Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| CA - Endangered Species - CHAPTER 1.5. ENDANGERED SPECIES | West's Ann. Cal. Fish & G. Code § 2050 - 2115.5 | CA FISH & G § 2050 - 2115.5 | The California Fish and Game Code considers that endangered and threatened species are of ecological, educational, historical, recreational, esthetic, economic, and scientific value to the people of the State of California. The State of California has legislation that allows the state to protect endangered and threatened species by acquiring land for these species to protect, restore and enhance the habitat of these species. Section 2080 prohibits the importing, taking, exporting, possessing, purchasing, or selling, any species, or any part or product thereof that is endangered or threatened. | Statute | |
| New York Revised Statutes 1867: Chapter 375: Sections 1-10 | N.Y. Rev. Stat. ch. 375, §§ 1-10 (1867) | Chapter 375, entitled "An act for the more effectual prevention of animal cruelty," concerns New York's law on animal treatment for 1867. | Statute | ||
| CA - Impound - § 597e. Domestic animals; impounding without sufficient food or water; | West's Ann. Cal. Penal Code § 597e | CA PENAL § 597e | This statute requires anyone who impounds an animal to supply the animal with sufficient food and water. It also states that if an animal is not provided with food and water, a person may enter the pound where the animal is being held, and provide it with food and water without being liable for the entry. | Statute | |
| Canada - New Brunswick Statutes - Society for the Prevention of Cruelty to Animals Act | R.S.N.B. 1973, c. S-12, s. 0.1 - 32(2) | This set of laws establishes the New Brunswick Society for the Prevention of Cruelty. Under the Act, the Minister may appoint an officer, agent or employee of the society or any other person to be an animal protection officer who shall attend to the enforcement of this Act. Where an animal has been seized under this Act, the animal protection officer shall within 3 business days notify the owner or make reasonable attempts to identify and notify the owner. A person who has ownership, possession or the care and control of an animal shall provide the animal with food, water, shelter and care in accordance with the regulations. | Statute | ||
| Center for Biological Diversity v. Kempthorne | Slip Copy, 2008 WL 4543043 (N.D.Cal.) | (only the Westlaw cite is available) |
In an action alleging multiple violations of the Endangered Species Act (ESA), the Administrative Procedures Act (APA), and the National Environmental Policy Act (NEPA) pursuant to Defendants’ final rule designating the polar bear as threatened and promulgation of a special rule under section 4(d) of the ESA, Defendants Kempthorne and the United States Fish and Wildlife Service brought a motion to transfer the case to the United States District Court for the District of Columbia, Intervenor-Defendant Arctic Slope Regional Corporation brought a separate motion to transfer the case to the District of Alaska, and Intervenor-Defendant Alaska Oil and Gas Association filed a motion with the Judicial Panel on Multidistrict Litigation (MDL Panel) seeking to transfer the case to the D.C. District Court . The United States District Court, N.D. California denied the motion to transfer the case to the District of Alaska, and decided to take the motion to transfer to the District of Columbia into submission and rule on it once the MDL Panel has issued its decision on whether to transfer the case to the District of Columbia. |
Case | |
| In the Matter of: Darcy Lynn Shawyer | 1980 NOAA LEXIS 2 | 2 O.R.W. 301 (1980) |
This case is a civil penalty proceeding under the MMPA for the unlawful importation of eight bottlenose porpoises into the United States. In this case, the court found that specific intent is not required for importation under the MMPA. The court found that the route taken over the United States, the requirement to land for customs clearance purposes, or weather conditions was known or should have been foreseeable to all parties. |
Case | |
| Whiteaker v. City of Southgate | 651 F. Supp. 3d 893 (E.D. Mich. 2023) | 2023 WL 317457 (E.D. Mich. Jan. 19, 2023) | The plaintiff (“Whiteaker”) filed this action against Defendant, the City of Southgate, Michigan for violations of the Fair Housing Act (“FHA”) and Michigan's Persons with Disabilities Civil Rights Act (“PDCRA”). Specifically, Whiteaker contends that the City violated the FHA by denying Whiteaker's request for an exemption from City Ordinance 610.13, which prohibits City residents from maintaining chickens (or other typical farm animals) on their property. The events underlying this action began after Whiteaker moved to Southgate in early March 2021. On March 24, 2021, Whiteaker was issued a citation by the City for a violation of Ordinance 610.13. Whiteaker appeared in district court to defend himself, claiming he had a right to keep the chickens under Michigan's Right to Farm Act. However, it turned out the Right to Farm law was inapplicable because Whiteaker's chicken coop was within 250 feet of a dwelling. Thus, Whiteaker was issued a second citation in May and was denied a permit to keep the chickens by the city. Since Whiteaker was a longtime sufferer of depression and anxiety, he sought a waiver from the ordinance as a reasonable accommodation for his disability and presented a letter from his mental health provider as support. Again, his request was denied by the City. In the instant motion for summary judgement by the City, the court examined the "reasonableness" of Whiteaker's request for a reasonable accommodation under the FHA. The court found that the balancing test required under the FHA, to wit, weighing Whiteaker's disability-related need to keep the chickens as a source of comfort and support against the City's claims that the chickens pose a threat to public health, is a triable issue of fact. Indeed, the court observed that the City's citation of documentation from the CDC only lists the "potential dangers" chickens can pose to public health without sufficient evidence to supports its claim that the chickens will burden the City financially and administratively. In contrast, Whiteaker claims a disability and has provided evidence of his disability. Likewise, as to the remaining elements of necessity and equal opportunity for a reasonable accommodation claim, the court again cites Whiteaker's evidentiary support for his claim of disability and need for the chickens to alleviate those symptoms against the fact the City has not presented any testimony, affidavits, or "evidence of any kind" to support its claim. Thus, the court denied the motion for summary judgment. | Case | |
| MI - Cruelty - 752.91. Sale of dyed or artificially colored baby chicks, rabbits or ducklings | M. C. L. A. 752.91 - 92 | MI ST 752.91 - 92 | This law makes it unlawful for any person, firm or corporation to sell, or offer for sale, any baby chicks, rabbits, ducklings, or other fowl or game which have been dyed or otherwise artificially colored. Violation is a misdemeanor. | Statute | |
| European Union - Farming - Protection of Laying Hens | Official Journal L 203, 3 August 1999, pp. 53–57 | COUNCIL DIRECTIVE 1999/74/EC | This Directive establishes minimum standards for the protection of laying hens, particularly in respect to the equipment, drinking and feeding conditions, and facilities where the hens are kept. It does not apply to establishments with fewer than 350 laying hens, nor to establishments rearing breeding laying hens. It only applies to hens of the species Gallus gallus which have reached laying maturity and are kept for production of eggs not intended for hatching. | Administrative | |
| Convention on International Trade in Endangered Species | 27 U.S.T. 1087 |
CITES is a mature international treaty which, as of the Fall of 2002, has over 150 countries as members. The purpose of the treaty is to control the international movement of listed wild plants and animals, alive or dead, whole or parts there of ("specimens" of species) in such a manner as to be assured that the pressures of international trade do not contribute to the endangerment of the listed species. States must issue permits for international movement of listed species. |
Treaty |