Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| MS - Initiatives - HCR 30, Establish the Right to Hunt, Fish and Harvest Wildlife as a Constitutional Right | HCR 30 (2014) | This 2014 proposed legislative referendum would establish the right to hunt and fish in the state. "Section 12A. The people have the right to hunt, fish and harvest wildlife, including by the use of traditional methods, subject only to laws and regulations that promote wildlife conservation and management and that preserve the future of hunting and fishing, as the Legislature may prescribe by general law. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section may not be construed to modify any provision of law relating to trespass, property rights, the regulation of commercial activities or the maintenance of levees pursuant to Article 11." | 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 | |
| Argentina - Racing - Ley 27330, Dog Racing law | Ley 27330 | This law prohibits dog racing of any breed in the entire territory. Organization, promotion, and facilitation of a dog race are punishable by imprisonment of not less than 3 months and not more than 4 years. Together with fines that can go from 4,000 Argentinian pesos to $80,000. | Statute | |
| DC - Impoundment - § 8-1805. Impoundment | DC CODE § 8-1805 | DC ST § 8-1805 | Under this law, the Mayor shall make a prompt and reasonable attempt to locate and notify the owner of the impounded animal, including scanning the animal for a microchip. The Mayor shall deem abandoned any animal impounded and not redeemed by its owner within 7 days of impoundment if such animal is wearing identification. Any animal impounded not wearing identification shall be deemed abandoned if not redeemed by its owner within 5 days of impoundment. An animal deemed abandoned shall become the property of the District of Columbia and may be adopted or disposed of in a humane manner. | Statute |
| Douglas Furbee, et al. v. Gregory L. Wilson, et. al. | 144 N.E.3d 801 (Ind. Ct. App. 2020) | Shelly Linder lived in an apartment complex with a no-pet policy. Linder asked if she could have an emotional-support animal and provided a letter from a licensed family and marriage therapist, which stated that Linder had a disability and required an emotional-support animal to help alleviate her symptoms. The letter did not identify a specific disability and the landlord subsequently requested more information from Linder. Linder did not provide any additional information and instead brought her cat into her apartment as her emotional-support animal. The landlord charged Linder a fine after discovering the cat on the premises and gave her seven days in which to remove the cat. Linder failed to comply which led to Linder’s eviction. The Indiana Civil Rights Commission filed a complaint against the landlord on behalf of Linder in Delaware Circuit Court alleging that the landlord failed to accommodate her request for an emotional-support animal in turn violating the Indiana Fair Housing Act. The trial court denied summary judgment for the landlord and this appeal followed. The landlord conceded that Linder was disabled and requested a reasonable accommodation, however, the landlord argued that it was not given enough information from which to “meaningfully” review Linder’s request. The Delaware Court of Appeals agreed that the Landlord did not have sufficient information to meaningfully review Linder’s request and because Linder did not inform the Landlord about her disability and her need for the cat, she was acting in bad faith. The Court ultimately reversed and remanded the case to the trial court. | Case | |
| US - Fisheries - Packwood-Magnuson Amendment | 16 USC 1801 - 1803 | The aim of this statute is the development of United States' controlled fishing conservation and management program designed to prevent overfishing and to rebuild depleted stock. | Statute | |
| AK - Initiatives - Ballot Measure 1 (voter wildlife initatives) | Ballot Measure 1 (2000) | This Alaska ballot measure would change the Alaska Constitution so that voters could not use the initiative process to make laws that permit, regulate, or prohibit taking or transporting wildlife, or prescribe seasons or methods for taking wildlife. The measure failed with 36% of the vote. | Statute | |
| In re Endangered Species Act Section 4 Deadline Litigation-MDL No. 2165 | 704 F.3d 972 (D.C. Cir. Ct. App.,2013) | 2013 WL 45871 (D.C. Cir. Ct. App.,2013) |
After parties in a lawsuit over listing species as endangered or threatened agreed upon a settlement, the Safari Club motioned to intervene because the settlement might affect three species that the club's members hunt. The district court denied the motion to intervene as of right because the club lacked Article III standing and denied a permissive intervention because it would cause undue delay and prejudice to the parties; the court then approved the settlement and the club appealed. The appeals court affirmed the lower court's decision that the club lacked Article III standing for intervening as of right. The appeals court, however, in view of uncertainty whether Article III standing was required for permissive intervention, declined to exercise pendant appellate jurisdiction over the permissive intervention appeal. |
Case |
| WI - Veterinary - Chapter 89. Veterinary Examining Board | W.S.A. 89.02 - .08 | WI ST 89.02 - .08 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute |