Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| United States v. Hess | 829 F.3d 700 (8th Cir. 2016) | 2016 WL 3878221 (8th Cir.,2016) | This case stems from a United States Fish and Wildlife Service's investigation into illegal trafficking of rhinoceros horns and ivory called "Operation Crash." Defendant James Hess, a taxidermist in Maquoketa, Iowa, agreed to sell a pair of lack rhinoceros horns in 2011 to another individual involved in the trafficking operation. As a result of his role, he was charged with one count of Lacey Act Trafficking for knowingly engaging in conduct involving the sale and purchase of wildlife with a market value exceeding $350 that was transported and sold in violation of the Endangered Species Act. Hess was ultimately sentenced to 27 months in prison followed by three years of supervised release. On appeal, Hess first argued that the District Court made an “unsustainable finding on the record presented” when it stated that Hess "helped establish a market for these black rhino horns, and that is a serious offense against the planet." Because Hess failed to object at sentencing, this issue was reviewed for plain error. This court found no plain error, as the record supported the statement that Hess' action contributed to furthering a market for black rhinoceros horns. As to defendant's argument that his sentence was unreasonable, the court found that he failed to overcome the presumption of reasonableness in his bottom of the guidelines sentencing range. The judgment of the district court was affirmed. | Case | |
| UK - Riding - Riding Establishments Act 1970 | 1970 CHAPTER 32 |
An Act to confer further powers on local authorities with respect to the licensing of riding establishments and to amend the Riding Establishments Act 1964. |
Statute | ||
| OR - Rehabilitation, wildlife - Chapter 635. Department of Fish and Wildlife. | OR ADC 635-044-0200 - 635-044-0310 | OAR 635-044-0200 - 635-044-0310 (repealed 2015) | [Note: repealed 2015] Under this set of Oregon regulations, any person desiring to hold any bird, mammal, amphibian or reptile for the purpose of wildlife rehabilitation must first obtain a Wildlife Rehabilitation Permit from the Department of Fish and Wildlife. The requirements and conditions to obtain a permit is also provided. In addition to an Oregon Wildlife Rehabilitation Permit, persons possessing this permit must also obtain a federal permit for species protected by federal law and provide a copy of the current valid federal permit to the Department. Other sections provide prohibited species under the permit and facility requirements. | Administrative | |
| American Society for the Prevention of Cruelty to Animals et al v. Ringling Brothers, et al, |
This case involves the Ringling Brothers circus company’s mistreatment of elephants brought by the ASPCA. Plaintiffs alleged that the alleged routine beating, chaining, and other mistreatment amounted to an unlawful taking of an endangered species under the Endangered Species Act (ESA). Judge rejects defendants’ motion to dismiss and order the case to proceed. |
Pleading | |||
| ME - Veterinary - Title 32. Professions and Occupations. | 32 M. R. S. A. § 4851 - 4879 | ME ST T. 32 § 4851 - 4879 | 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 | |
| US - Food Animal - Twenty Eight Hour Law | 49 USC 80502 | This Federal law addresses the transportation of animals, including those raised for food or in food production, across state lines. The statute provides that animals cannot be transported by "rail carrier, express carrier or common carrier" (except by air or water) for more than 28 consecutive hours without being unloaded for five hours for rest, water and food. | Statute | ||
| KY - Endangered - 301 KAR 3:061. Endangered species of fish and wildlife | 301 Ky. Admin. Regs. 3:061 | 301 KAR 3:061 | It is unlawful for any person to import, transport, possess, process, sell or offer for sale any endangered species of fish and wildlife, or parts thereof, except as provided in Sections 3 and 4 of this administrative regulation. | Administrative | |
| Expte. N° HC-656/21 - Habeas Corpus en favor del Tortugo Jorge | Expte. N° HC-656/21 | Jorge is an 80-year-old turtle living in the Municipal Aquarium of Medoza, Argentina. In 2021, three animal lawyers filed a habeas corpus on behalf of Jorge, arguing a violation of the turtle’s right to his locomotive freedom and a violation of Mendoza’s law 7.887, 2018, which prohibits the exhibit of animals in circuses or other events. The lawyers stated that Jorge had to be relocated to a more natural environment where he could live the last years of his life, raising concerns for his age and health. After learning that the government is turning the aquarium into a biodiversity center and after consulting with several experts, the tribunal denied the Habeas Corpus as it found the controversy was moot. It also rejected the idea of releasing Jorge into the wild. However, it is important to mention that the tribunal did not oppose his relocation into a sanctuary so long as his physical integrity was protected. | Case | ||
| Fortgang v. Woodland Park Zoo | 387 P.3d 690 (Wash. Jan. 12, 2017) | 2017 WL 121589, 187 Wash. 2d 509, 92846-1, 2017 WL 121589, at *1–11 (Wash. Jan. 12, 2017) |
To address the Zoo's growing size and complexity, Defendant Woodland Park Zoo Society (WPZS) entered into an “Operations and Management Agreement” (Agreement) with the City of Seattle. The Agreement gave WPZS exclusive rights and responsibilities regarding many areas such as the care, sale, and purchase of the Zoo's animals. The Agreement also contained several provisions addressing public oversight of the Zoo. Plaintiff Alyne Fortgang requested several categories of records, all pertaining to the Zoo's elephants. She filed the request under the Public Records Act (PRA), which requires every government agency to make records available for public inspection and copying. The Zoo's director of Communications and Public Affairs responded to Fortgang's request by asserting that the PRA did not apply because WPZS was a private company. Fortgang filed a lawsuit and alleged that WPZS violated the PRA by refusing to disclose certain records. The trial court granted WPZS's motion for summary judgment and dismissed the action on the ground that WPZS was not an agency subject to PRA disclosure requirements. The Court of Appeals affirmed. The Supreme Court of Washington affirmed the Court of Appeals and held that the Telford test was the proper analytical framework for evaluating the private entity’s disclosure requirement. The Supreme Court reasoned that under the Telford analysis, WPZS was not the functional equivalent of a government agency. The court stated that although the second Telford factor was inconclusive, all the other factors weighed against PRA coverage: (1) WPZS did not perform an inherently governmental function by operating the Zoo; (2) the City did not exercise sufficient control over the Zoo's daily operations to implicate PRA concerns; (3) WPZS was created solely by private individuals and not government action and (4) because operating a zoo is not a nondelegable, “core” government function, the case did not involve the privatization of fundamentally public services. The Court of Appeals' decision was affirmed. |
Case | |
| In re Kulka's Estate | 18 P.2d 1036 (1933) | 142 Or. 104 |
This action relates to a court order in an estate case. The decedent left a legacy in the form of some timber reserves to the Human Society of Portland Oregon "to be used solely for the benefit of animals." The executor refused to pay the legacy. This is an appeal from a circuit court decision directing and authorizing Andrew Hansen, executor of the estate of Otto Kulka, deceased, to pay the petitioner a legacy from proceeds in the executor's hands. The court affirmed the payment of the legacy. |
Case |