Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| National Meat Ass'n v. Harris | 32 S.Ct. 965 (2012) | 2012 WL 171119 (U.S.) |
Trade association representing packers and processors of swine livestock and pork products sued the State of California for declaratory and injunctive relief barring a ban on slaughter and inhumane handling of nonambulatory animals on federally regulated swine slaughterhouses. The Supreme Court held that the Federal Meat Inspection Act (FMIA) preempted the California Penal Code provision prohibiting the sale of meat or meat product of “nonambulatory” animals for human consumption and requiring immediate euthanization of nonambulatory animals. |
Case |
| CO - Eggs - Article 21. Pt. 2. Confinement of Egg Laying Hens | C.R.S.A. § 35-21-201 - 209 | This section of Colorado law regulates the confinement of egg-laying hens in the state. Under these laws, egg-laying hens must be confined in conditions that allow them at least one square foot of usable floor space. Certain exceptions apply, such as for slaughter or veterinary purposes. Violators of these laws may be subjected to a civil penalty of no more than one thousand dollars. | Statute | |
| NC - Ecoterrorism - § 99A-1. Recovery of Damages for Exceeding the Scope of Authorized Access to Property | N.C.G.S.A. § 99A-1, 2 | NC ST § 99A-1, 2 | This law is known as North Carolina’s Property Protection Act and is what many consider to be a new variation of ag-gag law. § 99A-2 imposes a civil punishment for “exceeding the scope of authorized access to property.” A person exceeds access to authority by intentionally gaining access to the non-public areas of another’s premises and removing (and subsequently distributing) documents, recording images or sounds, placing a camera on the premises, conspiring in organized retail theft, or interfering with property. The punishment for violation of the Property Protection Act can result in equitable relief, compensatory damages, costs and fees, and exemplary damages of $5,000 per day that a defendant has acted in violation. The law is effective January 1, 2016. | Statute |
| GA - Ecoterrorism - Article 2. Georgia Farm Animal, Crop, and Research Facilities Protection Act | Ga. Code Ann., § 4-11-30 to 35 | GA ST § 4-11-30 to 35 | This article is known as the Georgia Farm Animal, Crop, and Research Facilities Protection Act. A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of such facility, animal, or property and to disrupt or damage the enterprise conducted at the animal facility. Other prohibited actions also include gaining entry where a person knows entry is forbidden. In the definition of "consent," the act states that the term does not include assent that is induced by force, threat, false pretenses or fraud. It also excludes assent given by a person that the actor knows is not authorized by the owner, or given by a person who the actor knows is unable to make reasonable decisions (e.g., because of youth, intoxication, or mental disease or defect). Violations that involve exercising control over a facility are felonies; those that involve illegal entry or damage less than $500 are misdemeanors. | Statute |
| CA - Hunting - Chapter 4. Deer. Article 2. License Tags | West's Ann. Cal. Fish & G. Code § 4330 - 4341 | CA FISH & G § 4330 - 4341 | These provisions relate to the license requirements for deer hunting for both residents and nonresidents of California. For example, the holder of a deer tag license shall carry the tag while hunting deer, and upon the killing of any deer, shall immediately fill out the tag and permanently mark the date of the kill. The deer tag shall be immediately attached to the antlers of antlered deer or to the ear of any other deer and kept attached during the open season and for 15 days thereafter. | Statute |
| IN RE: PET PARADISE, INC. | 51 Agric. Dec. 1047 (1992) | 1992 WL 240852 (U.S.D.A.) | Where complaint advised respondent of exact matters at issue, there is no basis for dismissing any allegations of complaint merely because they failed to specify subsections of regulations or standards involved in some of alleged violations. Formalities of court pleading are not applicable in administrative proceedings. Findings of fact need only be supported by a preponderance of the evidence. A violation is willful if the person intentionally does an act which is prohibited or acts with careless disregard of statutory requirements. | Case |
| Oceana, Inc. v. Gutierrez | 488 F.3d 1020 (C.A.D.C., 2007) | 2007 WL 1574607 (C.A.D.C.) |
This federal appeal concerns regulations issued by the National Marine Fisheries Service in 2004 for leatherback sea turtles. The leatherbacks experience mortality due to long-line fishing in the pelagic ocean after they become entangled or hooked on the lines. In 2001, the Service issued an RFA - reasonable and prudent alternative - to long-line fishing operations in the pelagic ocean off the coast of New Jersey where operators could replace the industry-wide standard J-hook with circle hooks which would reduce mortality. Oceana claim is that the Fisheries Service acted arbitrarily when it predicted that the measures it was putting in place would result in a 13.1 percent mortality rate by 2007 for leatherbacks caught in longlines. The Court of Appeals agreed with the district court that the Service's judgment was not arbitrary or capricious when it predicted that fishing operators could achieve a 13.1 post-release mortality rate. |
Case |
| Night monkeys in a cage is soiled with feces | Slideshow Images | |||
| CO - Animal welfare - Ley 1955 | Ley 1955 | “The National Development Plan for 2018-2022,” in article 324, instructs the national government to draft the national policy and guidelines for the protection and welfare of farm animals, stray animals, and animals subject to cruelty, among others. It instructs the government to define strategies, programs, and to propose laws for animal protection on issues such as responsible ownership, sterilization campaigns, the creation of welfare centers, rehabilitation and integral assistance to domestic and wild animals, the progressive substitution of vehicles of animal traction, and the strengthening of investigation and prosecution procedures for crimes against animals with the purpose of eradicating all forms of animal violence, cruelty, illegal traffic, and trade. | Statute | |
| ND - Initiatives - Constitutional Measure 1 (right to hunt) | Constitutional Measure 1 (2000) | This amendment would provide that hunting, trapping, and fishing are a valued part of residents' heritage and will be preserved for the people and managed by law and regulation for the public good. It passed in 2000 (77% of votes). | Statute |