Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Horton v. U.S. Dept. of Agriculture | 559 Fed.Appx. 527 (6th Cir. 2014) | Petitioner sold dogs and puppies without an Animal Welfare Act (“AWA”) dealer license. An Administrative Law Judge (“ALJ”) found the Petitioner violated the AWA and issued a cease and desist order to prevent further violations of the Act and ordered Petitioner to pay $14,430 in civil penalties. Both Petitioner and Respondent, the Administrator of the Animal and Plant Health Inspection Service (“APHIS”), appealed the ALJ's decision to a judicial officer (“JO”), acting for the Secretary of the Department of Agriculture, who increased the civil penalties amount from $14,430 to $191,200. Petitioner appealed this decision, alleging that (1) the ALJ and JO erred by failing to determine the willfulness of his actions, and (2) the JO improperly applied the Department's criteria for assessing civil penalties. The 6th Circuit found that since the AWA did not contain a willfulness requirement, the JO's failure to make a willfulness determination was not an abuse of discretion. Further, the 6th Circuit held that the JO's factual findings regarding Petitioner's dog sales were supported by substantial evidence. Lastly, the 6th Circuit held the size of the civil penalty assessed against Petitioner was warranted by law. The court denied the petition for review and affirmed the Secretary's Decision and Order. | Case | |
| CA - Animal Defined - § 599b. Words and phrases; imputation of knowledge to corporation | West's Ann. Cal. Penal Code § 599b | CA PENAL § 599b | This statute defines words, such as "animal," as they are used in Title 14, the Malicious Mischief section, of the California Penal Code. Title 14 is where all of the California Penal Code sections pertaining to animal cruelty are found. | Statute |
| U.S. v. 594,464 Pounds of Salmon, More or Less | 687 F.Supp. 525 (W.D. Wash. 1987) |
Defendants were charged with exporting salmon from Taiwan in violation of Taiwanese regulations. The regulations and public announcement of the Taiwan Board of Foreign Trade restricting the export of salmon from Taiwan constituted "foreign law" as that term is used in the Lacey Act, despite the fact this was embodied in regulation, not statute. Moreover, this provision of the Lacey Act was not void for vagueness for failing to expressly state that the term "foreign law" encompassed both foreign statutes and regulations. |
Case | |
| American Soc. for Prevention of Cruelty to Animals v. Feld Entertainment, Inc. | 677 F.Supp.2d 55, 2009 WL 5159752 (D.D.C., 2009) |
This opinion represents the nine-year culmination of litigation brought by plaintiff Tom Rider and Animal Protection Institute (API) against Defendant Feld Entertainment, Inc. (“FEI”) - the operator of Ringling Bros. and Barnum & Bailey traveling circus. Plaintiffs alleged that defendant's use of bullhooks and prolonged periods of chaining with respect to its circus elephants violates the Endangered Species Act, 16 U.S.C. § 1531, et seq. This Court held that plaintiffs failed to establish standing under Article III of the United States Constitution and entered judgment in favor of defendants. Since the Court concluded that plaintiffs lack standing, it did not reach the merits of plaintiffs' allegations that FEI “takes” its elephants in violation of Section 9 of the ESA. |
Case | |
| Mexico - Health - Ley Federal de Sanidad Animal | Federal Law of Animal Health | The Federal Law of Animal Health establishes the foundation for diagnosing, preventing, controlling, and eradicating zoonotic diseases. It defines animal welfare and outlines best practices related to livestock, among other things. This law defines animal welfare as the set of activities aimed at providing animals comfort, tranquility, protection, and safety during rearing, maintenance, exploitation, transport, and slaughter. | Statute | |
| CITES - Non-Detriment Findings Checklist for CITES |
Quick summary of document to aid CITES Scientific Authorities in make a decision about whether a export of an appendix II species is acceptable by being non-detrimental. |
Treaty | ||
| New Zealand - Animal Welfare - Code for Layer Hens 2012 | This code sets the minimum standards for the care and management of layer hens under all forms of management used in New Zealand. The purpose of this code is to provide guidance to the owners of layer hens and to persons who are in charge of them about the standards they must achieve in order to meet their obligations under the Animal Welfare Act 1999. | Statute | ||
| US - AWA - Animal Welfare Act Decisions |
This document contains references to both court decisions and administrative proceedings under the Animal Welfare Act on a section by section basis. |
Statute | ||
| Forest Guardians v. Veneman | 392 F.Supp.2d 1082 (D.Ariz.,2005) |
District Court held that United States Forest Service could issue permits that allow cattle on lands near waterways where spikedace and loach minnows live, both species are listed as "threatened" species, even though this grazing could delay their recovery. |
Case | |
| DICKERSON v. BRITTINGHAM. | 86 A. 106 (Del.Super. 1913) | 4 Boyce 93, 27 Del. 93 (1913) |
In this Delaware case, the plaintiff brought an action against the defendant to recover damages for the death of plaintiff's horse, alleged to have been caused by the negligent driving by the defendant of his team. This resulted in a head-on collision, which caused the death of the horse days after. The jury found in favor of the plaintiff. On appeal, the court held that if the jury believed from the evidence presented that the defendant was driving without ordinary care, the verdict should stand for the plaintiff. |
Case |