Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| In re: DELTA AIR LINES, INC. | 53 Agric. Dec. 1076 (1994) | 1994 WL 657125 (U.S.D.A.) | The Judicial Officer affirmed the Decision by Chief Judge Palmer (Chief ALJ) assessing civil penalties of $140,000, with $60,000 held in abeyance for 1 year, for transporting 108 dogs and cats in a cargo space that was without sufficient air, causing the death of 32 dogs. The Order also directs Respondent to cease and desist from violating the Act, regulations and standards, and, in particular, to cease and desist from failing to ensure that dogs and cats have a supply of air sufficient for normal breathing. On appeal, the court held that when regulated entity fails to comply with Act, regulations or standards, there is separate violation for each animal consequently harmed or placed in danger. | Case | |
| Stephens v. City of Spokane | Slip Copy, 2007 WL 3146390 (E.D.Wash.) | Not Reported in F.Supp.2d, 2007 WL 3146390 |
Before the court here is defendant's motion for summary judgment and plaintiff's motion to certify a class. Plaintiffs claim is based on Spokane's "barking dog" ordinance" for which they were each issued an infraction by animal control officers. Plaintiffs contend the ordinance is void for vagueness. The court disagreed, finding that the ordinance has incorporated the reasonableness standard and is presumptively constitutional. In the ordinance, the citizen of average intellect need not guess at the prohibition of allowing an animal to unreasonably disturb persons by “habitually barking, howling, yelping, whining, or making other oral noises.” |
Case | |
| IN - Hunting - 15-17-14.7-13 Types of weapons allowed during hunt; computer assisted remote hunting; sedation; restricted areas | I.C. 15-17-14.7-13 | IN ST 15-17-14.7-13 | This Indiana law states that a hunting preserve may not allow computer assisted hunting. | Statute | |
| US - Eagle - Endangered and Threatened Wildlife and Plants; Reopening of Comment Period | 1995 WL 121178 (F.R.) |
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. |
Administrative | ||
| NM - Property - Chapter 77. Animals and Livestock. | NMSA 1978, § 77-1-1 | NM ST § 77-1-1 | Dogs, cats and domestic birds are considered personal property in New Mexico. | Statute | |
| MD - Bite - Maryland Dangerous Dog Laws | MD Code, Criminal Law, § 10-619 | MD CRIM LAW § 10-619 | This Maryland statute outlines what is a "Dangerous dog." As defined by statute, it is a dog that, without provocation, has killed or inflicted severe injury on a person, or it is a potentially dangerous dog that bites a person, when not on its owner's real property, kills or inflicts severe injury on a domestic animal, or attacks without provocation. An owner of a dangerous dog must keep the dog securely enclosed on his or her property or must muzzle and restrain the dog. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500. | Statute | |
| Defenders of Wildlife v. Norton | 239 F.Supp.2d 9 (D.D.C. 2002) |
Plaintiffs, twelve conservation organizations and one individual involved in Lynx conservation efforts, challenge a final decision by the USFWS declaring the Lynx in the contiguous United States to be a "threatened," rather than "endangered," species under the Endangered Species Act. Plaintiffs allege that the designation of the Lynx as threatened is "arbitrary, capricious, and an abuse of discretion, or otherwise not in accordance with law," in violation of § 706(2)(A) of the Administrative Procedure Act and that the Service has violated the ESA by failing to designate "critical habitat" for the Lynx as required by that statute. The Court granted summary judgment for the plaintiffs, finding that the FWS's conclusion that, "[c]ollectively, the Northeast, Great Lakes, and Southern Rockies do not constitute a significant portion of the range of the DPS," (three of the Lynx's four regions) were collectively not a significant portion of its range was counterintuitive and contrary to the plain meaning of the ESA phrase "significant portion of its range." With regard to the FWS's failure to designate critical habitat, the excessive delays experienced by the FWS ran completely counter to the mandate of the ESA and were without proper justification. |
Case | ||
| People v. Spence | 212 Cal.App.4th 478 (Cal.App. 4 Dist., 2012) | 151 Cal.Rptr.3d 374, 12 Cal. Daily Op. Serv. 14,151, 13 Cal. Daily Op. Serv. 27, 2012 Daily Journal D.A.R. 17,325 |
In this California case, a jury convicted James Spence of two counts of sexual offenses against a child 10 years old or younger (his housemate's daughter). He was sentenced to a total term of 55 years to life. Among other issues on appeal, Spence argues the court erred by allowing a therapy dog or support canine to be present at the child's feet while she testified, and contends this was “overkill” with the additional support person present on the witness stand. Section 868.5 of the Evidence Code allows up to two support persons during testimony. The court found that the dog was not a "person" for purposes of the code. The trial judge's decision to allow the dog was discretionary. The jury was given instructions to base its decision solely on the evidence presented at trial and not on any sympathies. Further, the court found even if more specific express findings of necessity would have been proper prior to allowing both the dog and support person on the the witness stand, any error was harmless. |
Case | |
| MS - Dangerous Animal - Chapter 3. Crimes Against the Person. | Miss. Code Ann. § 97-3-45 | MS ST § 97-3-45 | This Mississippi law makes an owner liable for manslaughter if he or she wilfully allows a mischievous animal to go at large, or it goes at large because the owner fails to exercise ordinary care, and the animal, while at large or not confined, kills any human being who took reasonable precautions to avoid the animal. | Statute | |
| IL - Ordinances - 5/7. Remittance of fees; Animal Control Fund; use of fund; self-insurance | 510 I.L.C.S. 5/7 | IL ST CH 510 § 5/7 | This Illinois statute provides that all registration fees collected shall be remitted the county Animal Control Fund. This fund shall be set up for the purpose of paying costs of the Animal Control Program. This includes paying claims for loss of livestock or poultry and for other ordinance enacted measures, including the purchase of human rabies anti-serum, human vaccine, the cost for administration of serum or vaccine, minor medical care; paying the cost of stray dog control, impoundment, education on animal control and rabies; or any county or municipal ordinance as established by ordinance of the County Board. In 2013, the statute was amended to provide different provisions for how the fund shall be used for cities with 3 million or more people and for cities with less than 3 million people. | Statute |