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Title Citation Alternate Citation Summary Type
Zimmerman v. Wolff 622 F.Supp.2d 240 (E.D. Pa. 2008) Plaintiff initiated this action against defendant in his official capacity as Secretary of the Pennsylvania Department of Agriculture, asking the Court to enjoin defendant from seizing plaintiff's dogs and from preventing him from operating his dog kennel under his federal license. Plaintiff simultaneously filed a motion for a temporary restraining order and a preliminary injunction. The State moved for dismissal due to lack of subject matter jurisdiction. Since the Animal Welfare Act did not create a private cause of action, the district court dismissed the claim for lack of subject matter jurisdiction. Plaintiff’s constitutional claims were also dismissed because the court lacked subject matter jurisdiction over constitutional claims brought against state actors directly. Plaintiff’s motions were therefore denied and defendant’s motion was granted. The court went on to address whether it would be appropriate to grant plaintiff leave to amend his complaint to bring the Commerce and Supremacy clause claims under 42 U.S.C. § 1983 and found that it would be futile for both. Case
Ley Federal de Responsabilidad Ambiental Ley Federal de Responsabilidad Ambiental This law governs environmental responsibility arising from environmental harm and addresses the legal damages and consequences resulting from such harm. It recognizes damages caused to the environment regardless of the damages caused to the owner of the land and the natural resources. Statute
ID - Cruelty - Consolidated Cruelty Statutes I.C. § 25-3501 - 3521; I.C. § 18-6602 ID ST § 25-3501 - 3521; § 18-6602 These Idaho statutes comprise the state's anti-cruelty and animal fighting provisions. Every person who is cruel to any animal and whoever having the charge or custody of any animal subjects any animal to cruelty is guilty of a misdemeanor. "Animal" means any vertebrate member of the animal kingdom, except humans. "Cruelty" is defined as the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal as well as the negligent deprivation of necessary sustenance, among other things. Dogfighting and cockfighting exhibitions are also prohibited, but the rearing of gamecocks regardless of their later intended use is not prohibited. Statute
CA - Crimes, warrants - § 599a. Violations involving animals or birds; procedure West's Ann. Cal. Penal Code § 599a CA PENAL § 599a If a complainant believes that any provision of law relating to, or in any way affecting, dumb animals or birds, is being, or is about to be violated in any particular building or place, a magistrate may issue and deliver immediately a warrant directed to law enforcement, authorizing him to enter and search that building or place, and to arrest any person there present violating, or attempting to violate, any law relating to, or in any way affecting, dumb animals or birds. Statute
IN RE: MICHEAL McCALL AND KATHY McCALL 52 Agric. Dec. 986 (1993) 1993 WL 459890 (U.S.D.A.) This opinion held that the USDA may impose sanctions even if respondent dealer is not licensed. Respondents were operators of kennel facilities in Washington, Kansas, and in nearby Reynolds, Nebraska. In 1991 and 1992, Respondents each applied for dealer's licenses under the Act and both were denied. The Judicial Officer affirmed that part of the Order by Judge Bernstein (ALJ) assessing civil penalties of $7,500, and ordering Respondents to cease and desist from engaging in any activity for which a license is required without being licensed, and failing to maintain their facilities in accordance with the regulations and standards involving housing, shelter, veterinary care, records, sanitation, cleaning, food, and water. However, the Judicial Officer increased from 1 year to 10 years the period in which Respondents are disqualified from becoming licensed under the Act and regulations. Case
CITES - List of Reservations

Specific reservations entered by Parties

in effect from 14 September 2014

 

Treaty
Nigeria - Endangered Species - Endangered Species Act (in English) Decree No. 11 of 1985 The hunting or capture of or trade in animal species listed in the First Schedule to this Act is absolutely prohibited. Furthermore, no person shall hunt, capture, trade in or otherwise deal with an animal species specified in the Second Schedule to this Act except if that person is in possession of a license issued under this Act. The act also sets out the conditions of licenses and permits. The Minister may by an order publish in the Federal Gazette alter the list of animals specified in the First or Second Schedule to this Act by way of addition, substitution or deletion or otherwise. Penalties for violations are also provided. Statute
Ecuador - Environmental - Decreto Ejecutivo 752 Regulations to the Code of the Environment Decreto 752 regulates the environment code. It comprises seven books that regulate each of the books in the Environmental Code regulating topics such as natural heritage, environmental quality, climate change, the coastal marine zone, environmental incentives, etc. These books contain chapters, sections, and provisions concerning wildlife, urban fauna, protected areas, production, and sustainable use, etc. This regulation establishes that all wildlife species are protected by the government, and gives special priority to native, endemic, threatened, and migratory species. It prohibits the commercial trade of wildlife from being used as pets without authorization; the commercial trade of native, endemic, threatened, and migratory wildlife species directly taken from their natural habitat; and other prohibitions that the environmental authority may establish. This executive decree also regulates the application of The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Chapter V, articles 106-121. Statute
US - Grazing - Taylor Grazing Act 43 USC 315 - 315r Statute empowers Secretary of the Interior to establish and oversee grazing districts on federal land via a system of permits. Statute
AR - Domestic Violence - Chapter 15. Domestic Abuse ACA §§ 9-15-205 and 9-15-401 to 407 AR ST §§ 9-15-205 and 9-15-401 to 407 Upon a finding of domestic abuse, a court may "[d]irect the care, custody, or control of any pet. owned, possessed, leased, kept, or held by either party residing in the household" in an order for protection filed by a petitioner. Arkansas also defines emotional abuse to include harming a spouse's pet in its Spousal Safety Plan Act; emotional abuse, if committed by a spouse against their spouse, also constitutes spousal abuse. Statute

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