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Title Citation Alternate Citation Agency Citation Summary Type
Indiana v. Massachusetts 202 L. Ed. 2d 564, 139 S. Ct. 859 (2019) 139 S.Ct. 859 (Mem) (U.S.,2019) A coalition of multiple states filed a lawsuit against Massachusetts in the U.S. Supreme Court. Thirteen states, Indiana, Alabama, Arkansas, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin, filed suit against the state of Massachusetts in response to the animal welfare laws created by Massachusetts Question 3. The states claimed to have direct standing to challenge the Massachusetts law because state agencies and instrumentalities own and operate farms that are subject to the Massachusetts law and wish to continue to sell products to other states, including Massachusetts. The states also claimed parens patriae standing on behalf of farmers and consumers within their borders that would be affected by the Massachusetts law. The plaintiff states filed suit in the U.S. Supreme Court requesting that the Court declare the Massachusetts law unconstitutional. The Court denied the motion for leave to file a bill of complaint because hearing the case would not be an appropriate use of the Court’s original jurisdiction. The Court stated that, in order to resolve plaintiff’s challenge and address the issues of standing and the merits of the case, the Court would need to resolve complex factual disputes. The Court reasoned that such disputes are better suited to resolution in federal district court, not the U.S. Supreme Court. Case
Derecho Animal Volume 12 Núm 2

Vol. 12 Núm. 2 (2021)

 

Tabla de contenidos

número de página

Editorial

 

Estatuto jurídico de los animales en el Código civil.

Policy
IL - Exotic pets - Act 68. Herptiles-Herps Act 510 ILCS 68/1-1 to 510 ILCS 68/110–5 IL ST CH 510 § 68/1-1 to IL ST CH 510 § 68/110–5 Under the Herptiles-Herps Act reptiles and amphibians are exempt from the definition of “aquatic life” under the Fish and Aquatic Life Code. All rules and enforcement actions under the Illinois Conservation Law and the dangerous animals statutes related to reptiles and amphibians are now covered exclusively by this Act. Statute
GA - Endangered - Article 5. Protection of Endangered Wildlife Ga. Code Ann., § 27-3-130 to 133 GA ST §§ 27-3-130 to 133 These statutes provide for the definition of "protected" species and outline the duties of the board responsible for enforcing Georgia's endangered species law. Included in the Board's duties are inventorying and designating listed species and promulgating regulations. Violation of these regulations results in a misdemeanor. Statute
WI - Montello - Breed - § 117-17 Pit Bull Dogs. MONTELLO, WI., CODE § 117-17 (1989)

In Montello, Wisconsin, it is unlawful to keep, harbor, own or possess any pit bull dog, provided that dogs previously registered may be kept subject to certain requirement. These requirements are keeping the dog properly confined or on a leash and muzzle, posting a "Beware of Dog” sign, keeping $50,000 liability insurance, and taking photographs for identification purposes. Sale or transfer of ownership of pit bulls is prohibited. Failure to comply may result in the seizure and impoundment of the dog, a fine of up to $1,000 and imprisonment for up to 30 days.

Local Ordinance
CA - Vehicle - § 23117. Transportation of animals; enclosure or restraint requirements West's Ann.Cal.Vehicle Code § 23117 CA VEHICLE § 23117 This California law prohibits any person from transporting any animal in the open back of a vehicle on a highway unless the vehicle has sides that extend 46" vertically, or the animal is secured in a cage and cross-tethered to prevent it from jumping out of the vehicle. The law targets the transporting of dogs in the back of pickup trucks. Exclusions include the transportation of livestock and farm dogs. Statute
JP - Cruelty - LAW CONCERNING THE PROTECTION AND CONTROL OF ANIMALS Law No. 105, October 1, 1973

Article 1 states that, "The purpose of this Law is to prescribe matters relating to the prevention of cruelty to animals, the appropriate treatment of animals and other matters relating to the protection of animals, and to engender a feeling of love for animals among the people, thereby contributing to the development of respect for life and sentiments of amity and peace; and to prescribe matters relating to the control of animals, thereby preventing harm being done by animals to human life, body and property."

Statute
Beasley v. Sorsaia 880 S.E.2d 875 (2022) 247 W.Va. 409 (W.Va., 2022) Petitioner was charged with animal cruelty in West Virginia. The incident stemmed from 2020 where humane officers in Putnam County seized several horses and a donkey that were denied “basic animal husbandry and adequate nutrition[.]” After the seizure, petitioner claimed the magistrate lacked jurisdiction to dispose of the case because farm animals are excluded under the Code. That motion was granted by the magistrate and the animals were returned to the petitioner. After a short period of time, petitioner was charged with six counts of criminal animal cruelty and again the magistrate dismissed the complaint. However, the magistrate stayed the dismissal on the State's motion so that the circuit court could determine whether § 61-8-19(f) excludes livestock. The circuit court agreed that the section encompasses livestock from inhumane treatment and the magistrate was prohibited from dismissing the complaint. Petitioner now appeals that decision here. This court first examined the anti-cruelty statute finding that the structure of the exception under subsection (f) refers back to the conditional phrase that ends in "standards" for keeping the listed categories of animals. The court disagreed with the petitioner's claim of a "blanket exclusion" for livestock since the Commissioner of Agriculture has promulgated rules that govern the care of livestock animals that includes equines. The court rejected petitioner's attempt to parse the placement of clauses and antecedents to support her claim. The court held that § 61-8-19(f) establishes an exclusion for farm livestock only when they are “kept and maintained according to usual and accepted standards of livestock ... production and management." The circuit court's writ of prohibition was affirmed and the matter was remanded. Case
US - Wildlife - § 12.36 Donation or loan. 67 FR 47660 50 C.F.R. § 12.36 This provision describes the applicable donation or loan procedures for forfeited or abandoned wildlife property. Of particular interest is the section that requires that donation of eagle parts to Native Americans for religious purpose must proceed according to the Indian religious permit procedures outlined in 50 C.F.R. 22.22. Administrative
AL - Lien, vet - § 35-11-390. Lien declared Ala. Code 1975 § 35-11-390 - 391 AL ST § 35-11-390 - 391 This Alabama section relates to veterinary liens. The law states that every licensed veterinarian has a lien on every animal kept, fed, treated or surgically treated or operated on by him or her while in his or her custody and under contract with the owner of such animal. This lien is for payment of the veterinarian's charges for keeping, feeding, treating or surgically treating or operating on such animal, and the vet has the right to retain such animal until said charges are paid. Statute

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