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Title Citation Alternate Citation Agency Citation Summary Type
Prior Animal Law Cases of the Month This page provides past cases highlighted on the front page of the website as recent cases. The month and year of publication are listed. Short summaries and links to the cases are provided. Basic page
Research Collection

Animal Legal & Historical Web Center

Research Collection

Policy
Turtle Island Restoration Project v. U.S. Department of Commerce 438 F.3d 937 (9th Cir. 2006)

Environmental Groups sued the National Fisheries Service (NMFS) and the United States Department of Commerce for making regulations which allowed swordfish longline fishing along the Hawaii coast, alleging violations of the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act (MBTA), and the Endangered Species Act (ESA). The Court found that because the regulations were made under the Magnuson-Stevens Fishery Conservation and Management Act of 1976 (Magnuson Act), and because that Act had a 30-day time limit for when challenges to regulations could be made, the environmental groups has not brought their challenge to the regulations in time.

Case
Club Gallistico de Puerto Rico Inc. v. United States --- F.Supp.3d ----, 2019 WL 5566322 (D.P.R. Oct. 28, 2019) Club Gallistico de Puerto Rico, Inc. (Club Gallistico) and the Asociacion Cultural y Deportiva del Gallo Fino de Pelea (Asociacion Cultural) both filed civil complaints against the United States Government. The complaints alleged that the Section 12616 amendments to the Animal Welfare Act (AWA) violated bedrock principles of federalism and rights protected under the United States Constitution. Both Club Gallistico and Asociacion Cultural are both non-profit organizations involved in the Commonwealth of Puerto Rico’s cockfighting industry. The amendments to the AWA outlawed all animal fighting ventures in which animals were moved in interstate or foreign commerce in every United States jurisdiction. These amendments extended the ban to United States territories which the Plaintiffs argued the United States did not have the authority to do. Both cases were consolidated and heard by the District Court. The Court analyzed the amendments under the Federalism doctrine, the Commerce Clause, and the Territorial Clause. Extending the ban on live-bird fighting did not violate either of the three. Further, the amendments did not violate the Tenth Amendment to the United States Constitution or any other constitutional rights such as free speech or due process. The Court ultimately denied the Plaintiffs’ Motion for Summary Judgment and Granted Defendant United States’ Cross-Motion for Summary Judgment. 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
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
Green v. Housing Authority of Clackamas County 994 F.Supp. 1253 (D. Oregon, 1998) Plaintiffs were tenants of a county housing authority and alleged that the housing authority violated the Americans with Disabilities Act, the Federal Fair Housing Amendments Act, and Section 504 of the Rehabilitation Act, by failing to reasonably accommodate their request for a waiver of a "no pets" policy to allow for a hearing assistance animal in the rental unit to reasonably accommodate a hearing disability. The housing authority argued that the dog was not a reasonable accommodation for the tenant's specific disability because the dog was not certified as a hearing assistance animal. The court granted plaintiff's motion for summary judgment, holding that the housing authority violated the federal statutes when it required proof from the tenants that the dog had received hearing assistance training. Case
State v. Morison 365 P.2d 266 (Colo.1961) 148 Colo. 79 (1961)

Cattle owners sued the state and its agricultural commission for negligently performing the duty to use proper steps to prevent the spread of a contagious disease after they bought dairy cows at a sale that subsequently infected their herd. The owners were forced to sell their herd of dairy cows. The Supreme Court held that the owners could recover the difference between fair market value of their herd before and after it contracted the disease, loss of profits due to diminished milk production from cows before sale, value of silage or feed that had been contaminated, and reasonable costs of disinfecting the farm, but not for loss of profits for the dairy operation after they sold the cows, or loss of progeny.

Case
US - Wolf - Endangered and Threatened Wildlife and Plants: Removing the Eastern Distinct Population Segment (DPS) of the Gray Wo RIN 1018-AJ03

The U.S. Fish and Wildlife Service (Service) announces that we will hold one additional public hearing on the proposed rule to remove the Eastern Distinct Population Segment of the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife established under the Endangered Species Act of 1973, as amended. In a notice made in the Federal Register on August 13, 2004 (69 FR 50147), we announced the locations for nine other public hearing previously scheduled.

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