 | DE ST TI 7 § 101 - § 204 | These statutes comprise Delaware's protected wildlife provisions. The section outlines the powers and duties of the Department of Fish and Wildlife as well as how funds derived from fishing and hunting licenses may be used. The code also explains the procedure private parties may take when protected wildlife injures crops. | Statute |
| Vill. of Orion v. Hardi | 2022 IL App (4th) 220186 | 2022 WL 17256761 (Ill.App. 4 Dist., 2022) | The plaintiff, the Village of Orion (Village), sued defendants, Patricia A. Hardi and Michael Larson, to enjoin them from keeping more than three cats in violation of a Village ordinance. After a dismissal and amended complaint by the Village, the trial court granted defendants' amended motion to dismiss, finding that the Village had previously voted to allow defendants to keep more than three cats. Here, the Village appeals this decision. By way of background, the defendants lived together in the Village since 1998, and one defendant served as the animal control officer for about 15 years. In 2013, the Village enacted an ordinance making it unlawful to keep more than three dogs or cats over the age of six months (except for licensed kennels or veterinarian clinics). At a Village board meeting in 2014, the minutes revealed that members of the board agreed to allow defendants to keep the dogs ad cats to live out their natural lifetimes. However, in 2017, the Board served a "notice to abate nuisance" for keeping more than three cats or dogs. This was followed by a complaint filed by the Village against defendants. In 2018, defendants filed a motion to dismiss alleging the three-cat limit was arbitrary and was "superseded" by a criminal action where one defendant pleaded guilty to animal cruelty, but was allowed to keep 10 cats. The trial court's order found that the Board's language at the 2014 meeting revealed "unambiguous" language that defendants could keep the cats in their possession. After remand, the Village filed its second amended complaint in 2022 and defendants against filed a motion to dismiss. After a hearing with testimony from Board members and others, the trial court found there was a motion to allow the keeping of the excess cats and this negated the ability of the Village to proceed with an ordinance violation. On appeal here, this court finds the 2014 board minutes are insufficient to support a motion to dismiss. The submission of the board minutes together with and a defense witness, followed by the Village's presentation of another board member's testimony to refute that, amounted to the court "improperly allow[ing] the parties to conduct a mini-trial on the veracity of the essential allegations of the complaint." The motion was used to attack the factual basis of the claim. Thus, the trial court's order granting the dismissal was reversed and the matter was remanded. | Case |
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| South Africa - Protected Areas Act - National Environmental Management | No. 57 of 2003: National Environmental Management: Protected Areas Act, 2003. | This act is to provide for the protection and conservation of ecologically viable areas representative of South Africa’s biological diversity and its natural landscapes and seascapes; for the establishment of a national register of all national, provincial and local protected areas; for the management of those areas in accordance with national norms and standards; for intergovernmental co-operation and public consultation in matters concerning protected areas; and for matters in connection therewith. | Statute | |
| 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. |
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