Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| SIRMANS v. THE STATE | 244 Ga. App. 252 (2000) |
Criminal defendant was convicted of four counts of animal cruelty and one count of simple assault. The motion to suppress was properly denied, because the search was authorized under the "plain view" doctrine and any objections regarding photographs were subsequently waived when they were tendered into evidence without objection. The trial court did not have authority to deprive defendant of animals which the State failed to demonstrate were neglected or abused, because such animals were not contraband or evidence of a crime. |
Case | ||
| Orangutana, Sandra s/ Habeas Corpus | Orangutana, Sandra s/ Habeas Corpus | This decision was decided on an appeal of the writ of habeas corpus brought on behalf of an orangutan named Sandra after it was denied in its first instance. Pablo Buompadre, President of the Association of Officials and Attorneys for the Rights of Animals (AFADA) brought a writ of habeas corpus against the Government of the Autonomous City of Buenos Aires and the City Zoological Garden of Buenos Aires on behalf of the hybrid of two different orangutan species, Sandra. AFADA sought the immediate release and relocation of Sandra to the primate sanctuary of Sorocaba, in the State of Sao Paulo in Brazil. AFADA argued that Sandra had been deprived illegitimately and arbitrarily of her freedom by the authorities of the zoo, and that her mental and physical health was at the time deeply deteriorated, with imminent risk of death. For the first time, basic legal rights were granted to an animal. In this case, Argentina’s Federal Chamber of Criminal Cassation ruled that animals are holders of basic rights. The Court stated that “from a dynamic and non-static legal interpretation, it is necessary to recognize [Sandra] an orangutan as a subject of rights, as non-human subjects (animals) are holders of rights, so it imposes her protection." | Case | ||
| HI - Vehicle - § 291C-124. Obstruction to driver's view or driving mechanism | H R S § 291C-124 | HI ST § 291C-124 | This Hawaii law states that no person shall hold in his or her lap or allow to be in the driver's immediate area any animal that interferes with the "driver's control over the driving mechanism of the vehicle." | Statute | |
| NJ - Fur - Unlawful Trapping (Article 2. Manner, Means and Times of Hunting) | NJSA 23:4-20 to 23:22.8 | NJ ST 23:4-20 to 23:22.8 | This set of New Jersey laws describes what constitutes "unlawful trapping." The section prohibits pole traps with a fine of $20 for each pole trap illegally used. Further, the law states that no person shall manufacture, sell, offer for sale, possess, import, transport or use an animal trap of the steel-jaw leghold type. A person using a steel-jaw leghold type animal trap shall be fined not less than $50.00 nor more than $250.00 for a first offense; not less than $250.00 nor more than $500.00 for a second offense; not less than $500.00 nor more than $2,500.00 for a third or subsequent offense. | Statute | |
| Martinez v. State | 48 S.W.3d 273 (Tex. App. 2001). |
A jury may infer a culpable mental state ("intentionally and knowingly") from the circumstances surrounding the offense of cruelty to animals. |
Case | ||
| Western Watersheds Project v. Kraayenbrink | 632 F.3d 472 (9th Cir., 2011) |
Plaintiff environmental advocacy organization sued the Bureau of Land Management (BLM) for revisions to nationwide grazing regulations for federal lands. Plaintiff argued that the 2006 Regulations violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Federal Land Policy and Management Act (FLPMA). The Court of Appeals found for the plaintiff, holding that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed regulatory changes. BLM also violated the ESA by failing to consult with Fish and Wildlife Service (FWS) before approving the revisions. The FLPMA claim was remanded. |
Case | ||
| US - Eagle - Endangered and Threatened Wildlife and Plants; Reopening of Comment Period | 1995 WL 121178 (F.R.) |
The U.S. Fish and Wildlife Service (Service) is reopening the comment period on the bald eagle reclassification proposal for thirty days. On July 12, 1994, the Service proposed reclassifying the bald eagles of the lower 48 States as threatened, except those already listed as threatened and those of the Southwestern Recovery Region and Mexico. The bald eagles of the Southwestern Recovery Region were proposed to remain listed as endangered. The Service also proposed classifying bald eagles in Mexico as endangered; they are not currently listed as endangered or threatened. Specific public comment was solicited on the status of bald eagles in the Southwest and Mexico and the distinctness of those eagles as a separate population. New information indicates that the Southwestern and Mexican bald eagles may not warrant a classification as endangered. The Service is making available for public review and comment information recently received about bald eagles of the Southwestern Recovery Region. |
Administrative | ||
| US - Chimpanzees - Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List All Chimpanzees (Pan trog | 2011 WL 3840975 (F.R.) | Docket No. FWS-R9-ES-2010-0086; MO 92210-1111F113 B6 |
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list all chimpanzees (Pan troglodytes) as endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing all chimpanzees as endangered may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the entire species as endangered is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act. |
Administrative | |
| Colombia, LEY 1801 DE 2016, National Code of Police and Coexistence | LEY 1801 DE 2016 | This is the National Code of Police and coexistence. Under Title XIII entitled, “Of the Relationship with Animals," this law regulates concerns to the relationship of humans and domestic animals, the responsibilities that owners have towards their pets, and the responsibilities pet owners have towards society. It regulates topics such as domestic animals in public places and public transportation; the creation of animal welfare centers in districts and municipalities to provide attention to abandoned animals; behaviors that pet owners must avoid to not disrupt the healthy and peaceful coexistence of the members of society; and the general provisions regarding the treatment of potentially dangerous dogs. | Statute | ||
| MO - Exotic - Chapter 578. Miscellaneous Offenses. Large Carnivores | V.A.M.S. 578.600 - 578.625 | MO ST 578.600 - 578.625 | The “Large Carnivore Act” pertains to large cats and bears that are nonnative to Missouri and held in captivity. The Act prohibits ownership, possession, breeding, and transportation of large carnivores (with exceptions). The Act creates civil and criminal liability for persons who own or possess a large carnivore. Violations may result in misdemeanor or felony convictions, community service work, the loss of privileges to own or possess any animal, and forfeiture of a large carnivore. | Statute |