Summary:
A nonprofit organization petitioned for review of the order of administrative law judge (ALJ) which denied organization's motion to intervene in administrative proceedings under Animal Welfare Act. The Court of Appeals held that the organization's failure to appeal administrative denial to judicial officer precluded judicial review of ALJ's actions.
Summary:
During the two year period alleged in the indictment, between September 1993 and September 1995, government agents found or were directed to four illegal bear snares in Colville National Forest, Washington that were later linked to defendant. The Lacey Act provision that makes it felony to knowingly engage in conduct that involves intent to sell wildlife with market value in excess of $350 encompasses several types of conduct in furtherance of commercial activity (transporting, selling, receiving, acquiring, and purchasing wildlife) and government could aggregate value of parts related to such conduct to arrive at requisite $350 value, because defendant's various acts formed a single continuing scheme.
Summary:
Defendant was convicted of violating statute prohibiting the commercial creation, sale, or possession of depictions of animal cruelty. The Supreme Court held that the statute was unconstitutional for being substantially overbroad: it did not require the depicted conduct to be cruel, extended to depictions of conduct that were only illegal in the State in which the creation, sale, or possession occurred, and because the exceptions clause did not substantially narrow the statute's reach. (2011 note: 18 U.S.C. § 48 was amended following this ruling in late 2010).
Summary:
North Federal District Court of Texas ruled that the Federal Meat Inspection Act (FMIA) only empowered the Food Safety and Inspection Services to prevent the United States Department of Agriculture from allowing companies to sell adulterated meat to the public. To find meat adulterated under FMIA requires that the processor's plants conditions are insanitary, thus the FSIS should focus on the manufacturing process and not the final product to determine that a plant is insanitary.
Summary:
In this case, the plaintiffs, a non-profit organization, a private firm and an individual, alleged that the defendants, the USDA and APHIS violated the mandate of the Animal Welfare Act (AWA) by promulgating regulations that exclude birds, mice and rats from the definition of “animal” under the Act. Defendants moved to dismiss, arguing that all three plaintiffs lack standing to bring suit. Defendants also moved to dismiss on the grounds that the exclusion of the three species is within the agency's Congressionally delegated discretion, not subject to judicial review. The court denied defendant's motion, holding that based on Lujan , defendants challenge to standing failed. Further, the AWA does not grant the USDA "unreviewable discretion" to determine what animals are covered under the AWA.
Summary:
Defendant, Dr. Nico Dauphine, was convicted of attempted cruelty to animals, contrary to D.C.Code §§ 22–1001, –1803 (2001). After an investigation, Dr. Dauphine was captured on surveillance video placing bromadialone, an anticoagulant rodenticide, near the neighborhood cats' food bowls. On appeal, Dauphine contended that there was insufficient evidence that she committed the crime "knowingly" with malice. This court found the inclusion of the word "knowingly" did not change the statute from a general to specific intent crime, and simply shows that the actor had no justification for his or her actions. The government met its burden to prove that appellant attempted to commit the crime of animal cruelty.
Summary:
The California Fish & Game Commission (Commission) rejected a petition by the Center for Biological Diversity (Center) to add the California tiger salamander to the Commission’s list of endangered species under the California Endangered Species Act (CESA), on grounds that the petition lacked sufficient information to indicate that the listing may be warranted. The Court of Appeal, Third District, California, held that the Trial Court did not err in directing the Commission to enter a decision accepting the Center’s petition, as inferences drawn from evidence offered in support of the petition clearly afforded sufficient information to indicate that listing action may be warranted. The Court found that information in the administrative record indicating that the salamander species “does not breed prolifically, is vulnerable to several significant threats, has lost most of its original habitat, and has been displaced by a hybrid from a significant portion of its range” was not outweighed by the Commission’s evidence and arguments regarding the introduction of artificial ponds which could provide increased breeding habitat, and the listing of the species under the Federal Endangered Species Act.
Summary:
Residents of a mobile home park attempted to get injunction preventing the conversion of their mobile home park into a community campground. Plaintiffs claimed violation of the Endangered Species Act due to the possible removal of endangered species during the renovation. The court held it did not have jurisdiction to entertain part of plaintiffs Endangered Species claim because of a procedural violation and that plaintiffs failed to show violation of the Endangered Species Act was likely on the remainder of their claims.
Summary:
Plaintiffs filed action against Interior and FWS to set aside FWS's finding that the desert bald eagle does not qualify as a distinct population segment (“DPS”) entitled to protection under the Endangered Species Act (“ESA”). Plaintiff's motions for summary judgment was granted. The Court found that FWS' 12–month finding was based on the 2007 delisting rule, which failed to comport with the notice, comment, and consultation requirements of the ESA. The Court set aside the 12–month finding as an abuse of discretion.
Summary:
Coast Guard vessels struck and killed Northern Right whales. Plaintiffs claim that these incidents constitute takings in violation of the ESA and MMPA. Court holds that the Coast Guard could implement reasonable and prudent alternatives that would reduce the striking of whales.
