Animal Welfare Act
Title |
Summary |
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| Lesser v. Epsy |
Owner had a rabbitry, and the rabbits were sold for scientific research. Inspection of the rabbitry without a warrant occurred, and Owner claimed that his constitutional rights were violated. Search without a warrant was appropriate because any deficiencies could have been easily concealed if notice of a search was provided to the Owner. |
| Longhi v. APHIS |
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| Luethans v. Washington University | Plaintiff, a licensed veterinarian, appeals from the circuit court's order dismissing his case in a wrongful discharge case. Plaintiff contends that as an at-will employee he stated a cause of action for wrongful discharge under Missouri's public policy exception to the employment at-will doctrine. Specifically, he pleaded that he was retaliated against and discharged because he performed a regulatory protected activity, i.e., reporting violations of the Animal Welfare Act, 7 U.S.C. § 2143. The court agreed and reversed and remanded. |
| Marine Mammal Conservancy, Inc. v. Department of Agr. |
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| Medical Research Animals | |
| Missouri Primate Foundation v. People for Ethical Treatment of Animals, Inc. | This matter is a motion of counterclaim by defendants Missouri Primate Foundation to dismiss PETA's (the counterclaim plaintiff) assertion that two chimpanzees were being held in conditions that deprived the chimpanzees of adequate social groups, space, and psychological stimulation, putting them at risk of and causing physical and psychological injury, such as deteriorated cardiovascular and musculoskeletal health, stress, anxiety and depression. PETA also alleges that the chimpanzees were denied a sanitary environment, proper ventilation, a healthy diet, and adequate veterinary care. PETA claimed that the Missouri Primate Foundation (MPF) (the counterclaim defendants) were holding the two chimpanzees in conditions that “harm” and “harass” the chimpanzees, thus violating the “take” prohibition of the Endangered Species Act (ESA). MPF's motion contends that PETA’s counterclaim is based on allegations that they failed to comply with the Animal Welfare Act, not the ESA. MPF further contends that because the chimpanzees at its facility were lawfully in captivity and under the auspices of the AWA as administered by the USDA–APHIS, so the chimpanzees cannot be subject to a “take” under the ESA. They further argued that PETA lacked standing as the AWA preempts or supersedes the ESA as to animals held at USDA licensed facilities. Because the AWA does not allow citizen suits, MPF argued, the case must be dismissed. After examining similar cases, this court concluded that claims under the AWA and ESA are complementary and do not conflict, and that the ESA protects captive animals regardless of whether the alleged violator is an AWA licensed entity. The court found that the allegations by PETA are sufficient at this stage of the case and issues of proof are reserved for trial. As such, the court denied the motions of the counterclaim defendants. |
| Model National Animal Welfare Act |
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| Model National Animal Welfare Act - Spanish |
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| Model National Animal Welfare Legislation: Commentary |
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| Moore v. Garner |
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