Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| U.S. v. One Afghan Urial Ovis Orientalis | 964 F.2d 474 (5th Cir. 1992) |
Claimant appeals the order granting summary judgment to the government in a order of forfeiture under the Lacey Act for the hide and parts of a sheep killed in Pakistan and exported to the U.S. Claimant argues that because there is no national Pakistani law enacted for the protection of wildlife, no Pakistani law interferes with his right to remove the respondent sheep from Pakistan based upon the provincial permit. The court disagreed, noting the Pakistan Constitution honors provincial law to the extent that it does not conflict with national law and Pakistani law prohibits the export of "wild animal skins and garments made from such skins, products or derivatives of such skins." The Court held that the Government established probable cause for the forfeiture, and Claimant did not demonstrate that any genuine issue of material fact exists which would preclude the award of summary judgment. |
Case | |
| Stout v. U.S. Forest Service | 2011 WL 867775 (2011) |
Plaintiff ranch owners grazed cattle within the Murderer's Creek Wild Horse Territory (WHT), an area in which the threatened Middle Columbia River steelhead was present. The Forest Service approved a wild horse management plan in the area, but failed to prepare a Biological Assessment (BA) to determine whether the plan was likely to affect the threatened species, and whether formal consultation with the National Marine Fisheries Service (NMFS) was necessary. The Forest Service’s failure to comply with section 7(a)(2) of the Endangered Species Act (ESA) was arbitrary and capricious, and was ordered to consult with NMFS on its plan. |
Case | |
| Puppies 'N Love, v. City of Phoenix | 116 F. Supp. 3d 971 (D. Ariz. 2015) | 2015 WL 4532586 (D. Ariz., 2015) | Defendant City of Phoenix passed an ordinance that prohibited pet stores from selling dogs or cats obtained from persons or companies that bred animals; pet stores could only sell animals obtained from animal shelters or rescue organizations. Puppies 'N Love operated a pet store in Phoenix that sold purebred dogs obtained from out-of-state breeders. Puppies 'N Love and its owners sued the City, claiming primarily that the Ordinance violated the dormant Commerce Clause of the United States Constitution by closing the Phoenix market to out-of-state breeders and giving an economic advantage to local breeders. All parties, including Intervenor Humane Society of the United States (“HSUS”), filed motions for summary judgment. The District Court granted the Intervenor’s and the city’s motions, but denied Puppies ‘N Love’s motion, thereby upholding the ordinance. | Case |
| Animal Legal Defense Fund v. Otter | 44 F. Supp. 3d 1009 (D. Idaho 2014) | 2014 WL 4388158 (D. Idaho, 2014) | In a ‘hold your tongue and challenge now’ First Amendment challenge to an Idaho statute that criminalizes undercover investigations and videography at “agricultural production facilities,” the Animal Legal Defense Fund, as well as various other organizations and individuals, (collectively, “ALDF”), brought suit. The State defendants, Governor Butch Otter and Attorney General Lawrence Wasden, moved to dismiss the ALDF's claims. The claims against the Governor were dismissed under 11th Amendment immunity because the ALDF failed to explain the requisite connection between the Governor and enforcement of section 18–7024. The court also found that since the ALDF failed to allege a concrete plan to violate subsection (e), it lacked standing to challenge section 18–7042(1)(e) and the claim in regards to that provision was therefore dismissed. However, the ALDF’s First Amendment, bare animus Equal Protection, and preemption claims survived the motion to dismiss. | Case |
| GA - Wildlife, transportation - Article 3. Transportation | Ga. Code Ann., § 27-3-90 to 94 | GA ST § 27-3-90 to 94 | This GA statute pertains to transporting wildlife. It is unlawful to transport any wildlife taken in this state without a license or permit. It is unlawful to transport wildlife by a carrier unless the person files with the carrier a written statement giving his name and address and the number of wildlife to be transported and specifying that he lawfully took the wildlife. It is unlawful to transport any wildlife (or parts) for propagation or scientific purposes without a valid scientific collecting permit. | Statute |
| CA - Trapping - Chapter 2. Fur-Bearing Mammals Article 1. Trapping Provisions | West's Ann. Cal. Fish & G. Code § 4000 - 4012 | CA FISH & G § 4000 - 4012 | These provisions regulate the fur trade. Fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison (with permit), or with the use of dogs. It is illegal to trap without a license and certain types of traps are not allowed. Fur dealers must have a license, with exceptions. Fur dealers are required to maintain complete records and are prohibited from purchasing raw furs from any person who does not hold a valid trapping license, fur dealer license, or fur agent license. | Statute |
| Forest Conservation Council v. Rosboro Lumber Co. | 50 F.3d 781 (C.A.9 (Or.),1995) | 25 Envtl. L. Rep. 20,706 (1995) |
In this case, an environmental group filed a citizen suit under the Endangered Species Act (ESA) seeking an injunction to prevent modification of the habitat of a pair of spotted owls by defendant-logging company. The United States District Court for the District of Oregon entered summary judgment for the logging company. The Court of Appeals reversed and remanded. The Court found the issue on appeal is whether the district court correctly interpreted the ESA to foreclose citizen suits that only allege a future injury to a protected species. The Court held that the ESA's language, purpose, and structure authorize citizens to seek an injunction against an imminent threat of harm to a protected species. The proposed clear-cutting logging activity was imminent and reasonably certain to injure the owl pair by significantly impairing their essential behavioral patterns.
