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Title Citation Alternate Citation Agency Citation Summary Type
Gill v. Prehistoric Ponds, Inc. 634 S.E.2d 769 (Ga.App., 2006) 2006 WL 1550709 (Ga.App.), 280 Ga.App. 629 (2006)

In this Georgia case, the Court of Appeals held that, on issue of first impression, an alligator farm was not a "farm" within meaning of the state statute that exempted "farm laborers" or their employers from coverage under the Workers' Compensation Act (Gill was bitten while cleaning out a pen and subsequently developed both a bone infection and salmonella). In construing the relevant statutes, the court found that in the chapter on Employment Security Law (ESL), the legislature meant that individuals who raise or tend wildlife perform "agricultural labor," but only when they do so on a "farm," which is "used for production of stock, dairy products, poultry, fruit, and fur-bearing animals." Accordingly, the court concluded that when Gill cleaned out the alligator pens, he was caring for wildlife and thus performing "agricultural labor." However, his employer, an alligator farm, was not a "farm" because alligators are "wildlife," not "[live]stock ... [or] fur-bearing animals." 

Case
KY - Horse - Chapter 189. Traffic Regulations KRS § 189.510 KY ST § 189.510 This interesting Kentucky law provides that no person shall ride a horse, nor shall the owner of a horse consent to the racing of his horse, in a horse race on a highway. Statute
Gordon v. Norton 322 F.3d 1213 (10th Cir. 2003) 322 F.3d 1213, 55 ERC 2135

Appellants Stephen Gordon and the Diamond G Ranch, Inc. challenged the Fish and Wildlife Service's control of gray wolves introduced under the Northern Rocky Mountain Wolf Recovery Plan near the Diamond G in the Dunoir Valley of northwestern Wyoming. Seeking declaratory and injunctive relief, they filed this action in federal district court alleging violations of the Fifth Amendment Takings Clause and the regulations promulgated under the Endangered Species Act. The district court dismissed the takings claims for lack of subject matter jurisdiction and the ESA claims as not yet ripe for review. This court affirmed the lower court.

Case
EU - Farming - COUNCIL DIRECTIVE 93/119/EC on the protection of animals at the COUNCIL DIRECTIVE 93/119/EC

This directive reflects the EU's concern for a need to establish common minimum standards for the protection of animals at the time of slaughter or killing in order to ensure rational development of production and to facilitate the completion of the internal market in animals and animal products. The directive also states that at the time of slaughter or killing animals should be spared any avoidable pain or suffering.

Statute
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
US - Critical Habitat - Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population f 50 CFR Part 17, RIN 1018-AH44, 2005 WL 779150 (F.R.)

This final rule is a collaborative effort between the FWS and the states of Tennessee and Alabama and Conservation Fisheries, Inc. to reintroduce the boulder darter ( Etheostoma wapiti ) , an endangered fish, and the spotfin chub ( Cyprinella (= Hybopsis ) monacha ) , a threatened fish to its historical habitat in Lauderdale County Alabama and Lawrence County, Tennessee.   This rule provides for Non-essential Experimental Populations (NEP) within the designated area and it establishes limited allowable legal takings in that area.   Additionally, this rule also changes the scientific name of the spotfin chub from Cyprinella (= Hybopsis ) monacha to Erimonax monachus , to reflect a recent change in the scientific literature.

Administrative
US - Eagle - Endangered and Threatened Species; Bald Eagle Reclassification; Final Rule Federal Register: July 12, 1995 (Volume 60, Number 133) RIN 1018-AC48

The Fish and Wildlife Service reclassifies under the Endangered Species Act of 1973 (Act), as amended, the bald eagle (Haliaeetus leucocephalus) from endangered to threatened in the lower 48 States. The bald eagle remains classified as threatened in Michigan, Minnesota, Wisconsin, Oregon, and Washington where it is currently listed as threatened. The special rule for threatened bald eagles is revised to include all lower 48 States. This action will not alter those conservation measures already in force to protect the species and its habitats. The bald eagle also occurs in Alaska and Canada, where it is not at risk and is not protected under the Act. Bald eagles of Mexico are not listed at this time due to a recently enacted moratorium on listing additional taxa as threatened or endangered.

Administrative
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
MN - Endangered Species - Natural Resources (Ch. 83A-84). Chapter 84. Department of Natural Resources M. S. A. §§ 84.0895, 84.944, 97A.245, 97A.501 MN ST § 84.0895, 84.944, 97A.245, 97A.501 This statute protects endangered and threatened species in Minnesota, as defined in the statute. Under the law, a person may not take, import, transport, or sell any portion of an endangered species of wild animal or plant, or sell or possess with intent to sell an article made with any part of the skin, hide, or parts of an endangered species of wild animal or plant. Violation of the statute is a misdemeanor. Statute
Giaconia v. Delaware County Soc. for the Prevention of Cruelty to Animals Slip Copy, 2008 WL 4442632 (E.D.Pa.)

Plaintiff brought various claims against Defendants after Plaintiff’s cat was euthanized prior to the standard 72 hour waiting period.   On Defendants’ motion to dismiss, the United States District Court, E.D. Pennsylvania found that Defendants were not acting under color of law.   Because any and all claims for which the Court had original jurisdiction were being dismissed, the Court declined to exercise supplemental jurisdiction over Plaintiff’s State law claims.  

Case

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