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Displaying 51 - 60 of 6638
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| US - Critical Habitat - Critical Habitat Listing for Five Endangered Mussels in the Tennessee and Cumberland River Basins | 2004 WL 1924143 (F.R.) | 50 CFR Part 17, RIN 1018-AI76 |
The FWS has designated designate 13 river and stream segments in the Tennessee Cumberland River Basins, for a total of approximately 885 river as critical habitat for five endangered mussels: Cumberland elktoe ( Alasmidonta atropurpurea ), oyster mussel ( Epioblasma capsaeformis ), Cumberlandian combshell ( Epioblasma brevidens ), purple bean ( Villosa perpurpurea ), and rough rabbitsfoot ( Quadrula cylindrica strigillata ). All five mussels belong to the Unionidae family. |
Administrative | |
| Animal Law Index Volume 16, Part 2 |
Animal Law Review, Volume 16, Issue 2 (Spring 2010)
INTRODUCTIONINCORPORATING ANIMAL LAW INTO PRIVATE PRACTICE
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Policy | |||
| People for Ethical Treatment of Property Owners v. U.S. Fish and Wildlife | 57 F.Supp.3d 1337 (D. Utah 2014) | Plaintiff People for the Ethical Treatment of Property Owners (“PETPO”) filed the instant lawsuit against United States Fish and Wildlife Service, Daniel M. Ashe, in his official capacity as Director of the United States Fish and Wildlife Service, Noreen Walsh, in her official capacity as Regional Director of the United States Fish and Wildlife Service's Mountain Prairie Region, the United States Department of the Interior, and Sally Jewell, in her official capacity as Secretary of the Interior (collectively “Defendants”), challenging the constitutional authority of the federal government to regulate take of the Utah prairie dog on non-federal land under the Endangered Species Act (“ESA”). Friends of Animals (“FoA”) intervened as a Defendant. The case before the District Court rests on the parties' opposing motions for summary judgment. The District Court found that although the Commerce Clause authorized Congress to do many things, it did not authorize Congress to regulate takes of a purely intrastate species that had no substantial effect on interstate commerce. Congress similarly lacked authority through the Necessary and Proper Clause because the regulation of takes of Utah prairie dogs was not essential or necessary to the ESA's economic scheme. Therefore PETPO's Motion for Summary Judgment was GRANTED, with prejudice; Defendants' Cross–Motion for Summary Judgment was DENIED, with prejudice. Held 50 C.F.R. § 17.40(g) Unconstitutional | Case | ||
| IA - Lost Property - Chapter 556F. Lost Property | I. C. A. § 556F.1 - 18 | IA ST § 556F.1 - 18 | This section comprises Iowa's Lost Property Act. The lost property provisions and procedures cover "any lost goods, money, bank notes, or other things of any description whatever, of the value of five dollars and over." | Statute | |
| CA - Horse slaughter - § 597o. Humane transportation of equine to slaughter; vehicle requirements; | West's Ann. Cal. Penal Code § 597o | CA PENAL § 597o | This statute outlines the requirements for transporting equine to slaughter, including, but limited to, proper ventilation, sufficient space for equine to stand, and the use of ramps and floors with nonskid surfaces. | Statute | |
| Hurd v. State | 988 A.2d 1143 (Md. App., 2010) | 2010 WL 366582 (Md.App.), 190 Md.App. 479 (2010) |
In this Maryland case, Defendant appealed his convictions for two counts of aggravated cruelty to animals and two counts of malicious destruction of property valued under $500 relating to the fatal shooting of two of his neighbor's (Randolph's) dogs. On appeal, Defendant maintains the language of the former text of 10-416(b)(3), a section of the Natural Resources Code dealing with deer hunting, renders the shooting justifiable. The Court found that Section 10-416(b)(3) is ambiguous; as such, based on the rule of lenity, the Court construed section 10-416(b)(3), with one exception, as giving persons in Washington County (prior to the 2009 amendment) a right to kill a dog pursing a deer whether or not the dog was being used for purposes of deer hunting. However, the Court found that Section 10-416 of the Natural Resources Article gave Defendant no privilege to kill a dog pursuing a turkey. |
Case | |
| VOLPE VITO, INC. v. UNITED STATES DEPARTMENT OF AGRICULTURE | 58 Agric. Dec. 85 (1999) | 1999 WL 33314002 (U.S.D.A.) | Judicial officer is not required to accept ALJ's findings of fact, even when those findings are based on credibility determinations, and judicial officer is authorized to substitute his or her judgment for that of ALJ. | Case | |
| Ecuador - Environmental - Organic Procedural Code | Ley 0 Registro Oficial Suplemento 506 de 22-may, 2015 | Ecuador's COGEP | This excerpt is from Ecuador's General Procedural. It contains provisions concerning the representation of nature. These provisions state that any person may file a lawsuit claiming damages on behalf of nature. More specifically, under the articles in Chapter II, nature can be legally represented by any person, entity, collectivity, or by the ombudsperson, who may also act on their initiative. Article 30 establishes who can be a plaintiff and a defendant. Nature is within the definition of these parties. | Statute | |
| Smith v. State | 491 S.W.3d 864 (Tex. App. 2016), petition for discretionary review refused (Aug. 24, 2016) | 2016 WL 1444143, 14-15-00037-CR, 2016 WL 1444143, (Tex. App.--Hous. [14th Dist.] Apr. 12, 2016) | Defendant Jonas Smith was convicted of aggravated assault and appealed. He argued that the trial court (1) erred by denying his motion to suppress his warrantless arrest; (2) abused its discretion by failing to grant a mistrial after the Plaintiff referenced the Defendant’s previous incarceration; and (3) abused its discretion by allowing a child witness to testify with the assistance of a service dog. The Court of Appeal of Texas, Houston (14th Dist.)., held that: 1. The police officer had probable cause to believe that the defendant committed an act of family violence, which justified his warrantless arrest; 2. any prejudice resulting from the Plaintiff’s reference to Defendant's prior incarceration was cured by prompt jury instruction to disregard reference; 3. allowing the child witness to testify with the assistance of a service dog was not likely to prejudice the jury in evaluating the child's testimony; and 4.any error in allowing the witness to testify with the assistance of a service dog was harmless. The Court of Appeals reasoned that the defendant did not present any argument during the trial about the jury being prejudiced by the presence of the service dog. Therefore, there was nothing present for review at the appellate level. Also, the Defendant did not identify any harm from the use of a service dog. The Defendant’s conviction was affirmed. | Case | |
| US - AWA - 2008 Public Law 110-246 | 2008 PL 110-246 | 122 Stat 1651 | The Food, Conservation, and Energy Act of 2008, P.L. 110-246 amends the Animal Welfare Act by strengthening penalties related to animal fighting, including an increase in imprisonment. The 2008 bill also contained language prohibiting imports for resale of dogs unless they are at least six months of age, in good health, and have all necessary vaccinations, with some exemptions defined. Finally, fines for violations of the Animal Welfare Act increased from $2500 to $10,000 per violation, per animal, per day. | Statute |