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Title Citation Alternate Citation Summary Type
Rhoades v. City of Battle Ground 2002 WL 31789336 (Wash.App. Div. 2) 114 Wash.App. 1062 (2002) (Not Reported in P.2d)

In this case, exotic animal owners appeal a summary judgment order dismissing their various constitutional challenges to a City of Battle Ground ordinance that prohibits ownership of such animals within city limits.  Specifically, the owners contended that the ordinance violated their right to equal protection under the constitution because it treats those who keep exotic pets within the City differently from those who keep dangerous dogs.  The court held that it was within the city's police power authority to enact these laws if they were supported by a rational relationship.  In fact, the court found that the local legislative body may draw a different conclusion from the Washington Supreme Court in areas of public safety and the exercise of the local government's police powers provided it does not conflict with the general laws of the state.  ( Note :  publication of case ordered Feb. 7, 2003 in 115 Wash.App. 752, 63 P.3d 142 ).

Case
Mills v. State 848 S.W.2d 878 (Tex. App. 1993).

In an animal cruelty conviction, the law requires that sentences arising out of same criminal offenses be prosecuted in single action and run concurrently.

Case
Friends of Animals v. The United States Bureau of Land Management 232 F. Supp. 3d 53 (D.D.C. 2017) No. 17-CV-00136 (CRC), 2017 WL 499882 (D.D.C. Feb. 7, 2017)

Friends of Animals, an animal welfare organization, filed suit for a preliminary injunction against the Bureau of Land Management (BLM). Friends of Animals filed suit after the BLM started organizing a new “gather” which is a a term used for the removal of wild horses. The BLM planned to “gather” wild horses from a range in Utah and the Friends of Animals challenged the decision on three grounds: (1) the decision to gather was not grounded on any National Environmental Policy Act (NEPA) document such as a environmental assessment (EA); the BLM failed to honor its previous commitment to include new EAs for any new gathers; and (3) the gather violates the Wild Horses Act on the basis that the BLM failed to make a excess population determination before authorizing the gather.

The court reviewed the three claims separately and determined that Friends of Animals’ challenges to the gather were not likely to succeed and there was not a sufficient irreparable harm to warrant a preliminary injunction. First, the court found that under NEPA, an agency is able to rely on a previous EA so long as “new circumstances, new information or changes in the action or its impacts not previously analyzed [do not] result in significantly different environmental effects.” The court found that previous EAs were sufficient because they had assessed an “essentially similar” capture method. Additionally, the court determined that although BLM had previously agreed to provide new EAs for any new gathers, the BLM was not legally required to do, so the Friends of Animals argument regarding this issue would not succeed. Lastly, the court found that the BLM had not violated the Wild Horses Act because the BLM had in fact conducted an excess population determination.

Lastly, the court analyzed whether or not the gather created an irreparable harm that would warrant a preliminary injunction. The court found that there was not sufficient evidence to prove any irreparable harm. As a result, the court denied the preliminary injunction and held in favor of the BLM.

Case
WI - Hunting - 951.09. Shooting at caged or staked animals W.S.A. 951.09 WI ST 951.09 This Wisconsin statute prohibits the killing or aiding in killing or wounding by use of deadly weapon of any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size. However, nothing in this section prohibits the shooting of any wild game in its wild state. Statute
MS - Dog Theft - Chapter 17. Crimes Against Property Miss. Code. Ann. § 97-17-51 MS ST § 97-17-51 This Mississippi Statute provides that a person commits a felonious offense by stealing, taking and carrying away any dog that is the property of another. If the person who commits the offense is indicted and convicted for stealing the dog, he or she shall be punished by a fine not more than $500, imprisonment not more than 6 months, or both, or imprisoned in the penitentiary not less than 1 year nor more than 2 years. Statute
PA - Ecoterrorism - § 3311. Ecoterrorism 18 Pa.C.S.A. § 3309 - 3311; 42 Pa.C.S.A. § 8319 PS ST 18 Pa.C.S.A. § 3309 - 3311; PS ST 42 Pa.C.S.A. § 8319 This collective set of laws comprises Pennsylvania's ecoterrorim and agroterrorism provisions. The state has an agricultural vandalism law (misdemeanor or felony, depending on pecuniary loss) and law prohibiting the destruction of agricultural crops (felony). A person is guilty of ecoterrorism if the person commits a specified offense against property by: intimidating or coercing a person participating in an activity involving animals, plants, or natural resources; or preventing or obstructing a person involved in such an activity. The law has a provision that states a person who is on public property, or on private property with permission, and is peaceable exercising his or her constitutional rights is immune from prosecution and from civil liability under Pa.C.S. Sec. 8319. Statute
Humane Society International Inc v Kyodo Senpaku Kaisha Ltd (2008) 244 ALR 161 (2008) 165 FCR 510; (2008) 99 ALD 534; [2008] FCA 3

