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Title Citation Alternate Citation Summary Type
Animal Liberation Ltd v National Parks & Wildlife Service [2003] NSWSC 457

The applicants sought an interlocutory injunction to restrain the respondent from conducting an aerial shooting of goats as part of a 'cull'. The applicants claimed that the aerial shooting constituted cruelty as the goats, once wounded, would die a slow death. An injunction was granted to the applicants pending final hearing of the substantive action against the aerial shooting.

Case
Mississippi Bluff Motel Inc. v. Rock Island County 420 N.E.2d 748 (1981)

The State of Illinois seeks to intervene as a protector of wildlife in a zoning action where the property at issue was adjacent to a bald eagle refuge.  The court denied the state's request, finding that it did not have a stake in the litigation as it held no property interest nor was it representing a special class of people.  Instead, the court found the state's interest speculative and the immediacy of harm was nonexistent, as it would create "bad law" to allow the State to intervene whenever there was a potential ecological or environmental consequence in a civil lawsuit.  For further discussion on the federal Bald and Golden Eagle Protection Act, see Detailed Discussion of Eagle Act .

Case
Wales - Dogs - The Animal Welfare (Breeding of Dogs) (Wales) Regulations 2014 2014 No. 3266 (W. 333) Regulations to license persons breeding dogs in Wales. Statute
Vanater v. Village of South Point 717 F. Supp. 1236 (D. Ohio 1989)

Village criminal ordinance, which prohibited the owning or harboring of pit bull terriers or other vicious dogs within village limits, was not overbroad, even though identification of a "pit bull" may be difficult in some situations, as there are methods to determine with sufficient certainty whether dog is a "pit bull.".

Case
PA - Dog - § 550. General immunity from noise 3 P.S. § 550 PA ST 3 P.S. § 550 This Pennsylvania statute provides that all owners and operators of dog training and special retriever training areas licensed by the Pennsylvania Game Commission shall be exempt and immune from any civil action or criminal prosecution in any manner relating to noise provided they were and remain in compliance with any applicable noise control laws or ordinances at the time the permit for establishment of the training area was authorized. Statute
N.Y. Pet Welfare Ass'n, Inc. v. City of N.Y. 850 F.3d 79 (2d Cir. 2017)

In 2015, New York City enacted a group of laws aimed at dealing with problems associated with the companion animal business in the city by regulating the sale of dogs and cats in pet shops. On the day the laws were to go into effect, the New York Pet Welfare Association (NYPWA) filed suit challenging two of the laws. The first law, the “Sourcing Law,” required that pet shops sell only animals acquired from breeders holding a Class A license issued under the federal Animal Welfare Act (AWA). The second law law, the “Spay/Neuter Law,” required that pet shops sterilize each animal before releasing it to a consumer. NYPWA argued that the Sourcing Law violated the “dormant” Commerce Clause and is preempted by the AWA, and that the Spay/Neuter Law is preempted by New York law. The district court dismissed NYPWA’s complaint and the 2nd Circuit Court of Appeals affirmed the district court’s decision. First, the 2nd Circuit determined that the Sourcing Law did not violate the Commerce Clause because it did not discriminate against interstate commerce. The 2nd Circuit found that the Sourcing Law may make it difficult for certain out of state breeders to sell to city shops, but so long as breeders from other states are allowed to sell in the city, then it is not considered to be discriminatory. Also, the 2nd Circuit found that NYPWA was unable to show that any incidental burden that the Sourcing Law placed on out of state breeders was excessive and therefore the law passed under the Pike Balancing test. Lastly, the 2nd Circuit determined that the Spay/Neuter Law was not preempted by New York Law because NYPWA failed to identify a single New York statute or case that suggests that the new law would be preempted in any way. As a result, the 2nd Circuit affirmed the district court’s ruling.

Case
PA - Hunting, Internet - § 7641. Computer-assisted remote harvesting of animals 18 Pa.C.S.A. § 7641 18 Pa. Stat. and Consol. Stat. Ann. § 7641 (West) This statute prohibits computer-assisted remote hunting and the operation of computer assisted hunting facilities in the state of Pennsylvania. Violation is a misdemeanor of the third degree. Statute
AR - Batesville - Breed - Pit Bull Ordinance. Sec. 6.04.12 Vicious animals-quarantine required BATESVILLE, AR., MUNICIPAL CODE, § 6.04.12 (2010)

In Batesville, Arkansas, pit bull dogs are banned and may not be owned or kept within the City, with exceptions for dogs that were licensed prior to the effective date of the Ordinance. In this case, the owner must provide proof of sterilization, rabies vaccination, liability insurance of $100,000, and keep the dog properly confined and display a “Beware of Dog” sign.

Local Ordinance
MA - Horse - § 3. Sleigh or sled; bells M.G.L.A. 89 § 3 This Massachusetts law states that no person shall travel on a way with a sleigh or sled drawn by a horse, unless there are at least three bells attached to some part of the harness. Statute
U.S. v. Thomas 887 F.2d 1341 (9th Cir. 1989)

The issue in this case is whether Edward A. Thomas, a Montana hunting guide and outfitter, may be found guilty of conspiracy to violate the Lacey Act where the alleged object of the conspiracy was "to transport, receive and acquire elk in interstate commerce ... in violation of Montana state hunter's law."  The Court held that while a prosecution under the Lacey Act may not be sustained for the substantive acts of selling guiding services and hunting permits, an action can be maintained for conspiracies to violate the Act through these types of acts.  In this case, the underlying violations were acts of hunting with a transferred license or permit where the acts were allegedly committed by others.

Case

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