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U.S. Sportsmen's Alliance Foundation v. New Jersey Department of Environmental Protection |
The New Jersey Department of Environmental Protection, Division of Fish and Wildlife executed an administrative order preventing the issuance of bear hunting permits. Hunters and hunting organizations sought judicial review of the administrative decision. The Supreme Court of New Jersey ultimately held it was within the authority of the Environmental Protection Commissioner to approve policies of the Fish & Wildlife Council and, therefore, execute the administrative order against bear hunting permits.
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TRACKING THE ADC: RANCHERS' BOON, TAXPAYERS' BURDEN, WILDLIFE'S BANE |
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TRACKING THE ADC: RANCHERS' BOON, TAXPAYERS' BURDEN, WILDLIFE'S BANE |
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The Mute Swan Case, the Fund for Animals, et al. v. Norton, et al: National, Regional, and Local Environmental Policy Rendered I |
This article suggests that an obstruction of sound environmental policy occurred in 2003 when The Fund for Animals used the National Environmental Policy Act to prevent the U.S. Fish and Wildlife Service and the Maryland Department of Natural Resources from implementing a plan to cull the population of mute swans in the Chesapeake Bay. The author suggests that there is no question that feral mute swans (cyngus olor) are harmful to the native habitats of the Chesapeake Bay. The research and scientific record into the effects of non-native mute swans on native environs is both extensive and comprehensive.
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The Cormorant Conflict |
This paper analyzes the conflicting management goals for the double-crested cormorant in Canada and the United States. In doing so, the paper answers the question whether one can predict how the migratory, double-crested cormorant population will be managed through international law, when the United States perceives the rise of the cormorant population an economic and biological threat, but where Canada views the cormorant’s comeback a biodiversity success story.
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State v. Saurman |
The court reaffirmed the tenet that it is a proper exercise of state police power to adopt measures to protect wild animals as a resource for all citizens. In doing so, the court held that it was a proper exercise of police power for the legislature of Ohio to enact a wild animal "shining" prohibition. Appellants challenged the law as unconstitutional because it ostensibly outlawed otherwise innocent conduct, as an individual can shine for wild animals without the purpose of hunting those animals. The court disagreed, finding that the statute's purpose was to counteract the problems related to enforcement, since it was difficult to ascertain which individuals shining from vehicles also carried hunting implements.
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State ex rel. Missouri Dept. of Conservation v. Judges of Circuit Court of Reynolds County |
Sixteen residents who violated portions of the wildlife code challenged the hearings that they received before a panel from the Department of Conservation, which were not conducted in an evidentiary fashion or recorded. The Court found that, pursuant to the rulemaking authority granted under the State constitution to the Department of Conservation, the regulations provide for noncontested hearings unless the permitee is entitled by law to a contested hearing (a "contested case" is a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after hearing). The Court found that no such law applies to this case, citing a case that determined hunting is not a fundamental right.
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Sentencia C-148/22 |
Attorney Gabriel Andrés Suárez Gómez filed an unconstitutionality complaint with the Constitutional Court, arguing that recreational fishing violated the precautionary principle, the right to a healthy environment, and the prohibition of animal cruelty. Following the precedent created with C-045, 2019, prohibiting sport or trophy hunting, the Colombian Constitutional Court held on May 2, 2022, that the provisions concerning recreational fishing contained in various national laws were unconstitutional, effectively banning this practice in the entire territory. The court found that fishing for the sole purpose of recreation without any other relevant purposes like commercial or sustenance constitutes a form of animal abuse. Specifically, the court emphasized that the mandate of animal protection stems from the principle of the ecological constitution, the social function of property, and human dignity. Moreover, it was pointed out that, in this context, both the Legislature and the Court have previously recognized all animals as sentient beings. The court held that while it is not possible to define with absolute certainty the harmful consequences of recreational fishing in terms of conservation and animal welfare principles or the degradation of hydrobiological resources, there is relevant scientific information that must be considered to avoid harmful effects on fish and the habitat. Regarding animal sentience, after an exhaustive analysis, the court emphasized that there are compelling reasons to consider that fish can feel pain, and the mandate of animal protection requires treating sentient beings with dignity. Similarly, according to the FAO, there is currently no method capable of fully eliminating the mistreatment of fish, and there are environmental impacts that must be seriously considered alongside the economic benefits proposed in favor of recreational fishing. This situation led the Constitutional Court to activate the precautionary principle. The court held that there is a duty to protect animals, which implied a prohibition of animal cruelty. This duty protects both the ecosystemic balance and individual sentient animals with intrinsic value. This protection is differentiated and weighted based on the type of species involved, whether domestic or wild. Moreover, the duty of animal protection carries an indisputable binding effect, requiring assessments of reasonableness and proportionality in its application by both legislators and judges. After an extensive analysis of the positive and negative effects that the prohibition of this activity would carry out, the court concluded that recreational fishing constitutes a form of animal cruelty that violates the right to a healthy environment, specifically the prohibition against animal cruelty in accordance with laws and constitutional jurisprudence that lacked constitutional support as it is not grounded in constitutionally permissible limits for animal mistreatment, such as (a) religious freedom; (b) dietary habits; (c) medical research and experimentation; and (d) deeply rooted cultural practices. Considering the interests of those affiliated with the activity, who would be significantly impacted by the invalidation of the laws subject to this opinion, and who have been conducting activities under laws previously deemed constitutional, the court decided to defer the effects of the decision for one year. This was with the purpose of allowing those adversely affected by it to adapt to the new circumstances.
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SCREENING WATER DIVERSIONS FOR FISH PROTECTION: A SURVEY OF POLICY, PRACTICES AND COMPLIANCE IN THE PACIFIC NORTHWEST |
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People v. Zimberg |
Defendants were charged with having in their possession in the city of Detroit with intent to sell pikeperch (yellow pickerel) that were undersized, contrary to a Michigan statute. In response to defendants' challenge to the constitutionality of the statute, the court noted that it is universally held in this country that wild game and fish belong to the state and are subject to its power to regulate and control; that an individual may acquire only such limited or qualified property interest therein as the state chooses to permit. Defendants also contended the statute violated equal protection. The court disagreed, finding the argument is without foundation in fact, as the statute makes no discrimination.
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