Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| US - Fisheries - Pelly Amendment (§ 1978) | 22 USC 1978 | The Pelly Amendment provides restrictions on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs. | Statute | |
| Johnson v. City of Murray | 544 Fed.Appx. 801 (C.A.10 (Utah),2013) | 2013 WL 5832524 (C.A.10 (Utah),2013) |
An animal control employee lost her job due to the city’s decision to outsource the department to another city. Plaintiff sued the city on eleven counts, but lost due to the district court’s grant of the city’s motion for summary judgment. On appeal, the plaintiff lost on her First Amendment, American Disability Act, Utah Protection of Public Employees Act, and breach of contract claims. |
Case |
| ME - Police Animal - § 164-B. Immunity from civil liability for assistance given to law enforcement dogs, search and rescue | 14 M.R.S.A. § 164-B | This Maine law gives immunity from damages to an emergency medical services person, a security services dog handler or a law enforcement officer who voluntarily, without the expectation of monetary or other compensation, renders first aid, emergency treatment or rescue assistance to a law enforcement dog, search and rescue dog or service dog that is unconscious, ill, injured or in need of rescue assistance unless it is established that the injury or the death was caused willfully, wantonly or recklessly or by gross negligence on the part of the emergency medical services person, security services dog handler or law enforcement officer. | Statute | |
| Animal Legal Defense Fund v. Mendes | 72 Cal.Rptr.3d 553 (Cal.App. 5 Dist., 2008) | 08 Cal. Daily Op. Serv. 1999, 160 Cal.App.4th 136, 2008 WL 400393 (Cal.App. 5 Dist.) |
Appellants ALDF asserted causes of action for violation of Penal Code section 597t for confining calves without an “adequate exercise area,” and for commission of unfair business practices under Business and Professions Code section 17200 et seq. In affirming the lower court's decision to dismiss the action, this court held that there is no private cause of action pursuant to Penal Code section 597t under the present circumstances, and none of the appellants have shown an ability to allege any facts of economic injury. |
Case |
| People ex rel. Nonhuman Rights Project, Inc. v. Lavery | 2014 WL 6802767 (N.Y. App. Div. Dec. 4, 2014) | 2014 N.Y. Slip Op. 08531 | This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings." | Case |
| Marine Mammals Issues | Policy | |||
| CA - Crimes - § 597. Cruelty to animals | West's Ann. Cal. Penal Code § 597 | CA PENAL § 597 | This statutes states that anyone who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment. The statute also defines specific forms of torture and mistreatment that qualifies as a crime under this section. | Statute |
| Canada - British Columbia - Division 1 -- Regulation of Animals | R.S.B.C. 1996, c. 323, s. 702.1 - 707.1(10) |
This set of British Columbia, Canada laws addresses animal control. The provisions give the animal control board the authority to regulate loose animals and licensing of dogs. |
Statute | |
| Oregon Natural Desert Ass'n v. Kimbell | Slip Copy, 2008 WL 4186913 (D.Or.) |
After filing a complaint challenging certain decisions by the United States Forest Service and the National Marine Fisheries Service authorizing livestock grazing within a national forest, Plaintiffs filed a Motion for Temporary Restraining Order and/or Preliminary Injunction seeking an order prohibiting the authorization of livestock grazing on certain public lands until Plaintiffs’ claims could be heard on the merits. The United States District Court, D. Oregon granted Plaintiffs’ motion, finding that Plaintiffs are likely to succeed on the merits of at least one of its claims, and that Plaintiffs made a sufficient showing that irreparable harm would likely occur if the relief sought is not granted. |
Case | |
| Crow Indian Tribe v. United States | 965 F.3d 662 (9th Cir. 2020) | Several Indian tribes, environmental organizations, and animal-welfare groups filed suits claiming that Fish and Wildlife Service (FWS) violated Endangered Species Act (ESA) and Administrative Procedure Act (APA) by issuing final rule “delisting” or removing grizzly bear population in Greater Yellowstone Ecosystem from threatened species list. The distinct population segment of the Yellowstone grizzly bear population has been so successful under the ESA that the FWS has been trying to delist it for almost 15 years, according to the court. This specific case was triggered by a 2017 D.C. Circuit case (Humane Society v. Zinke) that requires the FWS to address the impact that removing a DPS from protection under the ESA would have on the remaining listed species. At the time that ruling was issued, the FWS had already published a 2017 Rule that sought to delist the grizzly bear Yellowstone DPS. This then resulted in cross motions for summary judgment in district court. The district court granted summary judgment for the plaintiffs and vacated the 2017 rule, remanding it to the FWS. This remand resulted in a second delisting rule by FWS that was again vacated and remanded by the district court, demanding consideration of several discrete issues by FWS. The FWS now appeals that remand for consideration that require the study of the effect of the delisting on the remaining, still listed, grizzly population in the coterminous 48 states, as well as further consideration of the threat of delisting to long term genetic diversity of the Yellowstone grizzly. In addition, states in the region of the DPS (Idaho, Montana, and Wyoming) as well as some private hunting and farming organizations have intervened on the government's behalf. On appeal, the Court of Appeals first found that it had authority to review the district court order and that the intervenors had standing to pursue an appeal. As to the order by the district court that the FWS needs to conduct a "comprehensive review" of the impact of delisting on the remnant grizzly population, the appellate court vacated that portion of the order using the phrase "comprehensive review." Instead, it remanded to the lower court to order a "further examination" on the delisting's effects. The court also agreed with the district court that FWS' 2017 Rule was arbitrary and capricious where it had no concrete, enforceable mechanism to ensure the long-term genetic viability of the Yellowstone DPS. Finally, the Court of Appeals agreed with the district court order to mandate a commitment to recalibration (changes in methodology to measure the Yellowstone grizzly bear population) in the rule since that is required by the ESA. The Court affirmed the district court’s remand order, with the exception of the order requiring the FWS to conduct a “comprehensive review” of the remnant grizzly population. | Case |