Federal

Agreement APHIS v. FEI

Summary: This agreement was entered into by APHIS and Feld Entertainment, Inc. (FEI). FEI is an exhibitor under the Animal Welfare Act and was issued non-compliance reports after numerous inspections. In this agreement, FEI paid $270,000 to the US Treasurer and had to develop and implement annual training to all of its personnel who worked with animals. The agreement also contains provisions that APHIS would not take action against FEI if FEI followed the agreement.

Animal Welfare Institute v. BP America, INC

Summary: This complaint is an action for declaratory and injunctive relief pursuant to the Outer Continental Shelf Lands Act (“OCSLA”), 43 U.S.C. § 1349(a)(2)(A), to bring an immediate halt to defendants’ actions that are killing endangered and threatened sea turtles in the Gulf of Mexico as part of defendants’ efforts to contain the catastrophic oil spill that has occurred at defendants’ Deepwater Horizon facility in the Gulf of Mexico. In this complaint, several animal rights organizations allege, in an effort to contain the oil spill by burning the oil, defendants are also corralling and burning alive endangered and threatened sea turtles without a permit from the Department of Commerce, in violation of Section 9 of the Endangered Species Act (“ESA”), 16 U.S.C. § 1538(a). A motion for temporary restraining order is also included.

Animal Legal Defense Fund v. Herbert

Summary: This complaint launches the first legal challenge to any ag-gag law in the United States. In it, the Animal Legal Defense Fund, People for the Ethical Treatment of Animals, Amy Meyer, and others argue that Utah Code Ann. § 76-6-112 is unconstitutionally overbroad, constitutes content-based discrimination in violation of the First Amendment, is preempted by the federal False Claims Act, and violates animal protection groups’ equal protection and due process.

Andrews v. City of West Branch Iowa

Summary:

Appellants filed a suit against defendant, City of West Branch, Iowa and former police chief Dan Knight, seeking damages and relief under Section 1983. The dog was killed by Knight in the owners' fenced backyard in view of one of the plaintiffs. The district court's grant of summary judgment for the officer was reversed and the case was remanded for a jury trial.

Bhogaita v. Altamonte Heights Condominium Assn.

Summary: Appellee Ajit Bhogaita, who suffers from post-traumatic stress disorder (PTSD), filed suit against Appellant Altamonte Heights Condominium Association, Inc. ("Association") for violating the disability provisions of the Federal and Florida Fair Housing Acts, 42 U.S.C. § 3604(f)(3)(b) (“FHA”) and the Florida Fair Housing Act, when it enforced its pet weight policy and demanded Bhogaita remove his emotional support dog from his condominium. The jury awarded Bhogaita $5,000 in damages, and the district court awarded Bhogaita more than $100,000 in attorneys' fees. This court affirmed that decision finding that there was evidence that the Association constructively denied appellee's requested accommodation. In fact, the court opined, "Neither Bhogaita's silence in the face of requests for information the Association already had nor his failure to provide information irrelevant to the Association's determination can support an inference that the Association's delay reflected an attempt at meaningful review."

US - Audit- APHIS Animal Care Program Inspection and Enforcement Activities

Summary: This report presents the results the Office of Inspector General's audit of the Animal and Plant Health Inspection Service’s (APHIS) Animal Care (AC) unit, which has the responsibility of inspecting all facilities covered under the AWA and following up on complaints of abuse and noncompliance. The office also reviewed AC’s coordination with the Investigative and Enforcement Services (IES) staff, which provides support to AC in cases where serious violations have been found. In addition, the office also evaluated the effectiveness of the Institutional Animal Care and Use Committees (IACUCs)—the self-monitoring committees at the research facilities responsible for ensuring compliance with the AWA.

Summary of all Federal Animal Protection Statutes

Summary: This report contains brief summaries of federal animal protection statutes, listed alphabetically. It does not include treaties, although it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute’s purposes is to protect domestic and “game” animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes’ benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994).

US - Chimpanzees - Research

Summary: This report summarizes the findings and recommendations of the Working Group on the Use of Chimpanzees in National Institutes of Health (NIH)-Supported Research. The NIH formed this committee within the Council of Councils, a federal advisory committee, to advise the NIH on the implementation of the recommendations of the Institute of Medicine’s (IOM’s) Committee on the Use of Chimpanzees in Biomedical and Behavioral Research regarding the use of chimpanzees in NIH-sponsored research.

US - Horse Slaughter- APHIS 2010 audit

Summary: This report presents the results of the Office of Inspector General’s Animal and Plant Health Inspection Service Administration of the Horse Protection Program and the Slaughter Horse Transport Program. The September 20, 2010, written response to the official draft report is included with excerpts and the Office of Inspector General’s position incorporated into the relevant sections of the report