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New to the Web Center:
- Polar Bears Declared "Threatened." Sec. Kempthorne issued a press release (pdf - 109.27 KB) May 14th listing the polar bear as a threatened species under the ESA. This announcement follows the agency's protracted consideration process that was at issue in litigation. (Click here to read the case). To read more about threats facing polar bears, click here.
- Indiana leads the way by officially making "domestic violence animal cruelty" a Class D felony. It joins other states that have recognized the disturbing connection between animal abuse and domestic violence. Read the Indiana law here.
- The HSUS challenges the USDA's "regulatory loophole" that may allow downed cattle into the food system. This action was sparked by the national Hallmark/Westland recall, where the USDA recalled 143 million pounds of meat, some of which was used in school lunch programs. To read the HSUS's complaint, click here (pdf file 496.38 KB). To read the USDA regulation, click here.
- Coyotes gain ground in Indiana. The Indiana DNR is proposing a change to its coyote hunting rules aimed at reducing the trapping of live coyotes to be used as "bait" for dog training. The DNR has prepared a pdf version of its proposed rule changes. (11.26 KB). According HSUS, lax regulations in Indiana have made the state a major live coyote export source for neighboring states. Click here to read the HSUS press release.
See the Map Page for the following maps:
Topics Added in 2007:
International Materials:
Interesting Links:
Virginia creates Web-based dangerous dog registry. In July, the Virginia Department of Agriculture & Consumer Services (VDACS) launched an interactive dangerous dog registry that enables people to check if dangerous dogs reside in their area. Legislation enacted in 2006 mandated the creation of this online registry in addition to other restrictions on owners. Click here to see it in action.
Recently Added Articles:
The Price of Fame: CITES Regulation and Efforts Towards International Protection of the Great White Shark, Julie B. Martin, 39 Geo. Wash. Int'l L. Rev. 199 (2007).
Dysfunctional Downlisting Defeated: Defenders Of Wildlife V. Secretary, U.S. Department Of The Interior, Edward A. Fitzgerald, 34 B.C. Envtl. Aff. L. Rev. 37 (2007).
Veterinary Medicine: External Pressures on an Insular Profession and How Those Pressures Threaten to Change Current Malpractice Jurisprudence, by Gerald L. Eichinger, 67 Mont. L. Rev. 231 (Summer, 2006).
No Shelter from the Storm: How the execution of pets by law enforcement at Beauregard Middle School in St. Bernard Parish in the aftermath of Katrina violated the constitutional rights of pet owners, by Kelly A. Jenkins (2007).
In the Valley of the Dry Bones: Reuniting the Word "Standing" with its Meaning in Animal Cases, Elizabeth L. DeCoux, 29 Wm. & Mary Envtl. L. Pol'y Rev. 681 (Spring, 2005).
Death to Poochy: A Comparison of Historical and Modern Frustrations Faced by Owners of Injured or Killed Pet Dogs, by Jason R. Scott, 75 UMKC L. Rev. 569 (Winter, 2006).
The Salience of Species Difference for Feminist Theory, by Maneesha Deckha, 17 Hastings Women's L.J. 1 (Winter, 2006).
The Future of the African Rhinoceros: It's Anything But Black and White, by Robert Saxton, Animal Legal & Historical Center (2007).
Recently Added Cases - Rachel Kristol, Case Editor:
Humane Soc. of U.S. v. Dirk Kempthorne, --- F.3d ----, 2008 WL 2245321 (C.A.D.C.). The Humane Society of the United States sought an injunction to prevent the lethal depredation of gray wolves. The district court granted the injunction but, while the case was on appeal, the United States Department of the Interior removed the gray wolf from the Endangered Species List. After the gray wolf was removed, all parties agreed that the delisting of the gray wolf rendered the appeal moot.
Lacy v. U.S., 2008 WL 2178099 (C.A. 6). The owner of a horse tried to enter his horse into the 64th Annual Tennessee Walking Horse National Celebration. Experts determined the horse was "sore," meaning the horse had an injury to or sensitization of its legs that induced a high stepping gait for which Tennessee Walkers are known. While the horse's owner contended that the soreness occurred as a result of the West Nile Virus, he was eventually convicted with a violation of the Horse Protection Act, (15 U.S.C. §§ 1821-1831). This Court affirmed Lacy's conviction, finding that that substantial evidence supported the JO's conclusion that Lacy failed to rebut the statutory presumption of soreness.
Ocean Mammal Inst. v. Gates, Slip Copy, 2008 WL 2185180 (D.Hawai'i). Plaintiffs sued the Navy over the use of sonar; the Plaintiffs feared that the sonar would kill whales and other marine life. This case dealt with the required production of documents the Defendant claimed were privileged and or work product material. The Court found that the Defendant must hand over the material to the Plaintiffs because the documents were not in fact privileged.
U.S. v. Friday, --- F.3d ----, 2008 WL 1971504 (C.A.10 (Wyo.)). The Defendant, a member of the Northern Arapaho Tribe of Wyoming, was charged with violating the Eagle Act after he illegally shot a bald eagle for an important religious ritual. The Defendant claimed that prosecution was prevented by the Religious Freedom Restoration Act (RFRA). Friday claimed that the government failed to protect eagles killed when they strike power lines. The Court of Appeals held that the permitting process did not facially violate the RFRA and any difference in government's treatment of Native Americans taking eagles for religious purposes and power companies did not indicate that government failed to protect eagles in least restrictive manner.
In re Knippling, 183 P.3d 365 (Wash.App. Div. 3,2008). The Defendant was convicted in the Superior Court in Spokane County, Washington of second degree assault and first degree animal cruelty. The Defendant requested that he receive credit against his term of community custody for the extra 24 months' confinement time he served before he was re-sentenced. The Court of Appeals held that the Defendant was entitled to 24 months credit against his term of community custody.
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