Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Coyote v. U.S. Fish and Wildlife Service | (no F.Supp. citation) 1994 E.D. California |
Defendant brought a motion after the USFWS denied his application to obtain eagle feathers for religious use where defendant failed to obtain certification from the Bureau of Indian Affairs that he was a member of a federally-recognized tribe. The court held that this requirement is both contrary to the plain reading of that regulation and arbitrary and capricious. For discussion on formerly recognized tribes and the BGEPA, see Detailed Discussion. |
Case | ||
| Oregon Natural Desert Ass'n v. Kimbell | Slip Copy, 2008 WL 4186913 (D.Or.) |
After filing a complaint challenging certain decisions by the United States Forest Service and the National Marine Fisheries Service authorizing livestock grazing within a national forest, Plaintiffs filed a Motion for Temporary Restraining Order and/or Preliminary Injunction seeking an order prohibiting the authorization of livestock grazing on certain public lands until Plaintiffs’ claims could be heard on the merits. The United States District Court, D. Oregon granted Plaintiffs’ motion, finding that Plaintiffs are likely to succeed on the merits of at least one of its claims, and that Plaintiffs made a sufficient showing that irreparable harm would likely occur if the relief sought is not granted. |
Case | ||
| CA - Licenses - City dog license tags; compliance with division | West's Ann. Cal. Food & Agric. Code § 30502 | CA FOOD & AG § 30502 | This California statute provides that any dog tag issued pursuant to ordinance by a city or county will be valid provided it complies with this division, provides for the wearing of the license tag upon the collar of the dog, and provides for the keeping of a record which shall establish the identity of the person that owns or harbors the dog. | Statute | |
| EU - Farming - Egg regulation, Number 557 | (EC) Number 557/2007 |
In May 2007, the Commission passed an egg regulation, Number 557, building upon the prior one (Number 1028) and delineating detailed marketing standards for eggs. The Regulation sets out rules, applicable to virtually all hen eggs sold in the EU, for the quality and weight grading, packaging, marking, storage, transport and presentation for retail sale of eggs, to ensure that they are marketed on an evenhanded, competitive basis. Though the regulation’s focus is primarily on egg marketing rather than animal welfare, it includes certain provisions that bear upon animal welfare. For instance, the regulation sets out detailed requirements for hen living conditions that must be met before eggs can qualify as “free range,” including open-air runs of low hen density.
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Statute | ||
| Andrews v. City of West Branch Iowa | 454 F.3d 914 (8th Cir., 2006) |
Appellants filed a suit against defendant, City of West Branch, Iowa and former police chief Dan Knight, seeking damages and relief under Section 1983. The dog was killed by Knight in the owners' fenced backyard in view of one of the plaintiffs. The district court's grant of summary judgment for the officer was reversed and the case was remanded for a jury trial. |
Case | ||
| KS - Rabies - 9-18-5 Importing dogs and cats. | K.A.R. 9-18-5 | KS ADC 9-18-5 | This Kansas regulation states that dogs and cats shall not be imported into Kansas unless accompanied by a certificate of veterinary inspection issued by a licensed veterinarian and vaccinated against rabies with a product licensed by the U.S.D.A., with the duration of immunity and method of administration in accordance with the manufacturer's guidelines. Dogs and cats under three months of age shall not be required to be vaccinated against rabies. | Administrative | |
| Warren v. Commonwealth | 822 S.E.2d 395 (Va. Ct. App., 2019) | 69 Va. App. 659, 2019 WL 189386 (Va. Ct. App., 2019) | Warren, the defendant in this case, videotaped on his cell phone sexual encounters he had with K.H. and her dog. The videos showed the dog's tongue penetrating K.H.'s vagina while K.H. performed oral sex on Warren. In March of 2017, Deputy Sheriff Adam Reynolds spoke to Warren about an unrelated matter. Warren asked if "bestiality type stuff" was "legal or illegal," described the cellphone videos, and offered to show them to Reynolds. Reynolds contacted Investigator Janet Sergeant and they obtained a search warrant and removed the videos from Warren's cellphone. Warren was indicted and moved to dismiss the indictment arguing that Code § 18.2-361(A), which criminalizes soliciting another person to "carnally know a brute animal or to submit to carnal knowledge with a brute animal," is facially unconstitutional and unconstitutional as applied to him. "He argued that the conduct depicted in the videos could not be subject to criminal sanction because it amounted to nothing more than consensual conduct involving adults." The trial court denied Warren's motion to dismiss. The trial court convicted Warren of the charged offense. Warren appealed again challenging the constitutionality of the offense and that it violated his due process rights. Warren relied on a Supreme Court case, Lawrence v. Texas, which held that two adults engaging in consensual homosexual sexual practices was protected by the due process clause. He argued that the reasoning of Lawrence applies with equal force to his case. The Court of Appeals reasoned that although Code § 18.2-361(A) cannot criminalize sodomy between consenting adults, it can continue to regulate other forms of sodomy, like bestiality. "If Lawrence, which involved a prohibition on same-sex sodomy, did not facially invalidate the anti-sodomy provision of then Code § 18.2-361(A), it defies logic that it facially invalidates the bestiality portion of the statute that existed before the 2014 amendment and is all that remains after that amendment." Even though Warren claims his right as "the right of adults to engage in consensual private conduct without intervention of the government," the court concluded that the right he is actually asserting is the right to engage in bestiality. Code § 18.2-361(A) "does not place any limitation on the rights of consenting adults to engage in private, consensual, noncommercial, sexual acts with each other." The only act it prohibits is sexual conduct with a brute animal. Therefore, the only right the statute could possibly infringe on wold be the right to engage in bestiality. The Commonwealth has a legitimate interest in banning sex with animals. The Court of Appeals held that the General Assembly's prohibition of bestiality does not violate the Due Process Clause of the Constitution. The Court rejected Warren's challenge to the constitutionality of the statute and affirmed the judgment of the trial court. | Case | |
| AZ - Cruelty - Consolidated Cruelty/Animal Fighting Statutes | A. R. S. § 12-1011; § 13-2910 - 12; § 13-1411 | AZ ST § 12-1011; § 13-2910 - 12; § 13-1411 | The Arizona section contains the state's anti-cruelty and animal fighting provisions. A person commits cruelty to animals if he or she intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment, fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control, inflicts unnecessary physical injury to any animal, or recklessly subjects any animal to cruel mistreatment, among other things. Animal is defined as a mammal, bird, reptile or amphibian. Exclusions include hunting and agricultural activities in accordance with those laws and regulations in Arizona. Intentionally attending a dogfight is a felony under this provision whereas attendance at a cockfight is a misdemeanor. | Statute | |
| Maine Laws: Chapter 182 'Lands reserved for public uses.' | 1883 Me. Laws 182 | The act concerns the allocation of land for the public use within a township. | Statute | ||
| “ASOCIACIÓN DE FUNCIONARIOS Y ABOGADOS POR LOS DERECHOS DE LOS ANIMALES Y OTROS C/ GCBA S/ AMPARO” | Orangutana Sandra-Sentencia de Cámara- Sala I del Fuero Contencioso Administrativo y Tributario CABA | Courtroom I of the Chamber of Appeals in Contentious Administrative and Tax Matters of the City of Buenos Aires ruled that the technical reports presented by the experts for the improvement of the orangutan Sandra’s living conditions showed enough evidence to conclude that it was not in the best interest of the orangutan to transfer her to a sanctuary or to transfer her to her natural habitat. Thus, the court accepted and ordered a series of measures in order to guarantee her welfare conditions. | Case |