Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| American Bird Conservancy v. Harvey | 232 F. Supp. 3d 292 (E.D.N.Y. 2017) | 2017 WL 477968 (E.D.N.Y., 2017) |
Plaintiff, American Bird Conservancy, is a non-profit organization that was dedicated to the conservation of the Piping Plover (a threatened species) in this case. The individual Plaintiffs, David A. Krauss and Susan Scioli were also members of the organization, who observed Piping Plovers at Jones Beach, in New York State for many years. The Plaintiffs brought an action against Defendant Rose Harvey, the Commissioner of the New York State “Parks Office”. The Plaintiffs asserted that the Commissioner failed to act while members of the public routinely fed, built shelters, and cared for the feral cats on Jones Beach. As the cat colonies flourished, the Piping Plover population decreased due to attacks by the cats. The Plaintiffs contended that by failing to take measures to decrease the feral cat population, the Commissioner was allowing the cats to prey on the Piping Plover, in violation of the federal Endangered Species Act (ESA). The Commissioner moved to dismiss the complaint. The District Court, held that: (1) the affidavit and documentary evidence provided by the Alley Cat Allies (ACA) organization was outside the scope of permissible supporting materials for the motion to dismiss. (2)The Plaintiffs had standing to bring action alleging violation of the Endangered Species Act. The Commissioners motion to dismiss was denied. |
Case |
| Animal Legal Defense Fund v. United States Department of Agriculture | 2017 WL 2352009 (N.D. Cal. May 31, 2017) (unpublished) | The United States Department of Agriculture (USDA) regularly posted documents about the enforcement activities of the Defendant, Animal and Plant Health Inspection Service, (“APHIS”). The documents were posted on two online databases. However, APHIS grew concerned that its Privacy Act system was insufficient. Therefore, the USDA blocked public access to the two databases so that it could review and ensure that the documents did not contain private information. However, the Plaintiffs, animal welfare non-profit organizations, asserted that by blocking access to the databases, the USDA breached its obligations under the Freedom of Information Act's (“FOIA”)'s reading-room provision. The Plaintiff’s also asserted that the USDA's decision to block access was arbitrary and capricious in violation of the Administrative Procedures Act (“APA”). Plaintiff's motioned for a mandatory preliminary injunction. The United States District Court, N.D. California denied the Plaintiffs motion and held that the Plaintiffs are not likely to succeed on their FOIA claim because (1) there is no public remedy for violations of the reading room provision and they have not exhausted administrative remedies. (2) The Plaintiffs are not likely to succeed on their claim under the APA because FOIA provides the Plaintiffs an adequate alternative remedy. The Plaintiffs cannot establish that they are likely to suffer irreparable harm absent an injunction or that the balance of harms weighs in their favor in light of the on-going review and privacy interests asserted by the USDA. | Case | |
| 907 Whitehead Street, Inc. v. Secretary of U.S. Dept. of Agriculture | 701 F.3d 1345 (C.A.11 (Fla.)) | 2012 WL 6061706 (C.A.11 (Fla.)) |
The appellant in this case, the Ernest Hemingway Home and Museum in Key West, Florida ("Museum"), appeals the lower court's determination that it is an animal exhibitor for purposes of the Animal Welfare Act ("AWA"). Appellant contends that while admission is charged for the Museum, it does not exhibit the Hemingway cats to the public for compensation; thus, the cats are not distributed through interstate commerce. The court, however, found that since the AWA itself is ambiguous on the question of whether "distribution" includes the fixed-site commercial display of animals, the USDA's broader interpretation of "distribution" and "exhibitor" are entitled to legal deference. While the court sympathized with the museum's frustrations, it affirmed the district court's findings of law and held that Museum is an AWA animal exhibitor subject to USDA regulation |
Case |
| Access Now, Inc. v. Town of Jasper, Tennessee | 268 F.Supp.2d 973, 26 NDLR P 107 (E.D.Tenn.,2003) | Plaintiffs Access Now, Inc. and Pamela Kitchens, acting as parent and legal guardian on behalf of her minor daughter Tiffany brought this action for declaratory judgment and injunctive relief against defendant Town of Jasper, Tennessee under the ADA after the town denied her request to keep a keep miniature horse as service animal at her residence. The town's ordinance at issue provided that no person shall keep an enumerated animal within 1000 feet of any residence without a permit from the health officer. The Jasper Municipal Court held a hearing and determined that the keeping of the horse was in violation of the code and ordered it removed from the property. On appeal, this Court found that while the plaintiffs contended that the horse helped Tiffany in standing, walking, and maintaining her balance, Tiffany does not have a disability as defined by the ADA and does not have a genuine need to use the horse as a service animal. Further, the Court found that the horse was not a service animal within the meaning of 28 C.F.R. § 36.104 because the animal was not used in the capacity of a service animal and instead was a companion or pet to Tiffany. The plaintiffs' complaint was dismissed with prejudice. | Case | |
