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Title Citation Alternate Citation Agency Citation Summary Type
environmental authorities operation to confiscate night monkeys from malaria labs Slideshow Images
US - Dogs at Large - Subpart D. Impoundment Procedures. § 28.43 Destruction of dogs and cats. 41 FR 9171 50 C.F.R. § 28.43 This federal rule states that dogs and cats running at large on a national wildlife refuge and observed by an authorized official in the act of killing, injuring, harassing or molesting humans or wildlife may be disposed of in the interest of public safety and protection of the wildlife. Administrative
TX - Dogs, rescue - Chapter 785. Search and Rescue Dogs V.T.C.A., Health & Safety Code § 785.001 - .005 Tex. Health & Safety Code Ann. § 785.001 - .005 This chapter of laws deals with search and rescue dogs and their handlers. All search and rescue dog handlers must be certified by the National Association for Search and Rescue or another state or nationally recognized search and rescue agency. This chapter of laws allows for search and rescue dogs and their handlers equal access to all public facilities. If any person denies access to a search and rescue dog or their handler, he or she will be guilty of a misdemeanor punishable by a fine of not less than $300 or more than $1,000. If the search and rescue dog causes any damage while in the facility, the handler will be solely responsible. Statute
Morawek v. City of Bonney Lake 184 Wash. App. 487, 337 P.3d 1097 (2014) 2014 WL 6061489 (Wash. Ct. App. Nov. 13, 2014) A woman filed a complaint with the Bonney Lake animal control authority after her neighbor’s dog killed her cat. The animal control officer served plaintiff with paperwork stating that his dog satisfied the definition of a dangerous dog under the Bonney Lake Municipal Code because the dog had killed a domestic animal without provocation while off his owner's property. Plaintiff appealed the designation to the police chief, the city hearing examiner, and the superior court; all of which affirmed the designation. The Washington Court of Appeals, however, held that the hearing examiner's finding that the owner's dog killed the neighbor's cat without provocation was not supported by substantial evidence, as required to uphold a dangerous dog designation, even though the “location” element of the dangerous dog designation was satisfied. The dangerous dog designation was therefore reversed. Case
Federal Laws

The Animal Welfare Act (AWA)

Bald & Golden Eagle Protection Act (BGEPA)

Policy
CA - Slaughter - § 597.3. Live animal markets West's Ann. Cal. Penal Code § 597.3 CA PENAL § 597.3 This California statute regulates live animal markets. Operators must ensure that no animal (frogs, turtles, and birds, but not poultry) sold for the purpose of human consumption) is cut, dismembered, butchered, or de-feathered while still alive. Operators must also provide that no animals are confined in such a way that could case injury, starvation, dehydration, or suffocation. Violation may result in a warning for the first offense and an infraction for a second offense. Statute
Canada - Alberta - Alberta Statutes. Animal Protection Act R.S.A. 2000, c. A-41, s. 1 This set of laws from Alberta, Canada comprises the Animal Protection Act. The Act states that no person shall permit or cause an animal to be in distress. Specifically, a person who owns or is in charge of an animal must ensure that the animal has adequate food and water, must provide the animal with adequate care when the animal is wounded or ill, and must provide the animal with reasonable protection from injurious heat or cold as well as adequate shelter, ventilation and space. A person who contravenes this Act is guilty of an offence and liable to a fine of not more than $20,000 in addition to restrictions on owning animals for a specified period of time. The Act also outlines the power of both peace officers to take animals in distress into their custody and humane societies to provide care for seized animals. Statute
Creekstone Farms Premium Beef, L.L.C. v. Department of Agriculture 539 F.3d 492 (D.C.Cir., 2008) 2008 WL 3980533 (C.A.D.C.) Plaintiff, a supplier of beef products, brought an action against Defendant, the United States Department of Agriculture (USDA), after the USDA denied Plaintiff’s request to purchase Bovine Spongiform Encephalopathy (BSE) testing kits.   The United States Court of Appeals, District of Columbia Circuit found that the USDA has authority under the Virus Serum Toxin Act (VSTA) to regulate the use of biological products, the USDA’s interpretation of VSTA allowing the USDA to deny an import permit based on the product’s intended use was not inconsistent with the regulation and was therefore entitled to deference by the Court, the USDA’s interpretation of the word “treatment” as including diagnostic activities was entitled to deference, and that   BSE testing is a diagnostic activity for purposes of VSTA. Case
Brower v. Evans 257 F.3d 1058 (2001)

The district court held that the Secretary's Initial Finding, triggering a change in the dolphin-safe label standard, was not in accordance with the law and constituted an abuse of discretion because the Secretary failed to (1) obtain and consider preliminary data from the congressionally mandated stress studies and (2) apply the proper legal standard to the available scientific information. We affirm.

Case
Gonzalez v. South Texas Veterinary Associates, Inc. Not Reported in S.W.3d, 2013 WL 6729873 (Tex. App. Dec. 19, 2013), review denied (May 16, 2014) Plaintiff acquired an indoor/outdoor cat with an unknown medical and vaccination history. Plaintiff took cat to defendant for treatment and the cat received a vaccination. The cat soon developed a golf-ball-sized mass that contained a quarter-sized ulceration which was draining “matter” on the cat's right rear leg. When plaintiff returned the cat to the defendant, defendant diagnosed the cat with an infection, prescribed an antibiotic for treatment, and instructed Gonzalez to return if the cat's symptoms did not improve. When the cat's symptoms did not improve, plaintiff took the cat to another veterinarian who diagnosed the cat with vaccine-associated sarcoma. The cat had to be eventually euthanized. Acting pro se, the plaintiff filed suit, alleging that defendant failed to: (1) inform her of vaccine-associated sarcoma risk; (2) adhere to feline vaccination protocols; and (3) properly diagnose vaccine-associated sarcoma in the cat, which resulted in the loss of her life. On appeal, plaintiff asserted that the trial court erred by granting defendant's no-evidence and traditional motions for summary judgment. After examining the evidence in the light most favorable to plaintiff and disregarding all contrary evidence and inferences, the court concluded that the plaintiff brought forth more than a scintilla of probative evidence establishing the relevant standard of care to prove her malpractice claims. The trial court, therefore, erred by granting the no-evidence summary judgment. On the traditional summary judgment claim, the court held that that the defendant's evidence did not conclusively prove that a veterinarian complied with the applicable standard of care in light of another veterinarian's report to the contrary. The trial court, therefore, erred by granting defendant's traditional motion for summary judgment. The case was reversed and remanded. Case

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