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Case |
| Humane Society of U.S. v. Johanns | Slip Copy, 2007 WL 1120404 (D.D.C.) |
In this case, plaintiffs alleged that by creating a fee-for-service ante-mortem horse slaughter inspection system without first conducting any environmental review under the National Environmental Policy Act (NEPA), has violated NEPA and the Council on Environmental Quality's (CEQ's) implementing regulations, abused its discretion, and acted arbitrarily and capriciously in violation of the Administrative Procedure Act (APA). At the time Plaintiffs filed their Complaint, horses were slaughtered at three different foreign-owned facilities in the United States to provide horse meat for human consumption abroad and for use in zoos and research facilities domestically. The instant case pertains to the web of legislation and regulations pertaining to the inspection of such horses prior to slaughter. Based on the Court's finding of a NEPA violation, the Court declared the Interim Final Rule to be in violation of the APA and NEPA, vacated the Interim Final Rule, permanently enjoined the FSIS from implementing the Interim Final Rule, and dismissed this case. This present action is defendant-intervenor Cavel International, Inc's Emergency Motion for a Stay of the Court's March 28, 2007 Order. The Court notes that as of the Court's March 28, 2007 Order, Cavel was the only facility still in operation processing horsemeat for human consumption. The Court finds that a stay of its March 28, 2007 Order would not be in the public interest, and particularly in light of Cavel's failure to demonstrate a likelihood of success on the merits and adequately demonstrate irreparable injury, the Court finds that a balancing of the factors enumerated above supports denying Cavel's request for a stay. |
Case | |
| Hannah v. State | --- A.3d ----, 2024 WL 885161 (Md. Ct. Spec. App. Mar. 1, 2024) | 2024 WL 885161 (Md.App., 2024) | This case is an appeal of the defendant's conviction on multiple counts of aggravated cruelty to animals, and abuse or neglect of animals. Defendant appeals the felony convictions of aggravated cruelty to animals, arguing that the animal's pain and suffering was caused by neglect rather than any intentional acts. The animals were seized from the defendant's home, where they were found to be lacking food, water, space, and sufficient veterinary care. A veterinarian testified that the animals were underweight, dehydrated, and many had wounds that were not properly treated. Defendant argues that this treatment constitutes abuse or neglect, and that is what the legislature intended to be punished as a misdemeanor. The court considered the use of the word "torture" under the statute, finding that as the actor's conduct is intentional, and results in pain and suffering to the animal, the definition applies. Here, the court finds that there was sufficient evidence that the actions were intentional and resulting in pain and suffering, so the defendant tortured the animals. Accordingly, the court affirmed the judgment of the lower court. | Case |
| Decreto 780 | Decreto 780 | Decreto 780, 2016, establishes standards and regulations for the control of epidemics and zoonotic diseases. Article 2.8.5.2.19 establishes the duty to vaccinate domestic animals in accordance with the legal standards against preventable zoonotic diseases. Article 2.8.5.2.20 prohibits the sale and commercialization of any animals on public roads. This law also prohibits the establishment of breeding facilities in urban areas of domestic, wild, or exotic animals. | Statute |