Federal

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Titlesort descending Summary
Animal Protection Institute of America, Inc. v. Hodel


In this case, animal protection groups sued the Secretary of the Interior to enjoin or restrain him from allowing the adoptions of wild horses and burros under circumstances where the defendants know the horses are being adopted for commercial slaughter or exploitation. Defendants opposed the motion and and argued that the Secretary has duly promulgated regulations permitting adoptions of such animals and provided that the animals are humanely cared for during the one year period provided for in 16 U.S.C. § 1333(c). This Court granted plaintiffs' motion, enjoining the Secretary from transferring the titles of wild free-roaming horses and burros to individuals who have, prior to the expiration of the one year “probationary period” expressed to the Secretary an intent to use said animals for commercial purposes.

Animal Welfare Institute v. BP America, INC
Animal Welfare Institute v. Kreps


These appeals arise from a complaint filed in the District Court challenging a decision by the Government appellees to waive the moratorium imposed by the Marine Mammal Protection Act (MMPA) [FN1] so as to permit importation into the United States from South Africa of baby fur sealskins.  We reverse, holding that appellants do have standing and that the Government's decision to waive the ban on importing baby fur sealskins violates the Marine Mammal Protection Act.

Animal Welfare Institute v. Martin


Animal welfare organizations sued the State of Maine under the Endangered Species Act (ESA) to stop the authorization of trapping activity that affected Canada lynx. The Court of Appeals held that such organizations had standing to sue, but that the District Court did not err in its refusal to grant a permanent injunction banning foothold traps or other relief.

Animal Welfare Institute v. Martin


Plaintiffs in this case filed motions for a preliminary injunction and a temporary restraining order to halt the commencement of the early coyote and fox trapping season in the state of Maine. Plaintiffs claim that the Maine Department of Inland Fisheries and Wildlife (DIFW)Commissioner had violated the ESA by allowing trapping activities that “take” Canada lynx, a threatened species. The DIFW stated that the Court has already addressed a motion for preliminary injunction and an emergency motion for temporary restraining order, with no change to circumstances. In denying Plaintiffs' Motion for Preliminary Injunction and TRO, the Court found that Plaintiffs had not sustained their burden to justify the extraordinary remedy of an injunction. Further, the Court found that the circumstances that led the Court to deny the Plaintiffs' emergency motion for a temporary restraining order have not changed.

Animal Welfare Institute v. Martin



After Defendant, the Maine Department of Inland Fisheries & Wildlife (“DIFW”) adopted an emergency rule imposing limitations on the use of Conibear traps in response to a preliminary injunction issued by the Court after the death of a Canada lynx, a threatened species, Plaintiffs moved for an emergency temporary restraining order to enjoin the DIFW from allowing the use of Conibear traps for the remainder of the State’s trapping season after the death of an additional Canada lynx, caused by an illegally set Conibear trap.

 

The United States District Court, D. Maine denied Plaintiffs’ motion, finding that Plaintiffs failed to show a causal connection between the State’s licensure and regulation of the trapping and any Endangered Species Act violations resulting from the lynx’s death.

Applbaum v. Golden Acres Farm and Ranch


Minor child fell off of a horse while horseback riding at a resort ranch and sustained severe injuries.  Parents of the minor child brought a personal injury claim against the stable and the stable moved for summary judgment.  The trial court precluded summary judgment due to the existence of genuine issues of material fact relating the parent's assumption of the risk.

Arizona Cattle Growers' Association v. Salazar



Arizona Cattle Growers’ Association (Plaintiff) challenged Fish and Wildlife Service's (Defendant) designation of critical habitat for Mexican spotted owls under the Endangered Species Act. The issues were whether Defendant impermissibly included unoccupied areas as critical habitat, and whether Defendant impermissibly employed the baseline approach in its economic analysis. The Court held that 1) Defendant did not designate unoccupied areas as critical habitat because “occupied” areas included areas where the species was likely to be present, and 2) that Defendant properly applied the baseline approach because the economic impact of listing a species as endangered was not intended to be included in the economic analysis of the critical habitat designation.

Ascencio v. ADRU Corporation


A woman, who suffers from a disability that is accompanied by deep depression and anxiety, went to a fast food restaurant with her mother and her two service dogs. Upon entering the establishment, the employees refused to serve them, forced them to leave, and retaliated against them by calling the police and threatening them with arrest. The woman and her mother sued the fast food restaurant for violation of the Americans with Disabilities Act (ADA) and related California statutes. When the fast food restaurant failed to file an answer, the court entered a default judgment against the fast food restaurant; awarded the plaintiffs with damages, court costs and attorney fees; and placed a permanent injunction against the fast food restaurant.

Associated Dog Clubs of New YorkState, Inc. v. Vilsack With the increase of sales over the Internet, the Department of Agriculture, through the Animal and Plant Health Inspection Service (“APHIS”), issued a new rule that redefined “retail pet store” to include online pet stores. Several breeders argued that the agency exceeded its statutory authority in issuing the new rule. The Secretary for the Department of Agriculture moved for summary judgment. Since APHIS acted within its authority in promulgating the rule and otherwise complied with the requirements of the Administrative Procedures Act, the Court granted summary judgment for the agency.

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