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Titlesort descending Author Citation Alternate Citation Summary Type
UK - Zoos - Zoo Licensing Act 1981 1981 c. 37

The Zoo Licensing Act 1981 is an Act to regulate by licence the conduct of zoos. The Act defines a zoo "[as] an establishment where wild animals are kept for exhibition to the public otherwise than for the purposes of a circus and otherwise than as a pet shop; and this Act applies to any zoo to which members of the public have access, with or without charge for admission, on more than seven days in any period of 12 consecutive months".

Statute
UK- Wildlife - Wildlife and Countryside Act 1981 Chapter 69 An Act prohibiting and limiting actions involving wild animals, and the primary piece of legislation for wildlife protection in the UK. Prohibitions include taking, injuring, killing and disturbing. It is also an offence to disturb places used for shelter and protection. Provides protections for wild bird nests and eggs, as well as for animal species. Proof of intention is required for an offence under the Act. Statute
Understanding Animal Law

Policy
Unified Sportsmen of Pennsylvania ex rel. their members v. Pennsylvania Game Com'n 03 A.2d 117 (Pa.Cmwlth., 2006) 2006 WL 2009061 (Pa.Cmwlth.)

A Pennsylvania association consisting of hunters and outdoorsmen and members of the association filed a complaint/request for writ of mandamus against the Pennsylvania Game Commission, Department of Conservation and Natural Resources (DCNR), and various state officials, seeking an order directing Commission and DCNR to provide the data and information on which the Commission relied in setting "harvest" figures for Pennsylvania's deer population. Before this Court in our original jurisdiction are the preliminary objections of the Pennsylvania Game Commission , the Pennsylvania Department of Conservation and Natural Resources, and certain Commonwealth officers (collectively, Respondents). The court first found that the Sportsmen indeed have standing, conferred both by statute and under the under the traditional substantial-direct-immediate test. However, Respondent Game Commission's demurrer was sustained, primarily because the court agreed that due to the ambiguous nature of Sportsmen's pleading, it is not possible to discern a legal theory to support the relief requested. Further, the court sustained Respondent's claim that the DCNR, its Secretary, and the state's Governor were not proper parties to association's suit. Despite these procedural defects, the court did not dismiss the Sportsmen's action, and instead allowed them to amend their complaint within 30 days of this order.

Case
United Kingdom Licensing and Regulation of Pet Shops Alan Bates

Brief Summary of the Licensing and Regulation of Pet Shops (UK)
Alan Bates (2002)

Topical Introduction
United Pet Supply, Inc. v. City of Chattanooga, Tenn. 768 F.3d 464 (6th Cir. 2014) 2014 WL 4637546 (6th Cir. 2014) In June 2010, a private non-profit corporation that contracted with the City of Chattanooga to provide animal-welfare services, received complaints of neglect and unsanitary conditions at a mall pet store. Investigations revealed animals in unpleasant conditions, without water, and with no working air conditioner in the store. Animals were removed from the store, as were various business records, and the private, contracted non-profit began to revoke the store's pet-dealer permit. Pet store owners brought a § 1983 suit in federal district court against the City of Chattanooga; McKamey; and McKamey employees Karen Walsh, Marvin Nicholson, Jr., and Paula Hurn in their individual and official capacities. The Owners alleged that the removal of its animals and revocation of its pet-dealer permit without a prior hearing violated procedural due process and that the warrantless seizure of its animals and business records violated the Fourth Amendment. Walsh, Nicholson, Hurn, and McKamey asserted qualified immunity as a defense to all claims. On appeal from district court decision, the Sixth Circuit held the following: Hurn, acting as a private animal-welfare officer, could not assert qualified immunity as a defense against suit in her personal capacity because there was no history of immunity for animal-welfare officers and allowing her to assert qualified immunity was not consistent with the purpose of 42 U.S.C. § 1983. Walsh and Nicholson acting both as private animal-welfare officers and as specially-commissioned police officers of the City of Chattanooga, may assert qualified immunity as a defense against suit in their personal capacities. With respect to entitlement to summary judgment on the basis of qualified immunity in the procedural due-process claims: Walsh and Nicholson are entitled to summary judgment on the claim based on the seizure of the animals, Nicholson is entitled to summary judgment on the claim based on the seizure of the permit, and Walsh is denied summary judgment on the claim based on the seizure of the permit. Regarding entitlement to summary judgment on the basis of qualified immunity on the Fourth Amendment claims: Walsh and Nicholson are entitled to summary judgment on the claim based on the seizure of the animals, Nicholson is entitled to summary judgment on the claim based on the seizure of the business records, and Walsh is denied summary judgment on the claim based on the seizure of the business records.Because qualified immunity was not an available defense to an official-capacity suit, the court held that employees may not assert qualified immunity as a defense against suit in their official capacities. The district court’s entry of summary judgment was affirmed in part and reversed in part, and remanded for further proceedings consistent with this opinion. Case
United States of America v. Kraft 2005 WL 578313 (U.S., Dist. of Minn. 2005)

A man was charged and convicted for violating the Lacey Act after illegally selling a tiger and grizzly bear.  The trial court admitted the man's conversation into evidence in which he implicated himself in the illegal sale of a grizzly bear.  The Court of Appeals affirmed the trial court holding the man's conversation was not protected by the Sixth Amendment because it was made before there were specific charges against him for the illegal sale of the grizzly bear.

Case
United States Association of Reptile Keepers, Inc. v. Jewell 103 F. Supp. 3d 133 (D.D.C. 2015) 2015 WL 2207603 (D.D.C, 2015) On a motion for a preliminary injunction to enjoin implementation of the 2015 Rule (80 Fed.Reg. 12702 ), the US District Court for the District of Columbia addressed whether the U.S. Department of Interior acted within its authority when it issued Lacey Act regulations prohibiting the interstate transportation of certain large constricting snakes. The United States Association of Reptile Keepers argued that since the Lacey Act “[did] not encompass transportation of listed species between two states within the continental United States,” the Department of Interior exceeded its authority. Relying on the history of zebra mussels and bighead carp, the Department argued that it did not. The Court, however, found the Department had failed to establish that that history was sufficient to confer an authority on the Department that Congress did not confer when it enacted the controlling statutory text. The Court ruled the preliminary injunction would issue and ordered the parties to appear for a status conference on May 18, 2015 to address the scope of the injunction. Case
United States Humane Society v. Ed Schafer Secretary US Department of Agriculture This complaint for declaratory and injunctive relief challenges a USDA regulation that fails to prohibit all non-ambulatory ("downed") cattle - those too injured or sick to stand and walk - from being slaughtered for human consumption, even though Defendants have been telling the public for years that all such animals are in fact excluded from the human food supply. Specifically, plaintiff seeks a declaration that the USDA's final rule is arbitrary and capricious; seeks to remand the final rule for new rulemaking to close the downed cattle loophole; and seeks to preliminary and permanently enjoin defendants from allowing downed cattle to be slaughtered for human consumption. Pleading
United States of America v. Hale 113 Fed.Appx. 108 2004 WL 2367994

A couple owned and operated a caviar business.  They were convicted of violating the Lacey Act by purchasing and selling paddlefish eggs during the closed season, falsifying records and operating a fish dealership without a license.  The Court of Appeals affirmed the conviction.  This Judgment was Vacated by Hale v. U.S ., 125 S.Ct. 2914 (2005).

Case

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