Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| GA - Wildlife rehabilitation - Chapter 2. Licenses, Permits, and Stamps Generally | Ga. Code Ann., § 27-2-22 | GA ST § 27-2-22 | This Georgia law makes it unlawful for any person to keep sick or injured wildlife without first obtain a wildlife rehabilitation permit from the state department. | Statute | |
| CA - Wild Animal - Chapter 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals. | West's Ann. Cal. Fish & G. Code § 2116 - 2203 | CA FISH & G § 2116 - 2203 | The California Legislature adopted this act based on a findings that wild animals are captured for importation and resold in California and that some populations of wild animals are being depleted, that many animals die in captivity or transit, and that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals. It was the intention of the Legislature to regulate the importation, transportation, and possession of wild animals to protect the native wildlife and agricultural interests against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state. The act defines "wild animal" and classifies them by species. Among other things, the act also includes inspection and permit provisions that govern the treatment of wild animals and the actions that may be taken where they are concerned. | Statute | |
| IN RE: SEMA, INC. | 49 Agric. Dec. 176 (1990) | 1990 WL 320952 (U.S.D.A.) | Inspectors have considerable discretion in selecting their methods of inspection and way in which they document their observations, and photographic documentation obtained during normal business hours in reasonable manner that does not disrupt ongoing research must be construed as within boundaries of such discretion; interference with inspectors' reasonable efforts to take photographs to enhance inspection violates § 2146(a). | Case | |
| KY - Domestic Violence - 403.740 Domestic violence order; restrictions | KRS § 403.720, 403.740 | KY ST § 403.720, 403.740 | In 2022, Kentucky amended its laws related to domestic violence protection orders to include domestic animals. "Domestic animal" is defined as a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes. The definition of "domestic violence" was expanded to include "[a]ny conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or the infliction of fear of such imminent conduct, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple who has a close bond of affection to the domestic animal." Following a hearing, a court may issue a domestic violence order that awards possession of any shared domestic animal to the petitioner. | Statute | |
| Sentencia C-045/19 | This Constitutional Court's decision declares sport hunting illegal in the entire territory. In its reasoning, the court stated that sport hunting is not an exception to the duty to protect animals against cruelty, as it does not satisfy any objective or purpose compatible with the Constitution. "It is not an expression of religious freedom, nor intended for food or medical or scientific experimentation. It is not done to control the species population and is not a deeply rooted cultural manifestation." The court further stated, "The sacrifice of an animal by humans is an extreme form of mistreatment as it eliminates its very existence and is an act of annihilation. When it is unjustified, an animal's death is cruel because it means understanding that the animal is exclusively a resource available to humans. Sport hunting, in short, is a harmful act insofar as it is aimed at capturing wild animals, either by killing, mutilating or catching them alive." "What happens here is an example of how the content and scope of constitutional norms adapt to a changing society. It is about the concept of a Living constitution, in which its scope and content take shape with the political community's economic, social, political, and cultural changes." Other forms of hunting, such as subsistence hunting, hunting for scientific and research purposes, and controlled hunting, continue to be allowed under the circumstances delineated by laws and regulations and with prior authorization of the natural resources managing authority. | Case | |||
| Food & Water Watch, Inc. v. Vilsack | 2015 WL 514389 (D.D.C., 2015) | The U.S. District Court for the District of Columbia dismissed a lawsuit by plaintiffs against U.S. Secretary of Agriculture Tom Vilsack that challenged the United States Department of Agriculture’s New Poultry Inspection System (NPIS) promulgated under the US Poultry Products Inspection Act (PPIA). The court held that plaintiff’s failed to state an injury-in-fact that was traceable to the actions of the defendants for which relief could be granted. Under NPIS, far fewer federal inspectors would be stationed along slaughter lines, and the employees themselves could conduct a preliminary screening of the carcasses before presenting the poultry to a federal inspector for a visual-only inspection. Plaintiffs contended that the revised processing procedures were inconsistent with the PPIA and would ultimately result in the production of unsafe poultry products. They sought a preliminary and permanent injunction by the court to prevent the USDA and the USDA′s Food Safety and Inspection Service from implementing NPIS. | Case | ||
| DC - Domestic Violence - Chapter 10. Proceedings Regarding Intrafamily Offenses. | DC CODE § 16-1005 | DC ST § 16-1005 | This D.C. law provides that if, after a hearing, the judicial officer finds that there is good cause to believe the respondent has committed or threatened to commit a criminal offense against the petitioner or against petitioner's animal or an animal in petitioner's household, the judicial officer may issue a protection order that directs the care, custody, or control of a domestic animal that belongs to petitioner or respondent or lives in his or her household. | Statute | |
| US - Eagles - Advance Notice of a Proposal To Reclassify or Delist the Bald Eagle | 1990 WL 352377 (F.R.) | FR Doc. 90-2765 |
The U.S. Fish and Wildlife Service (Service) is reviewing the status of the bald eagle (Haliaeetus leucocephalus) in preparation of a proposal to either reclassify or delist the species. Since 1978 when the species was listed throughout its range in the conterminous States, the bald eagle has increased in several important population parameters including the number of nesting pairs and production of young. The Service has approved five regional recovery plans for the bald eagle that collectively encompass the entire conterminous 48 States. The current population data indicate that the bald eagle has met the goals for reclassification from endangered to threatened in four of these five recovery plans. The Service is currently reviewing past and present bald eagle population survey data and other information to ascertain what listing action may be appropriate for the species. The Service seeks data and comments from the public on this notice and is requesting information on environmental and other impacts that would result from a proposal to either reclassify, downlist, or delist all or specific populations of the bald eagle. |
Administrative | |
| Model National Animal Welfare Act | model law |
This model law was drafted to provide a starting point for the drafting of national animal welfare law. It includes sections related to companion animals, animal cruelty, owner responsibilities, animal experimentation, and food animal provisions, among others. |
Statute | ||
| Zalaski v. City of Hartford | 723 F.3d 382 (C.A.2 (Conn.)) | 2013 WL 3796448 (C.A.2 (Conn.)) |
When animal rights activists, who were protesting the treatment of animals at a race sponsored by a circus, were arrested for criminal trespass and obstruction of free passage, the filed a section 1983 lawsuit for false arrest, unlawful retaliation, malicious prosecution, and interference with free expression under both the U.S. and Connecticut constitution against the city and the officer. Upon appeal of the lower court’s rejection of the activists’ First, Fourth, and Fourteenth Amendment claims, the court (1) affirmed the lower court’s decision on the ground of qualified immunity under section 1983, (2) would not address whether a pro se attorney who represented plaintiffs in addition to himself may be awarded fees because the issue was not raised in district court, and (3) vacated the judgment only in order to remand the case for the limited purpose of having the district court clarify whether it awarded the activists the costs incurred as a result of a discovery certification violation. |
Case |