Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Idaho Dairymen's Ass'n, Inc. v. Gooding County | 227 P.3d 907 (Idaho 2010) | 2010 WL 337939 (Idaho), 148 Idaho 653 (2010) |
After Gooding County adopted an ordinance regulating confined animal feeding operations (CAFOs), cattle ranching and dairy associations brought suit challenging the constitutionality and validity of provisions within the ordinance and seeking declaratory and injunctive relief. The district court entered summary judgment in favor of the county, and the associations appealed. The Idaho Supreme Court affirmed the district court's findings. |
Case | |
| ND - Rabies - 48.1-13-01-01. Importation requirements - Certificate of veterinary inspection | ND ADC 48.1-13-01-01 | N.D. Admin. Code § 48.1-13-01-01 | This North Dakota regulation states that any dog, cat, or ferret over three months of age imported into the state must have a certification of a current rabies vaccination. It also provides other requirements for dog, cat, and ferret importation into the state. | Administrative | |
| Ivory Education Institute v. Department of Fish and Wildlife | 28 Cal. App. 5th 975 (Ct. App. 2018), as modified (Nov. 5, 2018), review denied (Jan. 16, 2019) | 239 Cal. Rptr. 3d 606 (Ct. App. 2018) | The Legislature passed Assembly Bill 96 which took effect July 1, 2016 as Fish & Game Code section 2022. The bill imposed new restrictions on the sale and importation of ivory and rhinoceros horn. The Ivory Education (the Institute) sued the California Department of Fish and Wildlife (the Department) in order to block implementation of the law. The institute alleged that the statute was unconstitutional on multiple grounds including vagueness, federal preemption, the takings clause, and the commerce clause. The trial court entered judgment for the Department and the intervenor defendants (the Natural Resources Defense Council, the Center for Biological Diversity, the Humane Society of the United States, the International Fund for Animal Welfare, and the Wildlife Conservation Society). The Institute appealed and abandoned all other issues raised and limited its challenge to the void-for-vagueness doctrine. "The Institute contend[ed] that section 2022 [was] unconstitutionally vague for two reasons: 1) while it allows for the sale or import of ivory insofar as it is allowed by federal law, differences in what federal law allows make it nearly impossible to tell what would qualify for the exemption provided by section 2022(c)(c); and 2) there are no guidelines by which to determine the permissible volume of ivory in either musical instruments or antiques." The Court of Appeals stated that a statute is not vague if its meaning can be determined by looking at other sources of information. Those who wish to comply with section 2022 have a duty to locate and examine statutes or whatever else necessary to determine the scope of the exemption provision. "Section 2022 has a single purpose—to prevent the sale or importation of ivory and rhinoceros horn. Both of those terms are defined. The Institute has 'not demonstrated that attempts to give substance and meaning' to the three disputed exceptions 'would be fruitless.'" As for the Institute's second contention, the Court of Appeals stated that because musical instruments and antiques are tangible objects that occupy a verifiable amount of three-dimensional space, the percentage of any such object that has ivory in it can be readily determined. The Court of Appeals held that the statute was not vague. The Court affirmed the holding of the trial court. | Case | |
| Journal of Animal & Natural Resource Law Vol. 10 |
Published by the students of Michigan State University College of LawJournal of Animal & Natural Resource Law Vol. X (2014)The table of contents is provided below. |
Policy | |||
| WA - Health - Chapter 16.36. Animal Health | West's RCWA 16.36.005 - 160 | WA ST 16.36.005 - 160 | These laws set forth the laws for importation and health requirements of certain imported animals. It also allows the director to establish inspection procedures for the transportation of animals. A section provides that it is unlawful for a person to bring an animal into Washington state without first securing a certificate of veterinary inspection, reviewed by the state veterinarian of the state of origin, verifying that the animal meets the Washington state animal health | Statute | |
| WI - Hewitt - Breed - Pit Bull Ordinance | HEWITT, WI., ORDINANCE NO. 18.01 § 5 |
In Hewitt, Wisconsin, it is unlawful to keep, harbor, own or possess a pitbull dog, with exceptions for dogs registered by the date the ordinance became effective. Such dogs may be kept subject to certain conditions, such as keeping the dog properly confined, using a leash and muzzle, posting "Beware of Dog" signs, and keeping $50,000 liability insurance. |
Local Ordinance | ||
| Beard v. State | 261 S.E.2d 404 (Ga.App., 1979) | 151 Ga.App. 724 (1979) |
Defendants were convicted of hunting with an unplugged pump shotgun and obstructing a law enforcement officer in the discharge of his official duties. The Court of Appeals held that the evidence was sufficient to support convictions, the admission of evidence of defendants' prior run-ins with the law was not error, and the judge's instruction that admissions should be scanned with care, if jury found defendant had made an admission, was a correct statement of law and not, as contended, an expression of the judge's opinion. |
Case | |
| Gurtek v. Chisago County | 1988 WL 81554 (Minn.App., 1988) (unpublished) |
Appellants sought review of a denial of a special-use permit to build a large campground adjacent to a bald eagle nesting site. They contended that the denial by the county board was arbitrary and capricious. The court held that the denial was reasonable where the county proffered two legally valid reasons for denying the permit: the danger to the sensitive nesting eagle population and the detrimental effect the increased human activity would have on the unspoiled nature of the property. |
Case | ||
| RSPCA v. Stojcevski | 2002 WL 228890, 134 A Crim R 441 | 2002 SASC 39 |
Appeal against the order of the Magistrate dismissing a complaint - prevention of cruelty to animals - respondent charged with ill treating an animal in that failed to take reasonable steps to alleviate any pain suffered by the animal who had a fractured leg bone contrary to sec 13(1) of the Prevention of Cruelty to Animals Act 1985. Dismissal was upheld and court found that defendant did not understand dog was in pain and had and was going to take reasonable steps. |
Case | |
| Conservation Force, Inc. v. Manning | 301 F.3d 985 (9th Cir. 2002) |
This case questions whether Arizona's 10% cap on nonresident hunting of bull elk throughout the state and of antlered deer north of the Colorado River substantially affects commerce such that the dormant Commerce Clause applies to the regulation. The Court that Arizona's cap on nonresident hunting substantially affects and discriminates against interstate commerce and therefore is subject to strict scrutiny under the dormant Commerce Clause. The case was remanded to determine the extent of Arizona's legitimate interests in regulating hunting to conserve its population of game and maintain recreational opportunities for its citizens. |
Case |