Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| OR - Endangered Species - Chapter 496. Application, Administration and Enforcement of Wildlife Laws. | O. R. S. § 496.171 - 996; 498.026 | OR ST § 496.171 - 996; 498.026 | These Oregon statutes set out the definitions and rules relating to the Oregon endangered species laws. Specifically, Oregon law provides rules for listing based on the federal ESA list as well as the state criteria. Violation of the law constitutes a Class A misdemeanor with an enhanced felony provision for subsequent convictions involving certain species (i.e., taking of game fish with a total value of $200 or more or the taking of antelope, black bear, cougar, deer, elk, moose, mountain goat or mountain sheep in violation of the wildlife laws) within a ten-year period. | Statute | |
| Griffith v. State | Griffith v. State, 43 S.E. 251 (G.A. 1903). |
Defendant was indicted under Ga. Penal Code § 703, which prohibited one from instigating, engaging in, or doing anything furtherance of the an act or cruelty to a domestic animal. Ga. Penal Code § 705 defined cruelty as every willful act, omission or neglect, whereby unjustifiable physical pain, suffering, or death is caused or permitted. The court affirmed the conviction, finding that the law provided that a domestic animal, such as a horse, should be sheltered and cared for by his owner. The jury was authorized to find that the defendant willfully abandoned the horse by turning the horse out to the elements, and failing to feed, shelter, or care for the animal. Such conduct was "willful." The court affirmed the judgment of the superior court on the jury's conviction of defendant for cruelty to animals. |
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| MO - Pet Shop - Animal Care and Facilities Licensing and Regulation (Chapter 273) | V.A.M.S. 273.325 - 359 | MO ST 273.325 - 359 | Under these Missouri statutes, a license is required to operate animal boarding facilities, pet shops, pounds, dealers and commercial breeders. The canine cruelty prevention act makes it the crime of canine cruelty if the person poses a substantial risk to the health and welfare of animals in the person's custody. A violation is a misdemeanor. | Statute | |
| Carter v. Ide | 188 S.E.2d 275 (Ga.App. 1972) | 125 Ga.App. 557 (Ga.App. 1972) |
This Georgia case involves an action for injuries received by a boy after he was attacked by the defendant's dog. The lower court granted summary judgment to the defendant and the plaintiffs appealed. The Court of Appeals held that where there was no showing that the dog ever so much as growled at a human being before the attack, the owner of dog was not liable for injuries. Evidence that the dog previously chased a cat and had engaged in a fight with another dog was insufficient to show the owner's knowledge of the dog's vicious tendencies toward humans to create liability for the owner.
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| NV - Research - 574.205. Requirement to offer dog or cat for adoption before euthanization; immunity from civil liability | N. R. S. 574.205 | NV ST 574.205 | This Nevada law, enacted in 2015, mandates that a research facility that intends to euthanize a dog or cat for any purpose other than scientific, medical or educational research shall, before euthanizing the dog or cat, offer the dog or cat for adoption if the dog or cat is appropriate for adoption. This adoption may be completed through an adoption program of the research facility or through a collaborative agreement with an animal rescue organization. | Statute | |
| NV - Exotic Wildlife - NAC 504.471 Restrictions on shipment, transportation and exportation of wildlife | NV ADC 504.471 | NAC 504.471 | This administrative provision restricts the shipment, transportation and exportation of wildlife subject to limited exceptions. | Administrative | |
| Fuller v. Vines | 36 F3d 65 (9th Cir. 1994) |
Motion for leave to amend § 1983 civil rights complaint to add claims that police officer violated Fourth Amendment by shooting pet dog and by pointing gun at one plaintiff was denied and the United States District Court for the Northern District of California entered summary judgment in favor of police officers and city. Plaintiffs appealed. The Court of Appeals held that: (1) killing of pet dog stated Fourth Amendment violation, but (2) no seizure of plaintiff occurred when police pointed gun. |
Case | ||
| NM - Endangered Species - Chapter 17. Game and Fish and Outdoor Recreation. | N. M. S. A. 1978, § 17-2-37 to 17-2-46 | NM ST § 17-2-37 to 17-2-46 | These statutes comprise the New Mexico Wildlife Conservation Act. Included in the provisions are definitions related to the statute, legislative policies, and regulations for listing or delisting species. Violation of the Act constitutes a misdemeanor and can incur a penalty from $50 - 1,000 depending on the categorization of the species taken. | Statute | |
| MD - Veterinary - State Board of Veterinary Medical Examiners. | MD Code, Agriculture, § 2-301 - 316 | MD AGRIC § 2-301 - 316 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute | |
| Humane Society of the United States v. Kempthorne | 579 F.Supp.2d 7 (D.D.C. 2008) | 68 ERC 1146 (2008) |
Environmental and wildlife organizations brought challenge under the Endangered Species Act [ESA] against a final rule promulgated by the U.S. Fish and Wildlife Service [FWS] designating the Western Great Lakes distinct population segment of gray wolves and simultaneously delisting it from the ESA. The court vacated and remanded the Rule to the Fish and Wildlife Service because the ESA was ambiguous about whether it authorized the FWS to simultaneously designate and delist a distinct population segment. There was no Chevron deference due. |
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