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Displaying 101 - 110 of 6639
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Farm Sanctuary v. United States Department of Agriculture | 545 F. Supp. 3d 50 (W.D.N.Y. 2021) | Plaintiffs (nonprofit organizations working to protect animals, people, and environments from industrial animal agriculture) filed suit against the USDA and FSIS challenging the implementation of the Modernization of Swine Slaughter Inspection rule, 84 Fed. Reg. 52,300 (Oct. 11, 2019) ("Slaughter Rule”). Plaintiffs contend that the rule allows nearly all pigs in the U.S. to be slaughtered as "unlimited speeds," thereby posing risks to animal welfare and consumer safety. Plaintiffs' lawsuit was later amended to add a claim that challenges Defendants' failure to ban the slaughter of non-ambulatory or "downed" pigs in the rule. Defendants filed motions to dismiss on the grounds that Plaintiffs have no standing to sue. Plaintiffs contend that they have been injured by Defendants' implementation of the Slaughter Rule. Specifically, Plaintiffs argue that the authorization of the high-speed slaughter rule directly conflicts with their organizational missions and redirects resources to counteracting the Slaughter Rule instead of other activities like rescue of animals and advocacy. Some of the plaintiff organizations further allege that their members include consumers who eat pork products and are concerned about the increased health risks they face from consuming products from pigs who have not been adequately inspected as well as impacts to the environment from increased slaughter. In addition, Plaintiffs allege that the FSIS is not consistent in its treatment of downed pigs versus downed cattle, and that downed pigs are inhumanely forced to rise/stand for slaughter resulting in potential exposure to the public of disease and other public health risks. The court first took up Defendants argument that Plaintiffs lack both organizational and associational standing. The Court has reviewed the amended complaint in light of this Second Circuit precedent and finds that Plaintiffs have plausibly alleged that they have been forced to divert resources from mission-critical activities to oppose the Slaughter Rule. In other words, Plaintiffs have plausibly alleged that Defendants’ unlawful practices have impaired and frustrated their ability to engage in mission-related activities and caused a consequent drain on their limited resources, which “constitutes far more than simply a setback to the organization's abstract social interests" sufficient to survive a motion to dismiss. Taking Plaintiffs allegations in their pleadings as true, the Court finds that the amended complaint contains allegations sufficient to support organizational standing. Having found that Plaintiffs have organization standing, the Court need not reach the issue of associational standing. Accordingly, Defendants’ motion to dismiss is denied. Finally, as to the 2020 Action concerning the downed pigs, the Court found that The Court reaches the same conclusion it did in the 2019 Action: that at this stage of the case, Plaintiffs have alleged organizational standing. The Court notes that several other Plaintiffs have submitted declarations from their members, which further explain how those organizations have sustained an injury-in-fact. Plaintiffs have plausibly alleged that they provide additional services beyond mere issue advocacy, that these services have been impaired by Defendants’ actions, and that they have been forced to shift their resources away from those services to oppose the slaughter of downed pigs. Defendants' motions to dismiss were denied. | Case | ||
| Agreement APHIS v. FEI | This agreement was entered into by APHIS and Feld Entertainment, Inc. (FEI). FEI is an exhibitor under the Animal Welfare Act and was issued non-compliance reports after numerous inspections. In this agreement, FEI paid $270,000 to the US Treasurer and had to develop and implement annual training to all of its personnel who worked with animals. The agreement also contains provisions that APHIS would not take action against FEI if FEI followed the agreement. | Pleading | |||
| FL - Wildlife - Chapter 68A-1. General: Ownership, Short Title, Severability and Definitions | Fla. Admin. Code r. 68A-1.001 - 1.004 | 68 FL ADC 68A-1.001 to 1.004 | This chapter of the Administrative Code provides the definitions for the remaining chapters of the Code, and includes a declaration of the Fish and Wildlife Conservation Commission's authority to regulate all wild animal life within the state. | Administrative | |
| New York Consolidated Laws 1938: Sections 180-196 | N.Y. Penal Law §§ 180-196 (Consol. 1938) | Article 16, entitled "Animals", concerns New York's Law about the treatment of animals from 1938. The act covers such topics as poisoning of animals to abandoning diseased or injured animals. In addition, the act provides definitions in section 180. | Statute | ||
| Liberty Humane Soc., Inc. v. Jacobs | Not Reported in A.2d, 2008 WL 2491961 (N.J.Super.A.D.) | This case concerns the authority of the Department of Health to revoke certifications of animal control officers who willfully contravened the state law on impounding dogs. The court found that “[s] ince the Department acknowledged that it is charged with revoking certifications of animal control off icers when those officers pose ‘ a threat to the health and safety’ of the community, it should follow that allegations of officers willfully and illegally taking a dog from its owner and falsifying records to claim it a stray so as to expose it to adoption by another or euthanasia calls for the Department to take action. ” It would be both arbitrary and capricious for the Department to ignore its duty to determine if revocation of certification is required. | Case | ||
| CA - Initiatives - Proposition 2 (farm cruelty) | 2008 Proposition 2 | This 2008 California initiative measure would add to the Health & Safety Code with a law entitled, "The Prevention of Farm Animal Cruelty Act." Specifically, the proposed law requires that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely. Exceptions are made for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes. The law provides misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days and would go into effect on January 1, 2015. It was approved in November 2008 by a margin of 63% to 37%. | Statute | ||
| WI - Rabies - 95.21. Rabies control program | W. S. A. 95.21 | WI ST 95.21 | Except as provided in s. 174.054 or sub. (9)(d), the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, at no later than 5 months of age and revaccinated within one year after the initial vaccination. The owner of a dog shall have the dog revaccinated against rabies before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times. | Statute | |
| Vick, Michael - Associated Materials (2007, 2008) |
The following contains links to the materials associated with Michael Vick's federal and state indictments for dogfighting. |
Pleading | |||
| PA - Permits - Subchapter M. Exotic Wildlife Dealer | 58 PA ADC §147 .241 - 246 | 58 Pa. Code § 147.241 - 246 | These Pennsylvania regulations relate to the housing and care of exotic wildlife and public protection from wildlife that is being held or transported by exotic wildlife dealers. Under the regulations, it is unlawful to keep exotic wildlife in confinement in an unsanitary or unsafe condition, or in a manner which results in maltreatment, mistreatment or neglect. The regulations outline requirements for housing, cage construction, food and water provision, waste removal. and drainage. | Administrative | |
| Fund for Animals, Inc. v. Hogan | 428 F.3d 1059 (D.C. Cir. 2005) | 368 U.S.App.D.C. 238 (D.C. Cir 2005) |
The Fund for Animals petitioned the US Fish and Wildlife Service (FWS) to list as endangered the trumpeter swans living in Wyoming, Montana, and Idaho. The Fish and Wildlife Service denied the petition without giving a good explanation why, so the Fund for Animals sued. The court found that because the Fish and Wildlife Service had subsequently provided a letter finding that the swans were not "markedly separated from other populations" and were part of the Rocky Mountain population, which was growing in numbers, the FWS had provided a sufficient explanation and the case against it was therefore moot. |
Case |