| Adams v. Vance | 187 U.S. App. D.C. 41; 570 F.2d 950 (1977) |
An American Eskimo group had hunted bowhead whales as a form of subsistence for generations and gained an exemption from the commission to hunt the potentially endangered species. An injunction was initially granted, but the Court of Appeals vacated the injunction because the interests of the United States would likely have been compromised by requiring the filing of the objection and such an objection would have interfered with the goal of furthering international regulation and protection in whaling matters. |
Case | |
| ALDF v. Glickman | 154 F.3d 426 (1998) |
Animal welfare group and individual plaintiffs brought action against, inter alia, United States Department of Agriculture (USDA), challenging its regulations concerning treatment of nonhuman primates on grounds that they violated USDA's statutory mandate under Animal Welfare Act (AWA). |
Case | |
| ALDF v. Glickman | 204 F.3d 229(2000) | 340 U.S.App.D.C. 191(2000) |
Animal welfare organization and individual plaintiffs brought action against United States Department of Agriculture (USDA), challenging regulations promulgated under Animal Welfare Act (AWA) to promote psychological well-being of nonhuman primates kept by exhibitors and researchers. The Court of Appeals held that: (1) regulations were valid, and (2) animal welfare organization did not have standing to raise procedural injury. Case discussed in topic: US Animal Welfare Act |
Case |
| ALDF v. Quigg | 932 F.2d 920(Fed. Cir. 1991) | 1991 U.S. App. LEXIS 7884 | This case establishes the relative inability of third parties to challenge the veracity of an existing patent for genetically engineered animals. Judicial review is rare in such cases because third party plaintiffs, under the Administrative Procedures Act, lack standing to challenge the Patent and Trademark Office's interpretation of existing law. | Case |
| Allen v. Pennsylvania Society For The Prevention of Cruelty To Animals | 488 F.Supp.2d 450 (M.D.Pa., 2007) | 2007 WL 1454514 (M.D.Pa.) |
This is a § 1983 civil rights action brought by Robert Lee Allen against certain state actors arising from their search of his property, seizure of his farm animals, and prosecution of him for purported violations of Pennsylvania's cruelty-to-animals statute. The animals Allen typically acquires for his rehabilitation farm are underweight, in poor physical condition, and suffer from long-standing medical issues. After receiving a telephone complaint regarding the condition of the horses and other livestock on Allen's farm, humane officers visited Allen's property to investigate allegations. Subsequently, a warrant to seize eight horses, four goats, and two pigs was executed on a day when the officers knew Allen would be away from his farm with "twenty five assorted and unnecessary individuals." The court held that the farmer's allegations that state and county humane societies had a custom, policy or practice of failing to train and supervise their employees stated § 1983 claims against humane societies. Further, the defendants were acting under color of state law when they searched and seized farmer's property.
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Case |
| Alliance for the Wild Rockies v. Austin | 55 F. Supp. 3d 1294 (D. Mont. 2014) | 2014 WL 5439589 | Plaintiff challenged the defendants' approval of the Rennic Stark Project in the Ninemile Ranger District of the Lolo National Forest under the National Environmental Policy Act, the National Forest Management Act, the Endangered Species Act, and the Administrative Procedure Act. The Project proposed a host of forest management measures. Under the National Environmental Protection Act, the defendant published an Environmental Assessment (“EA”) for the project in November 2012. The EA discussed the likely effects of the project on a number of wildlife species, including the ESA-listed threatened Canada lynx, the Forest Service-sensitive fisher, the Forest Service-sensitive North American wolverine, goshawk, and westslope cutthroat trout. The defendant signed and issued a Decision Notice adopting Alternative 2 from the EA, as well as a Finding of No Significant Impact. Plaintiff timely appealed the defendant's decision, but the defendant denied the appeal. Plaintiff then filed its complaint in this court and moved for summary judgment. Defendants filed their cross-motion for summary judgment. Plaintiff's motion for summary judgment was denied on all claims and defendants’ motion for summary judgment was granted on all claims. | Case |