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Displaying 5861 - 5870 of 6637
Title Citation Alternate Citation Summary Type
Rosenfeld v. Zoning Bd. of Appeals of Mendon 940 N.E.2d 891 (Ma. App., 2011) 78 Mass.App.Ct. 677 (2011); 2011 WL 242734 (Ma. App., 2011)

A zoning board granted landowner’s application for a special permit, and neighbor property owners appealed. The Appeals Court of Massachusetts held that defendant’s proposed use of land for horse stables fit within the agricultural use exception of the zoning ordinance and by-laws, and that plaintiffs had standing to enforce a deed restriction on defendant’s property.

Case
Protect our Communities Foundation v. Salazar 2013 WL 5947137 (Only the Westlaw citation is currently available.) The Protect Our Communities Foundation filed a complaint challenging the United States Department of the Interior's approval of the Record of Decision approving a utility-scale wind power project arguing that it violated the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and the Migratory Bird Treaty Act (MBTA). But the Court held that the Department discussed reasonable alternatives, that the Decision was not an arbitrary, capricious or an abuse of discretion, and that the plaintiffs failed to demonstrate that a permit was required under the MBTA for an unintentional killing of migratory birds. Case
In re: DAVID M. ZIMMERMAN 56 Agric. Dec. 433 (1997) 1997 WL 327152 (U.S.D.A.) Purpose of sanctions is to deter respondent, as well as others, from committing same or similar violations. Case
WA - Eagle - 77.12.650. Protection of bald eagles and their habitats--Cooperation required West's RCWA 77.12.650, West's RCWA 77.12.655 WA ST 77.12.650, WA ST 77.12.655 This outlines the rules and cooperative agreements mandated for the protection of eagles and their habitats in the state of Washington to prevent the eagle from becoming endangered or threatened.  The administrative rules further describe the partners involved, which include private landowners, and the delineations of habitat buffer zones to protect roosting sites. Statute
TX - Forth Worth - Chapter 6. Animals and Fowl. Sec. 6.1 to 6.86

The following comprises Fort Worth, Texas' animal-related ordinances. A person commits an offense if the person owns, keeps, harbors, or has custody of any female dog or cat over 6 months or of any male dog or cat over 8 months of age that is unaltered unless such person has a valid intact pet permit. Another section makes it unlawful to interfere with an animal care and control officer while engaged in the performance of his or her duties. The city outlines sanitation standards for animals kept by owners and limits the number of dogs and cats one may keep to 3 of each species. In addition, the city declares that a person who keeps a dangerous animal (as defined) other than a dog as commits a public nuisance, and outlines specific registration and enclosure requirements for dangerous animals. A subsequent section describes the dangerous dog provisions. In addition to registration, licensing, rabies vaccination, and impoundment provisions, the city has some interesting ordinances related to the keeping of miniature swine, unlawful acts of docking and cropping, and the procedure for picking up of dead animals by the city.

Local Ordinance
Ranwez v. Roberts 601 S.E.2d 449 (Ga. 2004) 268 Ga.App. 80 (Ga. 2004)

Plaintiff brought claims against her tenant neighbor and the property owner after she was viciously attacked by her tenant neighbor's four pit bulls.  The trial court granted summary judgment in favor of the property owner.  The Court of Appeals affirmed the decision holding the property owner was an out-of -possession landlord.

Case
Kootenai Tribe of Idaho v. Veneman 313 F.3d 1904 (9th Cir. 2002) 55 ERC 2051, 54 Fed.R.Serv.3d 526, 2 Cal. Daily Op. Serv. 11,915,

In 1999, President Clinton ordered the Forest Service ("FS") to initiate a nationwide plan to protect inventoried and uninventoried roadless areas in national forests, which eventually became termed the "Roadless Rule" (after extensive study was conducted in the 1970's).  The Kootenai Tribe, several livestock and recreational groups, and other plaintiffs filed suit contending that the Roadless Rule violated the Administrative Procedure Act (APA) and the National Environmental Policy Act (NEPA), claiming the rule would prevent access to national forests for proper purposes (e.g., fighting wildfires and threats from insects or disease).  On appeal of the grant of preliminary injunction, the Court held the Forest Service complied with the APA and NEPA in implementing the roadless rule, the court noted the extensive public notification process as well as the impact statements, which considered a full range of reasonable alternatives.  The court held that the district court erred in finding a strong likelihood that the Forest Service violated NEPA, as there was only minimal showing of irreparable harm ("restrictions on human intervention are not usually irreparable in the sense required for injunctive relief"). 

Case
TX - Wildlife - Subchapter H. Permits to Control Wildlife Protected by This Code. V. T. C. A., Parks & Wildlife Code § 43.151 - 158 TX PARKS & WILD §§ 43.151 - 158 This statute allows an individual to apply to a local municipality to receive a permit to destroy wildlife that is posing a serious risk to agricultural interests or public safety. This provision relates to a section that disallows the killing of eagles save for this exception. Statute
Citizens to End Animal Suffering and Exploitation v. The New England Aquarium 836 F. Supp. 45 (1993)

The primary issue addressed by the court was whether a dolphin, named Kama, had standing under the MMPA. The court found the MMPA does not authorize suits brought by animals; it only authorizes suits brought by persons. The court would not impute to Congress or the President the intention to provide standing to a marine mammal without a clear statement in the statute.

Case
VA - Education - § 22.1-200.01. Alternatives to animal dissection VA Code Ann. § 22.1-200.01 VA ST § 22.1-200.01 This Virginia law states that local school divisions shall provide students with alternatives to animal dissection techniques. The Board of Education shall establish guidelines to be implemented by local school divisions regarding such alternative dissection techniques. In addition, those guidelines must provide notification to students and parents of the option to decline participation in animal dissection. Statute

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