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Displaying 1 - 10 of 6637
Title Citation Alternate Citation Agency Citation Summary Type
Jones v. Butz 374 F.Supp. 1284 (D.C.N.Y. 1974)

This action involves a challenge, under the Free Exercise and Establishment Clauses of the First Amendment, to the Humane Slaughter Act and in particular to the provisions relating to ritual slaughter as defined in the Act and which plaintiffs suggest involve the Government in the dietary preferences of a particular religious (e.g., Orthodox Jews) group.  The court held that there is no violation of Establishment Clause because no excessive governmental entanglement and by making it possible for those who wish to eat ritually acceptable meat to slaughter the animal in accordance with the tenets of their faith, Congress neither established the tenets of that faith nor interfered with the exercise of any other.

Case
Pedroni, Matías Andrés c/ Capello Marina Alejandra s/ Medidas Precautorias – Familia Poder Judicial de la Nación, Juzgado Civil 7, Fallo 23536/2021 This case involves a divorced couple that shared two dogs, Burke and Roma. The divorced couple had an arrangement where they shared custody of the dogs. After a domestic violence accusation filed by Marina Alejandra Capello (the respondent) that resulted in a restraining order, Matías Andrés Pedroni (the petitioner) was no longer allowed to see the dogs. The petitioner filed an injunction asking the judge to grant visitation rights (provisional communication regime in Argentina) so he could see the dogs. The petitioner argued that the capricious decision not to let him see the dogs caused him pain, anguish, and concern because Roma and Burke were his family. The judge concluded that from a non-anthropocentric speciest view, Burke and Roma were non-human members of the family created by the parties and that the love for the dogs did not end with the divorce. On the contrary, it had transcended the relationship of the couple. Therefore, neither party could be forced to forget about their relationship with their dogs, severing the solid emotional bond based on years of living together. Case
State v. Smith 54 A.3d 638 (Conn.App.) 139 Conn.App. 107

A defendant was charged and convicted of one count of permitting a dog to roam at large. Upon appeal, the defendant argued the statute he was convicted under was unconstitutionally vague and that he was convicted under insufficient evidence. Defendant contended that simply having his dog off-leash did not mean that it was roaming at large and not under his control where the dog responded to verbal commands. The court rejected both of defendant's arguments, finding that the plain language of the statute clearly prohibits an owner allowing a dog to move freely on another's property unrestrained and not under the owner's direct influence.

Case
CA - Farm Animal Cruelty - Chapter 13.8. Farm Animal Cruelty. § 25991. Definitions. West's Ann. Cal. Health & Safety Code § 25990 - 25994 CA HLTH & S § 25990 - 25994 This section provides the definitions, exception,s and enforcement provisions for the Chapter 13.8, Farm Animal Cruelty. The section was added after voters approved Initiative Measure (Prop. 2) in 2008. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days or by both such fine and imprisonment. Statute
EU - Farming - Information Collection during Farm Inspections (2006/778/EC)

A decision concerning minimum requirements for the collection of information during inspections of calf, pig, and hen farms.  Passed in recognition of the fact that collection of data on animal welfare inspections is essential for the European Community to evaluate the impact of its policy in this field, the directive standardized farm inspection reporting procedures, and required annual reports from each member state outlining (a) the most serious instances of non-compliance with EU law, and (b) what was being done to diminish such non-compliance.

Statute
FL - Importation - Chapter 5C-3. Importation of Animals Fla. Admin. Code r. 5C-3.001 - 3.015 Rule 5C-3.001 to 3.015, F.A.C. This set of regulations constitutes the Department of Agriculture & Consumer Services rules governing the importation of animals. Administrative
Defenders of Wildlife v. Salazar 729 F.Supp.2d 1207 (D.Mont.,2010) 2010 WL 3084194 (D.Mont.,)

In February of 2008, Defendant, the U.S. Fish & Wildlife Service (the "Service"), issued a final ruling to delist the Rocky Mountain gray wolf species, removing the ESA’s protections throughout the northern Rocky Mountain distinct population segment ("DPS"), except in Wyoming. Twelve parties challenged the final ruling, arguing, foremost, that the decision violates the ESA by only partially protecting a listed population. The United States District Court for the District of Montana issued two findings: (1) the ESA does not allow the U.S. Fish & Wildlife Service to list only part of a species as endangered, or to protect a listed distinct population segment only in part; and (2) the legislative history of the ESA does not support the Service’s interpretation of the phrase "significant portion of its range," but instead supports the long-standing view that the ESA does not allow a distinct population to be subdivided. Accordingly, the Service’s ruling to delist the Rocky Mountain gray wolf was vacated as invalid and Plaintiffs’ motion for summary judgment was granted.

Case
AWA - Birds - Subpart G. Specifications for the Humane Handling, Care, Treatment, and Transportation of Birds 9 C.F.R. § 3.150 - 3.168 These AWA regulations comprise Subpart G for the Humane Handling, Care, Treatment, and Transportation of Birds. Administrative
U.S. v. Jim 888 F. Supp. 1058 (D. Or. 1995)

Court considered defendant's claim based on newly enacted RFRA.  Court finds defendant's asserted need to kill 12 eagles a year would decimate eagle population in Oregon.  While not perfect, court finds the eagle permit system the least restrictive means to achieve the compelling need of protecting eagles.  For further discussion on religious challenges to the BGEPA by Native Americans, see Detailed Discussion of Eagle Act.

Case
Derecho Animal Volume 6 Núm 2

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Editorial

 

Las cosquillas del caracol

Teresa Giménez-Candela

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