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Titlesort ascending Author Citation Alternate Citation Summary Type
Animal Reserach Policy in Australia Siobhan O'Sullivan Animal Legal & Historical Center (2006)

This paper looks at the effects of the changes in the law dealing with decision making about animals in research. The author suggests that the transparency sought by some was not realized, but that such transparency may not be as important as originally thought.

Article
Animal Research: Policy, Public Perception, and the Problems of Transparency Siobhan O'Sullivan Australia Animal Law Paper (2005)

This paper looks at the effects of the changes in the law dealing with decision making about animals in research. The author suggests that the transparency sought by some was not realized, but that such transparency may not be as important as originally thought.

Article
Animal Protection Institute of America, Inc. v. Hodel 671 F.Supp. 695 (D.Nev.,1987) 18 Envtl. L. Rep. 20,398

In this case, animal protection groups sued the Secretary of the Interior to enjoin or restrain him from allowing the adoptions of wild horses and burros under circumstances where the defendants know the horses are being adopted for commercial slaughter or exploitation. Defendants opposed the motion and and argued that the Secretary has duly promulgated regulations permitting adoptions of such animals and provided that the animals are humanely cared for during the one year period provided for in 16 U.S.C. § 1333(c). This Court granted plaintiffs' motion, enjoining the Secretary from transferring the titles of wild free-roaming horses and burros to individuals who have, prior to the expiration of the one year “probationary period” expressed to the Secretary an intent to use said animals for commercial purposes.

Case
Animal Protection Institute of America v. Mosbacher 799 F.Supp 173 (D.C. 1992)

Wildlife protection organizations, including the API, brought action against Secretary of Commerce to challenge permits for importing false killer whales and belugas for public display. Zoo association and aquarium seeking the whales intervened.  The District Court the whale watchers had standing and the permits were not abuse of discretion.

Case
Animal Protection Institute of America v. Hodel 860 F.2d 920 (C.A.9 (Nev.),1988) 19 Envtl. L. Rep. 20,251 (C.A.9 (Nev.),1988)

The Ninth Circuit held that the Secretary could not transfer title to a private individual whom the secretary knows will commercially exploit the adopted horse. The Secretary argued that the WFRHBA placed only one requirement on the transfer of title: the private individual must humanely care for and maintain the horse for one year prior to title transfer.  The court, however, concluded that the statute commands the secretary to not only determine that the animal has been well cared for, but also that the adopter remains a qualified individual.  Given the statute’s prohibition of commercial exploitation of wild horses as well as its concern with their humane treatment, the court concluded that a private individual cannot remain a “qualified individual” if he or she intends to commercially exploit the horse after they obtain title.

Case
Animal Protection and Rescue League v. California Slip Copy, 2008 WL 315709 (S.D.Cal.)

Plaintiffs move for a temporary restraining order (TRO) to compel defendant City of San Diego to place a seasonal rope barrier at the La Jolla Children's Pool Beach to limit human interaction with harbor seals during pupping season. In denying the TRO, the court noted that plaintiffs failed to identify a single incident of harassment occurring since December 15, 2007 (the beginning of the pupping season) or any causal nexus between miscarriages and people walking up to the seals. While the parties agree placement of the barrier would not harm people and act as an effective tool, the court noted that the focus of irreparable harm is on the harm sought to be prevented not on the difficulty in carrying out the task.   

Case
ANIMAL OPPRESSION AND THE PRAGMATIST Lesli Bisgould 3 Animal L. 39 (1997) A pragmatist can be thought of as someone concerned about the practical consequences of her actions or beliefs. It is likely that all animal rights activists, whose common goal might be framed as the eradication of animal oppression, consider themselves pragmatists. Theirs is a lofty goal. Oppression which has been thousands of years in the making could reasonably be anticipated to be a long time in the unmaking. In the intervening years, different ideas have emerged about the practical consequences of different actions or beliefs. These differences (sometimes categorized under the broad headings of'rights" or 'welfare'" have transformed, or been transformed, into a pernicious conflict between advocates. It is essential, if meaningful change is to be achieved, that this conflict be resolved and not casually remanded to the realm where all opinions are seen to be equally valid, and to each her own. Gary Francione, lawyer, professor and author, has recently attempted an analysis of this discord in his book Rain Without Thunder: The Ideology of the Animal Rights Movement. The following commentary briefly considers some of the observations and conclusions Francione makes and some of the backlash his thoughts have engendered. Article
Animal mourning. Précis of How animals grieve (King 2013) Barbara J. King Animal Sentience 2016.004 Abstract When an animal dies, that individual’s mate, relatives, or friends may express grief. Changes in the survivor’s patterns of social behavior, eating, sleeping, and/or of expression of affect are the key criteria for defining grief. Based on this understanding of grief, it is not only big-brained mammals like elephants, apes, and cetaceans who can be said to mourn, but also a wide variety of other animals, including domestic companions like cats, dogs, and rabbits; horses and farm animals; and some birds. With keen attention placed on seeking where grief is found to occur and where it is absent in wild and captive animal populations, scientists and others interested in animal emotion and animal minds can build up a database that answers questions about patterns of grief in the animal kingdom. The expression of grief is expected to be highly variable in individuals within populations, based on an animal’s ontogeny, personality, and relationship to the deceased. Human grief may be unique in our species’ ability to anticipate death and to consider its meaning across time and space, and yet such hypothesized species-specific features do not imply a more profound emotional experience in humans compared to other animals. This new knowledge of the depth of animals’ capacity for grief invites novel exploration of animal-welfare issues including the use of animals in factory farming, entertainment, and biomedicine. Article
Animal Lovers Volunteer Ass'n, Inc. v. Cheney 795 F.Supp. 994 (C.D.Cal.,1992)

Plaintiff Animal Lovers Volunteer Association (ALVA) brought suit against Defendants United States Fish and Wildlife Service, United States Navy and United States Department of Defense alleging that the EIS for trapping red fox at a national wildlife refuge violated NEPA, the National Wildlife Refuge System Administration Act (NWRSAA), and the APA. The agencies had recently begun trapping red fox at the Seal Beach National Wildlife Refuge in order to protect two endangered bird species on the Refuge, the California least tern and the light-footed clapper rail. On review of defendants' motion for summary judgment, the District Court held that the predator control program did not violate the NWRSAA and the APA. Further, plaintiff's claim that defendants' decision not to terminate oil production at the refuge, which they contended placed the endangered species at a greater risk than the predation by foxes, was based on substantial evidence that was supported by the findings in the EIS. The court found that a rational connection existed between the findings and the decision to allow the limited amount of oil production to continue. Thus, defendants' conduct complied fully with the requirements of the NWRSAA and the APA.

Case
Animal Lovers Volunteer Ass'n Inc., (A.L.V.A.) v. Weinberger 765 F.2d 937 (C.A.9 (Cal.),1985) 15 Envtl. L. Rep. 20,697 (C.A.9 (Cal.),1985)
The Animal Lovers Volunteer Association (ALVA) brought this action to enjoin the Navy from shooting feral goats on San Clemente Island (a military enclave under the jurisdiction of the Navy). After the district court granted (Cite as: 765 F.2d 937, *938) summary judgment for the Navy, the ALVA appealed. This Court found that the ALVA failed to demonstrate standing, where it only asserted an organizational interest in the problem, rather than allegations of actual injury to members of the organization. The organization failed to demonstrate an interest that was distinct from an interest held by the public at large. Affirmed.
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