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At a Complex Crossroads: Animal Law in Indian Country Rob Roy Smith 14 Animal Law 109 (2007)

This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a brief survey of the legal issues found at the intersection between Indian law and animal law, including both domestic animal issues and fish and wildlife issues. The article presents a working understanding of animal advocacy in Indian Country today and concludes that Indian Country may provide a valuable opportunity to craft model animal protection schemes.

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Association des Eleveurs de Canards et d'Oies du Quebec v. Harris 729 F.3d 937 (9th Cir. 2013) 13 Cal. Daily Op. Serv, 2013 WL 4615131 (9th Cir. 2013)
Prior to California's Force Fed Birds law—which bans the sale of products that are the result of force feeding birds to enlarge their livers beyond normal size—coming into effect, two non-California entities produced foie gras that was sold at a California restaurant. When the law came into effect, all three entities sought to enjoin the state of California from enforcing the law; they argued the law was unconstitutionally vague and violated the Commerce Clause of the U.S. Constitution. The district court, however, denied their motion for preliminary injunction. On appeal, the 9th Circuit affirmed the lower court’s decision to deny the preliminary injunction.
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Associated Dog Clubs of New YorkState, Inc. v. Vilsack 75 F.Supp.3d 83(D.D.C. 2014) With the increase of sales over the Internet, the Department of Agriculture, through the Animal and Plant Health Inspection Service (“APHIS”), issued a new rule that redefined “retail pet store” to include online pet stores. Several breeders argued that the agency exceeded its statutory authority in issuing the new rule. The Secretary for the Department of Agriculture moved for summary judgment. Since APHIS acted within its authority in promulgating the rule and otherwise complied with the requirements of the Administrative Procedures Act, the Court granted summary judgment for the agency. Case
ASSOCIACAO SANTUARIO DE ELEFANTES BRASIL 1001993-45.2019.8.11.0024 This case from Brazil concerns the elephant named "Ramba." Ramba is a former circus elephant who spent more than 30 years at circuses in Chile and Argentina. On October 18, 2019, she arrived at Santuário de Elefantes do Brasil (Brazil Elephants Sanctuary) after a 73 hour trip all the way from Chile. Before Ramba was transferred, Judge Leonísio Salles de Abreu Junior, from the 1st Civil Court at Chapada dos Guimarães, the region where the sanctuary is located in Mato Grosso , Brazil, made a ruling changing her status from a mere "good." The judge prohibited the local Government from charging the sanctuary R$ 50.000 (approximately US $ 13.00) in a tax on movement of goods finding that Ramba is not a thing, and is not a subject to importation good tax. According to an article at https://www.ambientesecom.net/2019/10/24/groundbreaking-decision-of-brazilian-judge-for-captive-elephant, the judge said further, "Her position, far from being a commodity (as she was in the life of exploitation to what she was submitted to by her former owners), is now that of a guest, who seeks for a new destination on the margins of what human evil has already caused her." Attached case is in Portuguese. Case
Assistance Animals Cynthia Hodges

Brief Summary of Assistance Animals Laws
Cynthia Hodges, J.D., LL.M., M.A. (2010)

Topical Introduction
ASSET FORFEITURE AND ANIMAL CRUELTY: MAKING ONE OF THE MOST POWERFUL TOOLS IN THE LAW WORK FOR THE MOST POWERLESS Amy Breyer 6 Animal L. 203 (2000) Animals have historically been one of the most vulnerable segments of society to crime due both to their status as property and their inability to advocate for themselves. While this has long worked to their disadvantage, developments in an area of jurisprudence where criminal and property law merge now offer an unprecedented possibility. Forfeiture laws have become one of the most powerful and effective tools in the war against crime. The principles and precedents that have emerged from asset forfeiture are aptly suited to application in the animal cruelty context as well. This article discusses asset forfeiture and animal cruelty, offering suggestions on how to combine these two areas of law in an effort to better protect animals from abuse. Article
Assembly Bill No. 485 An act to amend Section 31753 of the Food and Agricultural Code, and to amend Section 122357 of, and to add Section 122354.5 to, the Health and Safety Code, relating to public health. [Approved by Governor October 13, 2017. Filed with Secretary of State October 13, 2017.] Policy
Assal v. Barwick (Kidwell) A circuit court upheld and enforced a divorce settlement that granted the husband visitation of the couple's dog for one month each summer. After the dog had gotten loose during a past visit and the husband had driven with the dog in the trunk of his car, however, the wife had refused to turn the dog over. The husband later abandoned his fight for visitation with the dog. During the proceedings, however, the Animal Legal Defense Fund filed this amicus curiae brief to urge the court to include in its consideration the needs and interests of the dog. The attached brief sets forth reported case decisions and rulings of other courts that have grappled with the view that companion animals are more than mere chattel. Pleading
Ass'n des Éleveurs de Canards et d'Oies du Quebec v. Bonta 33 F.4th 1107 (9th Cir. 2022), cert. denied sub nom. Ass'n des Éleveurs de Cananards et D'oies du Quebec v. Bonta, 143 S. Ct. 2493, 216 L. Ed. 2d 454 (2023) California prohibits the in-state sale of products that are “the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size.” Cal. Health & Safety Code § 25982. The law had a 7.5-year grace period before it went into effect. The law has two components: first, it bans the practice of force-feeding ducks and geese to produce foie gras; and second, the law banned the in-state sale of products that are "the result" of that practice. After nine years of litigation and in their third set of appeals before this Court, the parties ask the court here to decide whether California's sales ban is preempted by the Poultry Products Inspection Act (“PPIA”) or violates the dormant Commerce Clause. As to the first issue of preemption, the plaintiff sellers contend that at least one USDA Policy Book defines foie gras as liver from poultry that has been "specially fed and fattened" and other USDA documents suggest this is done via forced-feeding. Thus, contend the sellers, it is impossible to produce and properly label foie gras, as is required by the PPIA, and then also comply with the California law. The court disagreed with the assertion, finding that the sellers can still force feed birds to make their products, but not sell those in California. Said the court, "The sales ban is neither a command to market non-force-fed products as foie gras nor to call force-fed products something different." Further, the sellers raise a new suggestion that the ban constitutes express preemption because force feeding operates as an "ingredient requirement." Essentially, they contend you cannot have foie gras without force-feeding birds. This was also rejected, as the court found nothing new that would reverse the precedent established in the prior decision by the court. Finally, the sellers appeal dismissal of their dormant Commerce Clause claim, arguing that the sales ban is impermissibly extraterritorial because force-feeding is only banned in California and therefore, only regulates out-of-state conduct. The court dismissed this, noting states are free to regulate commerce within their boundaries provided such regulation does not affect transactions from out of that state. Moreover, the sellers' argument that the ban is "unduly burdensome" for this reason also failed since there is not requirement that a state impose the "least burdensome" method for in-state commerce. The court held that the sales ban is neither preempted nor unconstitutional and that the specified transactions are out-of-state sales permitted by California law. Case
ASPCA Annual Reports 1889 & 1904 ASPCA -

The ASPCA Published Annual reports with considerable detail about the years events, particular enforcement actions, and reports about cruelty issues.

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