Federal

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Titlesort descending Summary
New York Pet Welfare Ass'n, Inc. v. City of New York

(Aff'd on appeal to 2nd Circuit: New York Pet Welfare Association, Inc. v. City of New York, 850 F.3d 79 (2d Cir. 2017). Plaintiffs, a non-profit group trade association of pet stores ("NYPWA"), dog and cat breeders and dealers, veterinarians, and pet owners, brought this action against New York City, the city council, and council members, alleging that defendants have adopted laws that violate the Supremacy Clause, the Commerce Clause, the Equal Protection Clause, and the Due Process Clause of the U.S. Constitution, as well as New York law that governs veterinary medicine, the treatment of animals, and equal protection. The challenged law relate to the sale of dogs and cats in the city that require pet stores to obtain pets from Class A USDA licensees in good standing and that the pet stores spay and neuter the pets before selling them. In rejecting NYPWA's federal preemption claim, the court found that the AWA specifically contemplates local regulation in § 2143(a)(8) and previous cases have found no conflict even where the local legislation bans what is otherwise allowed under the AWA. The court also found no conflict with state law (N.Y. Gen. Bus. § 753–d) or other laws concerning veterinary licensing, pet shops, and animal cruelty. In dismissing plaintiff's Equal Protection argument, the court was not persuaded that pet stores and shelters/rescues are "similarly situated" to support the claim. Additionally, the court found a rational basis to support any differential treatment. NYPWA also alleged that the Pet Shop Laws violate the dormant Commerce Clause, arguing that the laws impermissibly regulate extraterritorially and favor local interests. The court found that even if plaintiff's factual allegations were true, the law was not economic protectionism, but an attempt to curb problems with homeless animals and euthanasia. Finally, the court found not due process violations (substantive or procedural) where there is no interference with a constitutionally protected right. NYPWA's motion to dismiss the claims is granted and the motion for preliminary injunction was denied.
Newell v. Baldridge


Newell was a tropical fish importer who became involved in a mislabeling scheme to import endangered sea turtles.  On appeal, Newell claimed he lacked the requisite knowledge or intent because he did not directly handle the imported sea turtles, he could not have known that they were mislabeled.  The court held that substantial evidence in the record supports the findings below that Newell knew or should have known of the mislabeling of the shipments of sea turtles.  Further, the court upheld the imposition of $1,000 penalty for each violation of the Lacey Act because of the mulit-violation, mislabeling scheme and the vital public interest in deterring illegal wildlife trade.
Newsome v. Erwin


Plaintiff brought § 1983 action against county sheriff and others alleging that defendants violated his Eighth and Fourteenth Amendment rights when they shot and killed his pet lioness.
Newton County Wildlife Ass'n v. U.S. Forest Service Newton County Wildlife Association sued the United States Forest Service seeking judicial review of four timber sales in the Ozark National Forest. The Wildlife Association filed sequential motions to preliminarily enjoin the sales as violative of the Wild and Scenic Rivers Act (WSRA) and the Migratory Bird Treaty Act (MBTA). The district court1 separately denied each motion, and the Wildlife Association separately appealed those orders. The Court held that because the Forest Service may limit WSRA plans to lands lying within designated river segments, failure to timely prepare the Plans cannot be a basis for enjoining timber sales on lands lying outside any designated area. With respect to the MBTA, the Court held that "it would stretch this 1918 statute far beyond the bounds of reason to construe it as an absolute criminal prohibition on conduct, such as timber harvesting, that indirectly results in the death of migratory birds." Therefore, the Court affirmed the district court's denial of injunctive relief.
Nichols v. Lowe's Home Center, Inc.


A customer brought an action against Lowe's home improvement store to recover for injury sustained when a "wild bird" flew into the back of her head while she was shopping in the gardening area.  The plaintiff argued that the defendant did not exercise reasonable care in making the premises safe and that the defendant did not warn customers that the birds were a dangerous condition on the premises.  In granting the owner's motion for summary judgment, the court held that the store owner did not owe customer a duty under Illinois law to protect her from wild bird attack since attack was not reasonably foreseeable.  Further, the store owner was not the "owner" or "keeper" of a "wild bird" within meaning of Illinois Animal Control Act.
North American Meat Institute v. Becerra The North American Meat Institute (NAMI) brought suit in federal district court to challenge the constitutionality of California’s Proposition 12 brought suit in federal district court to challenge the constitutionality of California’s Proposition 12 (which forbids the sale of pork meat and eggs in California from producers that do not comply with its animal housing standards). NAMI alleged that Proposition 12 violated the dormant commerce clause by improperly regulating economic activity outside of California’s boundaries and substantially burdening interstate commerce. Plaintiffs acknowledged that Proposition 12 was not facially discriminatory, and that Proposition 12 did not have a discriminatory purpose, because there was a lack of evidence that the state had protectionist intent when enacting Proposition 12. The district court dismissed the case, and the court of appeals affirmed the judgment of the lower court.
Northern Arapahoe Tribe v. Hodel


After the Secretary of the Interior promulgated regulations establishing a game code regulating hunting on the reservation, the Arapahoe Tribe of Wyoming sued the Secretary and other federal officials, seeking declaratory and injunctive relief to prevent enforcement of the regulations.  At issue, was  a concern over the declining big game populations on the reservation and surrounding areas due to an unusually harsh winter and over-hunting.  The Court of Appeals held that the government had the right to enact the game code because the rights of two tribes overlapped with regard to a limited resource, and the "[g]overnment's right extends to preventing overuse by the Arapahoe of their shared right when that overuse endangers the resource and threatens to divest the Shoshone of their right."  Where there exists a risk of extinction, the government may enact interim game code measures to prevent the threat when the tribes fail to enact their own game codes. 
Northwest Ecosystem Alliance v. U.S. Fish and Wildlife Service


The Endangered Species Act protects not just species, but also "distinct population segments" of species. The Fish and Wildlife Service refused to list the Western Gray Squirrel as endangered in Washington State, even though its numbers are low there, because it determined that the squirrels in Washington are not significant to the species as a whole. The court upheld this decision.
O'Neill v. Louisville/Jefferson County Metro Government


Dog owners sued city-county government and director of city animal-control agency under § 1983 for violations of Fourteenth Amendment after a warrantless search of home and seizure of their dogs. The Court of Appeals held that the owners did not need a breeder's license because their home was not a “Class A kennel.” It also held that the initial entry into owners' home by undercover animal-control officers was not a Fourth Amendment search because it did not infringe on owners' expectation of privacy. However, the consent-once-removed doctrine did not allow uniformed animal-control officers to enter home without a warrant.
Ocean Advocates v. United States Army Corps of Engineers


An environmental group brought an action against the U.S. Army Corps Engineers and BP for violating both the National Environmental Policy Act and the Marine Mammal Protection Act.  Defendants counter-claimed that the environmental group lacked standing  and that the claim was barred by laches.  The Court of Appeals affirmed the denial of defendants' motion for summary judgment, reversed summary judgment against the environmental group, and remanded the case for consideration of the environmental group's request for injunctive relief.  

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