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Title Citation Alternate Citation Summary Type
CT - Vehicle - § 14-272b. Transport of dogs in pick-up trucks. Restrictions C. G. S. A. § 14-272b CT ST § 14-272b This Connecticut law prohibits any person from transporting a dog in the open bed of a pick-up truck unless the dog is secured in a cage or other container to prevent it from jumping out of the truck. Statute
UK - Cruelty - Protection of Animals Act 1911 1911 Ch 27

For historical purposes only. Law has been repealed and/or replaced. The main piece of anti-cruelty legislation applicable to England and Wales. The law was replaced by the 2006 Amendments to this Act.

Statute
Bartlett v. State 929 So.2d 1125, (Fla.App. 4 Dist.,2006) 2006 WL 1409122 (Fla.App. 4 Dist.,2006), 31 Fla. L. Weekly D1449

In this Florida case, the court held that the evidence was sufficient to support a conviction for felony cruelty to animals after the defendant shot an opossum "countless" times with a BB gun after the animal had left defendant's home. As a result, the animal had to be euthanized. The court wrote separately to observe that the felony cruelty section (828.12) as written creates a potential tension between conduct criminalized by the statute and the lawful pursuit of hunting. The commission of an act that causes a "cruel death" in Section 828.12 applies to even the unintended consequence of a lawful act like hunting.

Case
Moser v. Pennsylvania Soc. for Prevention of Cruelty to Animals Slip Copy, 2012 WL 4932046 (E.D. Penn.)

After the defendants confiscated mare without a warrant and required that the plaintiff surrender another mare and a few other animals in order to avoid prosecution, the plaintiffs sued the defendants for violating the U.S. Constitution, the U.S. Civil Rights Act and Pennsylvania statutory and common law. However, the plaintiffs lost when the district court granted the defendants motion for summary judgment on all counts.

Case
Indiana v. Massachusetts 202 L. Ed. 2d 564, 139 S. Ct. 859 (2019) 139 S.Ct. 859 (Mem) (U.S.,2019) A coalition of multiple states filed a lawsuit against Massachusetts in the U.S. Supreme Court. Thirteen states, Indiana, Alabama, Arkansas, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin, filed suit against the state of Massachusetts in response to the animal welfare laws created by Massachusetts Question 3. The states claimed to have direct standing to challenge the Massachusetts law because state agencies and instrumentalities own and operate farms that are subject to the Massachusetts law and wish to continue to sell products to other states, including Massachusetts. The states also claimed parens patriae standing on behalf of farmers and consumers within their borders that would be affected by the Massachusetts law. The plaintiff states filed suit in the U.S. Supreme Court requesting that the Court declare the Massachusetts law unconstitutional. The Court denied the motion for leave to file a bill of complaint because hearing the case would not be an appropriate use of the Court’s original jurisdiction. The Court stated that, in order to resolve plaintiff’s challenge and address the issues of standing and the merits of the case, the Court would need to resolve complex factual disputes. The Court reasoned that such disputes are better suited to resolution in federal district court, not the U.S. Supreme Court. Case
Derecho Animal Volume 12 Núm 2

Vol. 12 Núm. 2 (2021)

 

Tabla de contenidos

número de página

Editorial

 

Estatuto jurídico de los animales en el Código civil.

Policy
IL - Exotic pets - Act 68. Herptiles-Herps Act 510 ILCS 68/1-1 to 510 ILCS 68/110–5 IL ST CH 510 § 68/1-1 to IL ST CH 510 § 68/110–5 Under the Herptiles-Herps Act reptiles and amphibians are exempt from the definition of “aquatic life” under the Fish and Aquatic Life Code. All rules and enforcement actions under the Illinois Conservation Law and the dangerous animals statutes related to reptiles and amphibians are now covered exclusively by this Act. Statute
CA - Reptiles & Amphibians - Division 5. Protected Reptiles and Amphibians West's Ann. Cal. Fish & G. Code § 5000 - 5062 CA FISH & G § 5000 - 5062 These sections are the California statutes that specifically protect certain reptiles and amphibians. The sections enumerate the protected species and strictly prohibit taking and possession, with a narrow exception that may be granted by permit to an educational or scientific institution or a public zoological garden. Statute
AU - Wildlife - Nature Conservation Act 2002 (TAS) Nature Conservation Act 2002 No. 63 of 2002 31.12.2002

An Act to make provision with respect to the conservation and protection of the fauna, flora and geological diversity of the State,   to provide for the declaration of national parks and other reserved   land and for related purposes.

Statute
IN RE: MICHEAL McCALL AND KATHY McCALL 52 Agric. Dec. 986 (1993) 1993 WL 459890 (U.S.D.A.) This opinion held that the USDA may impose sanctions even if respondent dealer is not licensed. Respondents were operators of kennel facilities in Washington, Kansas, and in nearby Reynolds, Nebraska. In 1991 and 1992, Respondents each applied for dealer's licenses under the Act and both were denied. The Judicial Officer affirmed that part of the Order by Judge Bernstein (ALJ) assessing civil penalties of $7,500, and ordering Respondents to cease and desist from engaging in any activity for which a license is required without being licensed, and failing to maintain their facilities in accordance with the regulations and standards involving housing, shelter, veterinary care, records, sanitation, cleaning, food, and water. However, the Judicial Officer increased from 1 year to 10 years the period in which Respondents are disqualified from becoming licensed under the Act and regulations. Case

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