Results

Displaying 5921 - 5930 of 6638
Title Citation Alternate Citation Agency Citation Summary Type
CO - Farming - Article 50.5. Confinement of Calves Raised for Veal and Pregnant Sows C. R. S. A. § 35-50.5-101 to 103 CO ST § 35-50.5-101 to 103 This 2008 Colorado statute applies to the confinement of calves raised for veal and pigs during pregnancy. This statute provides that calves raised for veal and sows during pregnancy must be able to lie down, stand up, and turn around without touching the sides of their enclosure. Statute
In Defense of Animals v. Salazar 675 F.Supp.2d 89 (D.D.C., 2009) 2009 WL 4981172 (D.D.C.) In this case, the Plaintiffs, In Defense of Animals, Craig C. Downer, and Terri Farley, attempted to obtain a preliminary injunction that would stop the defendants, Secretary of the Interior Ken Salazar and representatives of the Interior Department's Bureau of Land Management (“the Bureau”), from implementing a plan to capture or gather approximately 2,700 wild horses located in western Nevada (“gather plan”).   The plaintiffs contended that the gather plan had to be set aside pursuant to the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq., because the Bureau did not have the statutory authority to carry out the gather plan, and because the plan did not comply with the terms of the Wild Free-Roaming Horses and Burros Act (“Wild Horse Act”), 16 U.S.C. §§ 1331 et seq.   The Court denied the Plaintiffs request for an injunction.   Case
Auster v. Norwalk United Methodist Church 894 A.2d 329 (Conn.App., 2006) 94 Conn.App. 617, 2006 WL 797892 (Conn.App.)

The plaintiff, Virginia Auster, brought this action pursuant to General Statutes § 22-357FN1 to recover damages for personal injuries alleged to have been caused by the dog of an employee of the defendant, Norwalk United Methodist Church.  Ms. Auster was a visitor who was on the premises to attend a meeting in the parish house when she was bitten by dog of church employee, who lived in an apartment in the parish house.  After a jury trial, the verdict was returned in favor of the plaintiff, and the defendant appealed.  (See summary judgment appeal, 2004 WL 423189).  The Appellate Court held that church was not a “keeper” of the church employee's dog for purposes of statute which imposed strict liability on the keeper of any dog that did damage to the body or property of any person.  The court reversed the judgment and remanded the action for a new trial on the issue of common-law negligence

Case
Shotts v. City of Madison 170 So. 3d 554 (Miss. Ct. App. 2014) 2014 WL 4347582 (Miss. Ct. App., 2014) Defendant was charged with animal cruelty after burning his girlfriend's dog while giving it a bath. He said it was an accident. There were no other witnesses, and the attending veterinarian testified that the dog's injuries were consistent with defendant's account. Defendant was nevertheless convicted after the county court suggested he could be guilty of animal cruelty if he had “carelessly” hurt the dog. Instead, the appeals court found the lower court applied the wrong legal standard. The 2011 animal cruelty statute, since repealed, that applied in this case required proof beyond a reasonable doubt that defendant acted maliciously. Since the prosecution failed to meet that burden, the Mississippi Court of Appeals reversed and rendered the defendant's conviction. Justice James dissents finding that there was sufficient evidence to support the conviction. Case
Friends of Blackwater v. Salazar 691 F.3d 428 (D.C. Cir. 2012) 2012 WL 3538236 (D.C. Cir. 2012)

In 1985, after scientists had found only 10 living squirrels, the Virginia northern flying squirrel was listed as endangered under the ESA. In 2006, after scientists had captured 1,063 squirrels, the FWS went through the procedure to delist the squirrel. Friends of Blackwater filed a complaint against the Secretary of Interior in district court, challenging the Secretary's rule to delist the squirrel. Subsequently, the Secretary of Interior appealed the district court's grant of summary judgment. The D.C. circuit court of appeals reversed the district court's decision, holding that the Secretary's determination the West Virginia Northern Flying Squirrel was no longer endangered was neither arbitrary and capricious nor in violation of the Act.

Case
Código Penal para el Estado Libre y Soberano de Tlaxcala Código Penal de Tlaxcala In 2022, Decreto No. 160 modified the Criminal Code by adding Title XX, “Of the Crimes Committed Against Animals.” It has only one title: “Crimes Against the Life, Integrity, and Dignity of Animals,” which comprises articles 435, 436, 437, 438, 439, 440, 441, and 442. Article 435 deals with acts of mistreatment and animal cruelty. Statute
ID - Dangerous Dogs running at large - Chapter 28. Dogs. I.C. § 25-2805 ID ST § 25-2805 This Idaho statute provides that any person who lets his or her dog run at large after a complaint has been made to the sheriff shall be guilty of an infraction punishable as provided in section 18-113A, Idaho Code. Any person who lets his or her dog physically attack someone when not provoked shall be guilty of a misdemeanor in addition to any liability as provided in section 25-2806, Idaho Code. For a second or subsequent violation of this subsection, the court may, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog. Statute
CA - Slaughter - § 598b. Animals commonly kept as pets or companions; use as food; violation; exceptions West's Ann. Cal. Penal Code § 598b CA PENAL § 598b This statute makes it a misdemeanor to possess, import into, or export from, California, sell, buy, give away, or accept any carcass of any animal commonly kept as a pet with the intent of using any part of that carcass for food. It is also a misdemeanor to possess, import, export, buy, sell, give away or accept a common pet animal with the intent of killing it for food. Statute
US - Dogs at Large - Chapter X. Presidio Trust. Part 1002. Resource Protection, Public Use and Recreation. § 1002.15 Pets. 63 FR 35697, June 30, 1998 36 C.F.R. § 1002.15 This rule sets outs the prohibitions for pets in the Presidio Trust. Administrative
U.S. v. CITGO Petroleum Corp. 801 F.3d 477 (5th Cir. 2015) 2015 WL 5201185 (5th Cir., 2015) CITGO was convicted of multiple violations of the Clean Air Act and its regulations, and the Migratory Bird Treaty Act of 1918 (“MBTA”). CITGO urged the 5th Circuit to reverse the Clean Air Act convictions because the district court erroneously instructed the jury about the scope of a regulation concerning “oil-water separators.” CITGO also contended that the MBTA convictions were infirm because the district court misinterpreted the statute as covering unintentional bird kills. The 5th Circuit agreed with both contentions, holding that CITGO's equalization tanks and air floatation device were not oil-water separators under the Clean Air Act's regulations and that “taking” migratory birds involved only “conduct intentionally directed at birds, such as hunting and trapping, not commercial activity that unintentionally and indirectly caused migratory bird deaths. The district court’s decision was reversed and remanded with instructions. Case

Pages