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In August 2002, plaintiffs’ dog escaped while being exercised at defendant-kennel’s boarding facility. Birchmount appeals from the judgment claiming the court applied the wrong standard of care, and that the court erred in law in awarding the plaintiffs damages for pain and suffering. The reviewing court found that the evidence would likely have led to the same conclusion regardless of whether a “bailment” standard was used. Further, this court was satisfied that the trial judge did not err in law or in fact in making findings and in awarding general damages where there was evidence that the plaintiffs experienced pain and suffering upon learning of the dog’s escape.

Reinstates the listing of the Western Great Lakes and Northern Rocky Mountains gray wolf populations in accordance with court orders.

Defendant appealed a conviction for attempted involvement in animal fighting, arguing that the statutes at issue were unconstitutionally vague.  Since the defendant admitted he knowingly was among spectators at farm hosting a cockfighting event, the Court of Appeals held that a person of common intelligence could discern that defendant's conduct constituted a substantial step toward involvement in animal fighting.

The U.S. Fish and Wildlife Service (Service) is reopening the comment period on the bald eagle reclassification proposal for thirty days. On July 12, 1994, the Service proposed reclassifying the bald eagles of the lower 48 States as threatened, except those already listed as threatened and those of the Southwestern Recovery Region and Mexico. The bald eagles of the Southwestern Recovery Region were proposed to remain listed as endangered. The Service also proposed classifying bald eagles in Mexico as endangered; they are not currently listed as endangered or threatened. Specific public comment was solicited on the status of bald eagles in the Southwest and Mexico and the distinctness of those eagles as a separate population.

New information indicates that the Southwestern and Mexican bald eagles may not warrant a classification as endangered. The Service is making available for public review and comment information recently received about bald eagles of the Southwestern Recovery Region.