2000) (regulation limiting the taking of wildlife on private land as valid under Commerce Clause) Text 2006) (action for preliminary injunction and TRO in case challenging black bear hunt in National Wildlife Refuge in Virginia) Text 3, 2009) (challenging seizure of dog in home without warrant) Text 2009) (running cockfighting operation) Text (AWA does not exceed Congressional authority granted by the commerce clause) Text (USDA interpretation of AWA entitled to Chevron deference) Text (Suit brought under ESA and AWA against Zoo alleging poor treatment of bears). 9, 1996) (Animal Welfare Act provisions for performing elephants) 1999) (National Forest Management Act NEPA) Text 2000) (Endangered Species Act as applied to Fish and Wildlife Service and FEMA) 2000) (seizure of an animal used for religious purposes comes under the First Amendment’s Establishment Clause) Text 2001) (police shooting of a dog constitutes a 4th Amendment seizure) Textīlack Hawk v. 2007) (police power of state humane society) Textīrown v. Soc’y for Prevention of Cruelty to Animals, 488 F.Supp.2d 450 (M.D. 2008) (videos depicting cruelty to animals as free speech) TextĪllen v. 2008) (injunction to prevent seizure of dogs and closing kennel) Text 3, 2009) (violation of civil rights in seizure of dog) Text 2009) (violations of the Animal Enterprise Protection Act) Text May 03, 2010) (violation of civil rights in seizure of dogs and closure of kennel) 2010) (animal cruelty and defamation) Textīarber v. 10, 1998) (care of laboratory animals under the Animal Welfare Act) 2000) (New York’s kosher laws as violating the Establishment Clause) Text 2000) (mens rea requirement for violation of the Lacey Act) TextĬommack Self-Service Kosher Meats, Inc. Bronx Reptiles, Inc., 217 F.3d 82 (2d Cir. 2001) (standing under Migratory Bird Treaty Act and NEPA) Text 2002) (Attempt to obtain declaratory judgment that downed livestock were adulterated under federal law) TextĪtlantic States Legal Found. 3, 2004) (Suit claiming that false accusations led to seizure of plaintiff’s cows, which were later auctioned) Textįarm Sanctuary, Inc. 2012) (§ 1983 action against not-for-profit animal protection organization) Text (AWA does not preempt local regulations on animal breeders.) Textįabrikant v. (Concerning Federal AWA and Elephant Care.) Text 11, 2020) (DOI’s memorandum on incidental take under MBTA (Jorjani Opinion) unlawful under APA because it is inconsistent with plain language and past agency action) Text (Allegation that APHIS violated FOIA for failure to comply, Consolidated Appropriations Act of 2020) Text Animal and Plant Health Inspection Service, United States Department of Agriculture, 60 F.4 th 16 (2d Cir. 2018) (USDA sued for failing to proactively disclose records relating to the enforcement of the Humane Methods of Slaughter Act and PPIA) TextĪmerican Society for the Prevention of Cruelty to Animals v. United States Department of Agriculture, 545 F. 2022) (USDA sued for failing to “downed pigs” and for failing to follow Humane Methods of Slaughter Act mandates) Textįarm Sanctuary v. 1996) (Lacey Act) TextĪnimal Welfare Institute v. 1997) (ESA NEPA Marine Mammal Protection Act Administrative Procedure Act) Text 2000) (warrantless search and seizure of pet pet raccoon is not property for due process purposes) Text 2007) (challenge to seizure of animals and other property under Maine’s Animal Welfare Act) Textīilida v. 2008) (§ 1983 action against state and federal officials for search and removal of dogs from home) Text 2008) (claim that state of Maine violated ESA in establishing regulations for lynx hunting season) Text 26, 2010) (45 counts of animal cruelty for raising malnourished horses) TextĪnimal Welfare Inst. 2021) (Challenge to the constitutionality of § 12616 of the Agriculture Improvement Act of 2018 which bans sponsorship and exhibition of cockfighting) Text 687 (1995) (reasonableness of Secretary of Interior’s definition of “harm” in a regulation based on ESA’s definition of “tak” an endangered or threatened species) Text 2008) (videos depicting cruelty to animals as free speech) Textīabbitt v. 452 (2012) (FMIA expressly preempts California state law pertaining to slaughterhouses.) Text Which forbids the sale of… meat… made from breeding pigs that are confided in a cruel manner, does not violate the dormant Commerce Clause.) Text These listings are for educational purposes only, and are not a substitute for legal counsel. The “Text” link goes to the freely available Google Scholar text of the opinion. The cases are listed in reverse chronological order. This index provides a comprehensive though not necessarily exhaustive compilation of reported and unreported federal and state court decisions involving Animal Welfare that were decided between the dates listed above.
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