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Ocean Mammal Inst. v. Gates |
Plaintiffs sued the Navy over the use of sonar; the Plaintiffs feared that the sonar would kill whales and other marine life. This case dealt with the required production of documents the Defendant claimed were privileged and or work product material. The Court found that the Defendant must hand over the material to the Plaintiffs because the documents were not in fact privileged.
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Oceana, Inc. v. Gutierrez |
This federal appeal concerns regulations issued by the National Marine Fisheries Service in 2004 for leatherback sea turtles. The leatherbacks experience mortality due to long-line fishing in the pelagic ocean after they become entangled or hooked on the lines. In 2001, the Service issued an RFA - reasonable and prudent alternative - to long-line fishing operations in the pelagic ocean off the coast of New Jersey where operators could replace
the industry-wide standard J-hook with circle hooks which would reduce mortality. Oceana
claim is that the Fisheries Service acted arbitrarily when it predicted that the measures it was putting in place would result in a 13.1 percent mortality rate by 2007 for leatherbacks caught in longlines. The Court of Appeals agreed with the
district court that the Service's judgment was not arbitrary or capricious when it predicted that fishing operators could achieve a 13.1 post-release mortality rate.
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Orangutana, Sandra s/ Habeas Corpus |
This decision was decided on an appeal of the writ of habeas corpus brought on behalf of an orangutan named Sandra after it was denied in its first instance. Pablo Buompadre, President of the Association of Officials and Attorneys for the Rights of Animals (AFADA) brought a writ of habeas corpus against the Government of the Autonomous City of Buenos Aires and the City Zoological Garden of Buenos Aires on behalf of the hybrid of two different orangutan species, Sandra. AFADA sought the immediate release and relocation of Sandra to the primate sanctuary of Sorocaba, in the State of Sao Paulo in Brazil. AFADA argued that Sandra had been deprived illegitimately and arbitrarily of her freedom by the authorities of the zoo, and that her mental and physical health was at the time deeply deteriorated, with imminent risk of death. For the first time, basic legal rights were granted to an animal. In this case, Argentina’s Federal Chamber of Criminal Cassation ruled that animals are holders of basic rights. The Court stated that “from a dynamic and non-static legal interpretation, it is necessary to recognize [Sandra] an orangutan as a subject of rights, as non-human subjects (animals) are holders of rights, so it imposes her protection."
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Oregon Natural Desert Ass'n v. Kimbell |
After filing a complaint challenging certain decisions by the United States Forest Service and the National Marine Fisheries Service authorizing livestock grazing within a national forest, Plaintiffs filed a Motion for Temporary Restraining Order and/or Preliminary Injunction seeking an order prohibiting the authorization of livestock grazing on certain public lands until Plaintiffs’ claims could be heard on the merits.
The United States District Court, D. Oregon granted Plaintiffs’ motion, finding that Plaintiffs are likely to succeed on the merits of at least one of its claims, and that Plaintiffs made a sufficient showing that irreparable harm would likely occur if the relief sought is not granted.
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Ouderkirk v. People for Ethical Treatment of Animals, Inc. |
The plaintiffs in this case own a chinchilla ranch in mid-Michigan. They filed a complaint alleging that PETA lied to them to gain access to their farm, took video footage of their farm operation, and then published an exposé on PETA's website that put the plaintiffs in an unfavorable false light. The court ultimately granted defendant-PETA's motion for summary judgment on all the issues. The court observed that the Ouderkirks gave permission for the taping in an email that makes no reference to any restriction on that consent. Further, the primary use made of the plaintiffs' likenesses by the defendant was to advocate against the chinchilla trade; thus, PETA had a right under the First Amendment to disseminate the information containing the plaintiffs' likenesses.
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Overview of Great Apes under the Animal Welfare Act |
This is a brief overview of the regulation of Great Apes under the Animal Welfare Act. |
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Overview of Great Apes under the Chimpanzee Health Improvement, Maintenance, and Protection Act |
This is a brief overview of the regulation of Great Apes under the CHIMP act. |
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Overview of Great Apes under the Endangered Species Act |
This is a brief overview of the regulation of Great Apes under the Endangered Species Act. |
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Overview of the Migratory Bird Treaty Act |
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Overview of Wildlife Services |
This overview describes the role and function of Wildlife Services within the USDA. It briefly outlines the creation of the agency as the body that administers the Animal Damage Act of 1931. The document then outlines the methods of control of livestock, including lethal and non-lethal methods. Concern over two particular methods of wildlife control - "denning" and use of M-44 cyanide capsules - are included and how animal welfare organizations have responded to the controversy. Finally, the paper concludes with a description of the progress several counties in California have made to control damage by wildlife without resorting to WS policy and control methods. |
