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Displaying 71 - 80 of 6637
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Coffey v. Bureau of Land Mgmt. | 249 F.Supp.3d 488 (D.D.C. Apr. 20, 2017) | 2017 WL 1411465 (D.D.C. Apr. 20, 2017) | As the court here states, "Plaintiff Debbie Coffey knows a great deal about wild horses and burros—and how those animals are treated by the federal Bureau of Land Management—but she wants to learn more." As such, Plaintiff, a hose welfare advocate, filed a Freedom of Information Act (FOIA) request to the BLM to obtain communications between its officials and private citizens, namely those with long-term holding contracts, involved in the Wild Horse and Burro Program. In conjunction with her request, the BLM charged plaintiff $1,680 in processing fees, but ultimately refunded her the fees a year and half later because it failed to meet FOIA statutory response deadlines. On appeal, Coffey filed a FOIA suit and both sides moved for summary judgment. Plaintiff first argues that the BLM violated FOIA when it failed to give her interest on her processing fees. The court, however, found that awarding interest here would violate the longstanding "no-interest rule," where there was no congressional intent to award interest in such cases. As to plaintiff's argument that BLM's search for records was inadequate, the court agreed with plaintiff that the words and phrases used by BLM were too limiting to meet plaintiff's request and were thus unreasonable. The court held that BLM must choose a different set of search terms (including those suggested by plaintiff) and conduct the FOIA search again. However, the court found that plaintiff's additional contentions that: (1) the search terms were too vague; (2) the database and software needed to be identified; and (3) BLM needed to also include phone records in its search to be without merit. The parties' motions for summary judgment were granted in part and denied in part. | Case | |
| LA - Domestic Violence - Chapter 28. Protection from Family Violence Act. | LSA-R.S. 46:2135 | This Louisiana law allows a court to enter a temporary restraining order, without bond, as it deems necessary to protect from abuse the petitioner. Among the provisions is subsection (A)(7) that allows the court to grant ". . . to the petitioner the exclusive care, possession, or control of any pets belonging to or under the care of the petitioner or minor children residing in the residence or household of either party, and directing the defendant to refrain from harassing, interfering with, abusing or injuring any pet, without legal justification, known to be owned, possessed, leased, kept, or held by either party or a minor child residing in the residence or household of either party." In 2015, the state allowed the court shall consider any and all past history of abuse, or threats thereof, in determining the existence of an immediate and present danger of abuse. | Statute | ||
| DE - Dogs - Consolidated Dog Laws | 16 Del.C. § 3041F - 3059F; 7 Del.C. § 570; 7 Del.C. § 1701 - 1708; 22 Del.C. § 116; 29 Del.C. § 327 | These statutes comprise Delaware's dog laws. Among the provisions include licensing requirements, laws concerning hunting field trials, and the dangerous dog subchapter. | Statute | ||
| Arguello v. Behmke | 2006 WL 205097 (N.J.Super.Ch.,2006) (not reported in A.2d) |
The adoption of a dog was invalidated and the court ordered its return to the original owner. The shelter's placement of the dog with a new family was invalid because the shelter agreed that it would hold the dog for a certain period of time. |
Case | ||
| Stolte v. Hammack | 716 S.E.2d 796 (Ga. App., 2011) | 2011 WL 4116153 (Ga. App., 2011); 311 Ga.App. 710 (2011) |
After home owner’s roommate was attacked by a pit bull inside the home, the victim filed suit against owner under the vicious animal and the premises liability statutes. The Court of Appeals held that, because the roommate knew about the dog’s vicious propensity to the same extent as the owner, the owner was not liable. Plaintiff must present evidence that the owner had superior knowledge of the dog's temperament for the owner to be liable. |
Case | |