The applicant, an incorporated public interest organisation, sought an injunction to restrain the respondent Japanese company which owned several ocean vessels engaged in, and likely to further engage in, whaling activities in waters claimed by Australia. It was found that the applicant had standing to bring the injunction and the respondent engaged in activities prohibited by the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Orders were entered against against the respondent even though it had no assets in Australia and the likelihood of being able to enforce judgment was very low.

Case
State v. Dicke 258 Or. App. 678, 310 P.3d 1170 review allowed, 354 Or. 597, 318 P.3d 749 (2013) 2013 WL 5352271, 258 Or. App. 678, review allowed, 354 Or. 597, 318 P.3d 749 (2013)

This case is the companion case to State v. Fessenden,258 Or. App. 639, 310 P.3d 1163 (2013) review allowed, 354 Or. 597, 318 P.3d 749 (2013) and aff'd, 355 Or. 759, 333 P.3d 278 (2014). Defendant was convicted of first-degree animal abuse, ORS 167.320, in association with having allowed her horse to become so severely emaciated that it was at imminent risk of dying. On appeal, defendant challenged the trial court's denial of her motion to suppress evidence obtained through a warrantless search of the horse. In affirming the lower court, this court found that the warrant exception that allows officers to assist seriously injured people extends to animals under certain circumstances. Citing Fessenden, this court found that a warrantless seizure will be valid when officers have "objectively reasonable belief, based on articulable facts, that the search or seizure is necessary to render immediate aid or assistance to animals that have suffered, or which are imminently threatened with suffering . . ."

Case
People v. Meadows 54 Misc. 3d 697, 46 N.Y.S.3d 843 (N.Y. City Ct. 2016), rev'd, No. 17-AP-002, 2017 WL 4367065 (N.Y. Co. Ct. Aug. 3, 2017) 2016 N.Y. Slip Op. 26405, 2016 WL 7165826

Defendant Amber Meadows allegedly neglected to provide dogs Athena, Buddy, and Meeko, with air, food, and water, and confined them in a bedroom where feces was found on the floor and furniture. Meadows was prosecuted for three counts of the unclassified misdemeanor of failure to provide proper food and drink to an impounded animal in violation of § 356 of the Agriculture and Markets Law (AML). Meadows moved to dismiss the Information as facially insufficient and stated that the Supporting Deposition indicated that the dogs were “in good condition.” The People of the State of New York argued that the allegations in both the Information and Deposition, taken together, provide a sufficient basis to establish the elements of the crime. The Canandaigua City Court, Ontario County, held that: (1) “impounded” as stated in § 356 of the Agriculture and Markets Law does not apply to individual persons, and (2) even if the statute applied to individual persons, the allegations in the Information were not facially sufficient. The court reasoned § 356 does not apply to individual persons, but instead applies only to “pounds” operated by not-for-profit organizations, or kennels where animals are confined for hire. The court also stated that even if § 356 were to apply to individuals, under no construction of the facts here could the charge be sustained, as it appeared that the animals were properly cared for in the Defendant's apartment up to the point where she was forcibly detained. The conditions observed by law enforcement authorities on the date alleged in the Information were apparently several days after Meadow's incarceration and after which she was unsuccessful in securing assistance for the dogs while incarcerated. The Information was dismissed with prejudice, and the People's application for leave to file an amended or superseding Information was denied.

Case
TX - Endangered Species - Chapter 68. Endangered Species V. T. C. A., Parks & Wildlife Code § 68.001 - 021 TX PARKS & WILD § 68.001 - 021 Texas defines endangered species as those listed on the federal ESA List as well as those designated in the state. No person may capture, trap, take, or kill, or attempt to capture, trap, take, or kill, endangered fish or wildlife nor may he or she possess, sell, distribute, or offer or advertise for sale those species (unless allowed as described in the subchapter). Notably, this chapter excepts from its provisions coyotes, cougars, bobcats, prairie dogs, and red foxes (with no mention as to what occurs in the event they become endangered). Violation of the provisions results in a Class C Parks and Wildlife Code misdemeanor for the first offense, a Class B misdemeanor for the second offense, and a Class A misdemeanor for subsequent offenses. Statute

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