Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| R v. Shand | R. v. Shand, 2007 ONCJ 317 | In R v Shand 2007 ONCJ 317 (CanLII), the court examined the necessary elements required to established the “willful” mens rea component present in Canadian Federal Criminal Statute s. 429. The accused was charged with three counts of animal cruelty contrary to s.446 of the Criminal Code in relation to a dog in her care. The court found that on two of the counts that the accused was had acted "wilfully" because she was either "reckless or indifferent as to her dog's condition." | Case | |
| Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. | 860 F. Supp. 2d 1216 (W.D. Wash. 2012) rev'd, 708 F.3d 1099 (9th Cir. 2013) and rev'd, 725 F.3d 940 (9th Cir. 2013) | The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission. | Case | |
| GA - Hunting - § 27-3-12. Use of drugs, poisons, chemicals, smoke, gas, explosives | Ga. Code Ann., § 27-3-12 | GA ST § 27-3-12 | This Georgia law prohibits computer assisted remote hunting or providing or operating a facility that allows others to engage in computer assisted remote hunting if the wild animal or wildlife being hunted or shot is located in this state. The law also makes it unlawful to hunt hunt any wild animal, game animal, or game bird by means of drugs, poisons, chemicals, smoke, gas, explosives, recorded calls or sounds, or recorded and electronically imitated or amplified sounds or calls. Violation is a misdemeanor (high) with a fine of $1,000 to $5,000 and/or a term of imprisonment up to 12 months. | Statute |
| CA - Marine - Chapter 10.5. Marine Life Protection Act. | West's Ann. Cal. Fish & G. Code § 2850 - 2863 | CA FISH & G § 2850 - 2863 | In this act, the California Legislature finds and declares a need to reexamine and redesign California's marine protected area systems to increase its effectiveness at protecting the state's marine life, habitat, and ecosystems. To improve the design and management of that system, the Marine Life Protection Program was adopted. A few of the Program's goals are to protect the natural diversity and abundance of marine life, to help sustain, conserve, and protect marine life populations, and rebuild those that are depleted. | Statute |
| E. LEE COX AND BECKY COX, D/B/A PIXY PALS KENNEL, PETITIONERS v. UNITED STATES DEPARTMENT OF AGRICULTURE, RESPONDENT | 50 Agric. Dec. 14 (1991) | 1991 WL 294529 (U.S.D.A.) |
Lee and Becky Cox, owners of Pixy Pals Kennel, petitioned for review of a decision of the Department of Agriculture suspending their license for ninety days, imposing a $12,000 civil fine, and ordering the Coxes to cease and desist from specified violations of the Animal Welfare Act. The Coxes claim that (1) the suspension violated s 558(c) of the Administrative Procedure Act because there was insufficient evidence to support the Department's finding that their violations of the Animal Welfare Act were willful; (2) they were unconstitutionally penalized for exercising their first amendment rights; and (3) the sanctions imposed on them were excessive. In affirming the USDA decision, the Eighth Circuit held that the definition of "willfulness" was not called into question; rather the Department had presented substantial evidence to demonstrate willfulness. Further, since petitioners' first amendment claim concerned the Department's "motivations," the court held that proof of motivation is a question of fact rather than law, not subject to de novo review. The sanction imposed by the Department, although severe, was not excessive given the size of petitioners' business and the severity of the violations. |
Case |
| Hemingway Home and Museum v. U.S. Dept. of Agriculture | 2006 WL 3747343 (S.D. Fla.) |
The plaintiff lived in Hemmingway's old property, a museum, with 53 polydactyl cats (cats having more than the usual number of toes). The United States Department of Agriculture investigated and said that the plaintiff needed to get an exhibitor's license to show the cats, but that was not possible unless the cats were enclosed. Plaintiff sued the government in order to avoid the $200 per cat per day fines assessed, but the court held that the government has sovereign immunity from being sued. |
Case | |
| DE - Domestic Violence - § 1045. Relief available; duration of orders, modification and termination | 10 Del.C. § 1045 | DE ST TI 10 § 1045 | Delaware amended its law on protection orders in domestic violence situations to include protection of pets in 2023. Per subsection (a)(12), a court may "[g]rant the petitioner the exclusive care, custody, or control of any companion animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent and order the respondent to stay away from the companion animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the companion animal." | Statute |
| Sample Post |
Sample Post of Dog Map
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Policy | ||
| Indiana Dept. of Natural Resources v. Whitetail Bluff, LLC | 25 N.E.3d 218 (Ind. Ct. App. 2015) | 2015 WL 416786 (Ind. Ct. App., 2015) | Appellee established a business that allowed for "high fence" hunting, which refers to hunting wild animals on property that is enclosed by a fence, of privately-owned whitetail deer. The pivotal question in this appeals case was whether the Indiana Department of Natural Resources (IDNR) was correct in asserting that the current statutory scheme prohibited this practice, and therefore allowed the agency to promulgate rules effectuating that prohibition. The Indiana Court of Appeals held that IDNR did not have the power to regulate fish and wildlife that were legally owned or held in captivity under a license. The IDNR therefore went beyond its express powers conferred upon it by the General Assembly when it promulgated rules that prohibited "high fence" hunting. The lower court's grant of summary judgment to the appellee was affirmed. | Case |
| MO - Initiatives - Proposition B (dog breeders) | Proposition B (2010) |
This 2010 ballot measure asked whether Missouri law shall be amended to: require large-scale dog breeding operations to provide each dog under their care with sufficient food, clean water, housing and space; necessary veterinary care; regular exercise and adequate rest between breeding cycles; prohibit any breeder from having more than 50 breeding dogs for the purpose of selling their puppies as pets; and create a misdemeanor crime of puppy mill cruelty” for any violations. It was passed in 2010 by 51.6% of voters. |
Statute |
