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 Just in: Court finds plaintiffs lack standing in Ringling Brothers Circus case (ASPCA et al. v. Feld Entertainment Inc.). Since the Court concluded that plaintiffs lack standing, it did not reach the merits of plaintiffs' allegations that FEI “takes” its elephants in violation of the ESA by using bullhooks and chaining their legs. To read the collection of pleadings from this 9-year-old litigation, click here.
What animal-related laws were passed or amended in 2009? Click here to find out!
 MI and CA pass progressive agricultural laws. Michigan became the 7th state to ban the use of veal crates (by 2012), and gestation crates and battery cages (by 2019) Michigan law (pdf 87.63 KB) . Maine also passed LB 1021 (effective 2011), which prohibits the cruel confinement of veal calves and sows during gestation. California amended § 597n of the Penal Code, prohibiting tail docking of horses, to now include cattle.
New Topic Areas in 2009/2010:
 New! Updated table showing laws that address commercial breeders, kennels, and "puppy mills."Washington amends anti-cruelty laws with restrictions on ownership of similar animals for those convicted of animal cruelty. Click here to read the bill signed into law by the governor (pdf file - 26.96 KB).
The U.S. Supreme Court considers the case of U.S. v. Stevens - the case that invalidated the federal law prohibiting depictions of animal cruelty. Click here to read many of the the pleadings/amicus briefs filed.
International Materials:
Recently Added Articles:
A Dubious Grail: Seeking Tort Law Expansion and Limited Personhood as Stepping Stones Toward Abolishing Animals' Property Status, Richard L. Cupp Jr., 60 SMU L. Rev. 3 (2007).
Strength in Numbers: Setting Quantitative Criteria for Listing Species Under the Endangered Species Act, 27 UCLA J. Envtl. L. & Pol'y 1 (2009).
Breed Specific Legislation: The Gap in Emergency Preparedness Provisions for Household Pets, Amy Cattafi, 32 Seton Hall Legis. J. 351 (2009).
Exporting Morality with Trade Restrictions: The Wrong Path to Animal Rights, Gary Miller, 34 Brook. J. Int'l L. 999 (2009).
Is “Recovered” Really Recovered?: “Recovered” Species under the Endangered Species Act, James L. Noles, Jr., 39 Cumb. L. Rev. 387 (2008-2009).
The Pervasive Nature of Animal Law: How the Law Impacts the Lives of People and Their Animal Companions, by Rebecca J. Huss, 43 Val. U. L. Rev. 1131 (Spring, 2009).
Book Review: An American Trilogy: Death, Slavery, and Dominion on the Banks of the Cape Fear River by Steven M. Wise - Reviewed by Henry Cohen.
Recently Added Cases:
In Defense of Animals v. Salazar, --- F.Supp.2d ----, 2009 WL 4981172 (D.D.C.). Plaintiffs, In Defense of Animals et al, attempted to obtain a preliminary injunction that would stop the defendants from implementing a plan to capture or gather approximately 2,700 wild horses located in western Nevada. The plaintiffs contended that the gather plan had to be set aside because the Bureau did not have the statutory authority to carry out the gather plan, and because the plan did not comply with the terms of the Wild Free-Roaming Horses and Burros Act. The Court denied the Plaintiffs request for an injunction.
Com. v. Kneller, --- A.2d ----, 2009 WL 5154265 (Pa.,2009) (Only the Westlaw citation is currently available). The Supreme Court of Pennsylvania took up this appeal involving the defendant's criminal conspiracy to commit cruelty to animals after the defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit the defendant’s child. The Supreme Court vacated the order of the Superior Court and remanded the case to the Superior Court (--- A.2d ----, 2009 WL 215322). The Court found no immediate need to kill the dog and that there was an "unquestionably malicious beating of the dog" prior to it being shot.
Loban v. City of Grapevine, Not Reported in S.W.3d, 2009 WL 5183802 (Tex.App.-Fort Worth,2009). Appellant Jason Loban appeals the trial court's judgment awarding appellee City of Grapevine $10,670.20 in damages. In 2006, Appellant's dogs were declared "dangerous" under the City's municipal ordinance. On appeal, Appellant argued that the trial court's award of damages to the City should be reversed because the City did not plead for monetary relief, the issue was not tried by consent, and there was no evidence to support the award. This Court agreed.
State v. Mumme, --- So.3d ----, 2010 WL 117680 (La.App. 4 Cir.,2010.) (unpublished). The defendant was charged with “cruelty to an animal, to wit, a bat, belonging to Julian Mumme, by beating the animal with a bat causing the animal to be maimed and injured.” The State moved to amend the information to strike the phrase “to wit: a bat." On appeal, defendant alleged that this was improper. The Court disagreed holding that the amendment corrected a defect of form, not a defect of substance; defendant was informed that the offense concerned his own dog and there were photographs presented from the crime scene depicting the dog severely beaten with a baseball bat.
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