| CÓDIGO PENAL PARA EL DISTRITO FEDERAL | CÓDIGO PENAL PARA EL DISTRITO FEDERAL | Animal cruelty against any animal has been considered a crime Under the Criminal Code of Mexico City since 2014. Chapter IV contains the provisions regarding the crimes committed by acts of cruelty or mistreatment against non-human animals. Article 350 BIS establishes that "whoever intentionally mistreats or cruelly acts against any specimen of any animal species causing injury, damage, or alteration in their health will be punished with one to up to three years of imprisonment and three hundred to five hundred times the Units of Measure and Update. In addition, intentional acts of cruelty or mistreatment that cause the death of an animal will be punished with imprisonment from two years to up to six years and six hundred to twelve hundred times the Units of Measure and Update. The penalties will be increased by up to two-thirds in those cases where methods that cause serious suffering to the animal are used prior to the death. Methods that cause serious suffering are understood as all those that lead to non-immediate death and prolong the animal's agony. Using an animal for sexual purposes is punishable with one to three years in prison and five hundred to a thousand times the Units of Measure and Update. Enhanced Penalties: The sanctions stipulated in this article shall be subject to a one-half increase if, in addition to the acts mentioned above, the individual responsible or any other person captures visual evidence with the purpose of publicly disseminating these acts through any means. The same increase applies to the killing of a companion animal for purposes of human consumption." Other articles in this code concerning animals include Article 54. 76, 226 BIS, and 226 TER. | Statute | ||
| Animal Law Index Volume 16, Part 2 |
Animal Law Review, Volume 16, Issue 2 (Spring 2010)
INTRODUCTIONINCORPORATING ANIMAL LAW INTO PRIVATE PRACTICE
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Policy | |||
| People for Ethical Treatment of Property Owners v. U.S. Fish and Wildlife | 57 F.Supp.3d 1337 (D. Utah 2014) | Plaintiff People for the Ethical Treatment of Property Owners (“PETPO”) filed the instant lawsuit against United States Fish and Wildlife Service, Daniel M. Ashe, in his official capacity as Director of the United States Fish and Wildlife Service, Noreen Walsh, in her official capacity as Regional Director of the United States Fish and Wildlife Service's Mountain Prairie Region, the United States Department of the Interior, and Sally Jewell, in her official capacity as Secretary of the Interior (collectively “Defendants”), challenging the constitutional authority of the federal government to regulate take of the Utah prairie dog on non-federal land under the Endangered Species Act (“ESA”). Friends of Animals (“FoA”) intervened as a Defendant. The case before the District Court rests on the parties' opposing motions for summary judgment. The District Court found that although the Commerce Clause authorized Congress to do many things, it did not authorize Congress to regulate takes of a purely intrastate species that had no substantial effect on interstate commerce. Congress similarly lacked authority through the Necessary and Proper Clause because the regulation of takes of Utah prairie dogs was not essential or necessary to the ESA's economic scheme. Therefore PETPO's Motion for Summary Judgment was GRANTED, with prejudice; Defendants' Cross–Motion for Summary Judgment was DENIED, with prejudice. Held 50 C.F.R. § 17.40(g) Unconstitutional | Case | ||
| US - Wolf - Endangered and Threatened Wildlife and Plants; Removing the Western Distinct Population Segment of Gray Wolf From th | 2003 WL 1697399 (F.R.) | RIN 1018-AJ04 |
The U.S. Fish and Wildlife Service (Service or we) announces our intention to conduct rulemaking under the Endangered Species Act of 1973, as amended (Act), to remove the Western Distinct Population Segment (DPS) of gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife in the near future. Specifically, we intend to propose to delist the gray wolf in the Northern Rocky Mountains and western United States where it is presently listed. If this proposal is finalized, the gray wolf would be delisted in the Western Gray Wolf DPS, existing special regulations established under section 4(d) of the Act for the Western DPS would be abolished, the nonessential experimental designations for reintroduced gray wolves would be removed, and future management of this species would be conducted by the appropriate State and tribal wildlife agencies. |
Administrative | |
| IA - Lost Property - Chapter 556F. Lost Property | I. C. A. § 556F.1 - 18 | IA ST § 556F.1 - 18 | This section comprises Iowa's Lost Property Act. The lost property provisions and procedures cover "any lost goods, money, bank notes, or other things of any description whatever, of the value of five dollars and over." | Statute |