Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Coos County Board of County Com'rs v. Kempthorne | 531 F.3d 792 (9th Cir., 2008) | 08 Cal. Daily Op. Serv. 7939, 2008 WL 2522202 (C.A.9 (Or.)) | The issue here is whether FWS has an enforceable duty promptly to withdraw a threatened species from the protections of the ESA after a five-year agency review mandated by the Act found that the species does not fit into a protected population category. The species at issue here are murrelets-small, dove-sized birds that feed primarily on sea life and nest in coastal mature and old-growth forests. This Court concluded that Coos County has not alleged a failure to perform a nondiscretionary act or duty imposed by the ESA, whether premised on the petition process deadlines or on the agency's more general duty to act on its own determinations. | Case | |
| Argentina - Environmental - Ley 25.335, 2000 | Ley 25.335 | This Ley approved the amendments to the Convention on Wetlands of International Importance especially the Waterbird Habitat, Ramsar 1971, adopted by the Extraordinary Conference of the Contracting Parties in the city of Regina, Canada. It also approved the ordered text of the Convention on Wetlands. | Statute | ||
| AL - Cruelty - Alabama Consolidated Cruelty Statutes | Ala. Code 1975 § 13A-11-14 - 16; § 13A-11-240 to 247; § 13A–11–260 to 264; § 13A-12-4 - 6; § 3-1-8 to 29; § 2-15-110 to 114 | AL ST § 13A-11-14 to 16; § 13A-11-240 to 247; § 13A–11–260 to 264; § 13A-12-4 - 6; § 3-1-8 to 29; § 2-15-110 to 114 | These Alabama provisions contain the state's anti-cruelty laws. The first section (under Article 1 of Chapter 11) provides that a person commits a Class A misdemeanor if he or she subjects any animal to cruel mistreatment, neglect (as long as he or she has custody of the animal), or kills or injures without good cause any animal belonging to another. However, if any person intentionally or knowingly violates Section 13A-11-14, and the act of cruelty or neglect involved the infliction of torture to the animal, that person has committed an act of aggravated cruelty and is guilty of a Class C felony. The next section (Article 11 of Chapter 11 entitled, "Cruelty to Cats and Dogs"), provides that a person commits the crime of cruelty to a dog or cat in the first degree if he or she intentionally tortures any dog or cat or skins a domestic dog or cat or offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a dog or cat in the first degree is a Class C felony. | Statute | |
| Robert Zauper, Plaintiff v. Michael Lababit and Jane Doe Lababit, and the marital community comprised thereof; and Does 1-10, De |
This Kitsap County, Washington judgment summary, findings of fact, and conclusions of law found defendants liable for five claims including simple negligence, strict liability, private nuisance, public nuisance, and gross negligence. In the award of damages, plaintiff received a total judgment in the amount of $75,501.09, which included $50,000 for intrinsic value and $25,000 for emotional distress. |
Pleading | |||
| Shively v. Dye Creek Cattle Co. | 35 Cal.Rptr.2d 238 (Cal.App.3.Dist.) | 29 Cal.App.4th 1620 (Cal.App.3.Dist.) |
This California case concerned a personal injury action arising from a collision between the plaintiff's car and defendant's black Angus bull, which was lying on the highway at night. The trial court granted the defendant's motion for summary judgment. In reversing this decision, the Court of Appeal held that the open range law does not itself define the duty owners of cattle owe nor does it exempt them from the duty of ordinary care. |
Case | |
| Colombia - Cruelty - LEY 84, 1989, Statue of Animal Protection | LEY 84, 1989 | Ley 84 is the National Statute of Animal Protection in Colombia. Ley 84 establishes the general duties of humans towards animals. Among these duties includes the duty to provide animals with enough food, water and medicine to guarantee their well-being; the duty to provide animals with appropriate space so they can move adequately; and the duty to provide appropriate shelter. Article 7 contains the exceptions to the duty to protect animals, meaning that the practices listed in this section are legal under the current legal system even though they might be inherently cruel. These exceptions correspond to the different variations and forms of bullfighting rejoneo, coleo, las corridas de toros, novilladas, corralejas, becerradas y tientas, and cockfighting. Ley 84 also regulates the slaughter of animals for non-consumption, animals in experiments and research, animal transportation, as well as hunting and fishing, resources, penalties, legal competency, and procedures to follow in regard to this law. | Statute | ||
| Canada - Saskatchewan - Dangerous Animals | S.S. 2005, c. M-36.1, s. 374 - 380 | This set of laws comprises the Saskatchewan, Canada dangerous animal laws. Under the Act, any person who owns an animal for the purpose of fighting, or trains, torments, badgers, baits or otherwise uses an animal for the purpose of causing or encouraging the animal to make unprovoked attacks on persons or domestic animals is guilty of an offence. In addition, a peace officer or designated officer may destroy any animal that he or she finds injuring or viciously attacking a person or a domestic animal. The Act outlines the actions that result in an animal being declared dangerous (i.e., chased a person in a vicious or threatening manner, bit a person or domestic animal without provocation, etc.) and the procedure to declare such an animal dangerous. | Statute | ||
| OH - Reynoldsburg - Breed - 505.35 Control and harboring of vicious or dangerous dogs and other vicious or dangerous animals. | REYNOLDSBURG, OH., CODE OF ORDINANCES §§ 505.01, 505.35 (1996) |
In Reynoldsburg, Ohio, no person shall own, keep, or harbor any vicious dog, which includes any pit bull dog. A violation is a misdemeanor of the second degree, and the vicious dog shall be seized, impounded, and humanely destroyed. |
Local Ordinance | ||
| Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah | 508 U.S. 520 (1993) | 113 S.Ct. 2217 |
Local ordinance prohibiting animal sacrifices under the guise of an anti-cruelty concern was an unconstitutional infringement on church's First Amendment rights because (1) ordinances were not neutral; (2) ordinances were not of general applicability; and (3) governmental interest assertedly advanced by the ordinances did not justify the targeting of religious activity. |
Case | |
| CT- Pet Shops - Sec. 22-344-21a. Prohibited sales | CT ADC § 22-344-32 - 94 | Regs. Conn. State Agencies § 22-344-32 - § 22-344-94 | This Connecticut regulation lists the animals of which the exhibition, sale or offer for sale by a pet shop is prohibited. The condition in which commercial kennel facilities, pet shops, grooming facilities, training facilities, and animal shelters must be kept are described including sanitation, health requirements, ventilation, and other structural requirements. | Administrative |