United States
Displaying 3191 - 3200 of 4799
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| People for Ethical Treatment of Animals, Inc. v. Wildlife in Need & Wildlife in Deed, Inc. | In this case, the Plaintiff (PETA) filed a complaint for injunctive relief against the Defendants (WIN) alleging violations of the Endangered Species Act (ESA) relating to the declawing of the Defendants' captive Big Cats (lions, tigers, and hybrids). WIN operates as a AWA-USDA licensed wildlife exhibitor and charges the public a fee to directly interact with the Big Cat Cubs. Notably, the court indicates that WIN has been cited for more than 50 times for failing to meet minimum standards under the AWA. Defendants "routinely" declaw the Big Cats, not out of medical necessity, but because it "makes them easier to handle." Testimony showed that two Big Cat Cubs died as the result of complications from declawing and Defendants do not provide post-surgical pain medication or antibiotics. In October of 2017, the court issued a temporary restraining order preventing Defendants from declawing, and, the following December, Plaintiffs filed the present Motion for Preliminary Injunction. The court held a hearing in January 2018 in which the court heard evidence and arguments. In reviewing the factors supporting issuance of a preliminary injunction, the court found there was a likelihood of success in proving the declawing and baby cat "play" time constituted takings under the ESA. In addition, there were no adequate remedies available at law and the court held irreparable harm would result from the declaws. Thus, the court GRANTED Plaintiff’s motion for preliminary injunction. |
| People for Ethical Treatment of Property Owners v. U.S. Fish and Wildlife |
Plaintiff People for the Ethical Treatment of Property Owners (“PETPO”) filed the instant lawsuit against United States Fish and Wildlife Service, Daniel M. Ashe, in his official capacity as Director of the United States Fish and Wildlife Service, Noreen Walsh, in her official capacity as Regional Director of the United States Fish and Wildlife Service's Mountain Prairie Region, the United States Department of the Interior, and Sally Jewell, in her official capacity as Secretary of the Interior (collectively “Defendants”), challenging the constitutional authority of the federal government to regulate take of the Utah prairie dog on non-federal land under the Endangered Species Act (“ESA”). Friends of Animals (“FoA”) intervened as a Defendant. The case before the District Court rests on the parties' opposing motions for summary judgment. The District Court found that although the Commerce Clause authorized Congress to do many things, it did not authorize Congress to regulate takes of a purely intrastate species that had no substantial effect on interstate commerce. Congress similarly lacked authority through the Necessary and Proper Clause because the regulation of takes of Utah prairie dogs was not essential or necessary to the ESA's economic scheme. Therefore PETPO's Motion for Summary Judgment was GRANTED, with prejudice; Defendants' Cross–Motion for Summary Judgment was DENIED, with prejudice. Held 50 C.F.R. § 17.40(g) Unconstitutional |
| People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture | Ten years after the United States Department of Agriculture (USDA) took steps to apply Animal Welfare Act (AWA) protections to birds, the task remained incomplete. The People for the Ethical Treatment of Animals (PETA) sued the USDA, arguing that its inaction amounted to agency action “unlawfully withheld,” in violation of section 706(1) of the Administrative Procedure Act (APA). The District Court granted the USDA's motion to dismiss, concluding that the USDA's enforcement decisions were committed by law to its discretion. On appeal, the court found PETA had standing, but had failed to plausibly allege that the USDA's decade-long inaction constituted agency action “unlawfully withheld” in violation of the APA. The United States Court of Appeals, District of Columbia Circuit, therefore affirmed the District Court's judgment of dismissal. For the District Court's opinion, see People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture, 60 F.Supp.3d 14 (D.D.C. 2014). |
| People for the Ethical Treatment of Animals v. United States Dep't of Agric. & Animal & Plant Health Inspection Serv. |
The plaintiffs, People for the Ethical Treatment of Animals, sought documents from the Animal and Plant Health Inspection Service (“APHIS”), the entity within the United States Department of Agriculture (“USDA”) that administers the Animal Welfare Act (“AWA”). The USDA took a large amount of documents off of its website relating to AWA compliance. The USDA claimed that the removal was for the purpose of removing certain personal information and although they did not say that the removal was temporary, the agency described the removal as provisional which suggests that it is temporary in nature. The plaintiffs filed suit asking for declaratory and injunctive relief and invoking a provision known as FOIA’s reading room provision (5 U.S.C. section 552(a)(2)). The provision requires that agencies make available for public inspection in an electronic format five categories of documents. The plaintiffs allege that the agency removed (1) research facility annual reports; (2) inspection reports; (3) lists of entities licensed under the AWA; and (4) regulatory correspondence and enforcement records that had not yet received final adjudication. Category 4 and the portion of category 2 consisting of animal inventories were dismissed and not discussed in this case. Categories 1-3 appeared to be reposted by the agency which is why the district court dismissed them as moot. The appeal centers on the reposted records and the dismissal of the plaintiff’s claims by the district court. Ultimately the Court held that for the reposted records featuring new redactions, the complaint was most plausibly read as requesting that USDA repost all information that those records contained before their takedown. The Court stated that the district court should proceed to the merits on remand. As to “voluntary cessation,” the Court affirmed the mootness dismissal as to the research reports but remanded for further explanation as to the inspection reports and the entity lists. If the agency unambiguously commits to continued posting of those documents, plaintiffs' claims should be dismissed as moot, without discovery, even if USDA continues to regard its postings as voluntary. |
| People for the Ethical Treatment of Animals, Inc. v. Kansas State Fair Board |
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| People for the Ethical Treatment of Animals, Inc. v. N. Carolina Farm Bureau Fed'n, Inc. | Several animal welfare organizations including PETA sought to conduct undercover animal cruelty investigations in North Carolina, but were unable to do so because North Carolina's Property Protection Act prohibited employees from entering nonpublic areas of employer's premises to record or remove information and using that information to breach their duty of loyalty. PETA and other plaintiffs argue that the act violates their protected First Amendment rights and functions as a discriminatory speech restriction. North Carolina argues that the restrictions on speech are incidental, and the act protects against trespass and disloyalty. The United States District Court for the Middle District of North Carolina dismissed the complaint and the organizations appealed. The Court of Appeals then reversed and remanded. On remand here, the District Court held that the information gathered by the animal welfare organizations was protected speech and, thus, subject to strict scrutiny. . |
| People for the Ethical Treatment of Animals, Inc. v. United States Department of Agriculture |
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| People for the Ethical Treatment of Animals, Inc. v. United States Department of Agriculture | In this case, People for the Ethical Treatment of Animals, In.c (PETA) filed a complaint against the United States Department of Agriculture (USDA) for violating the Administrative Procedure Act (APA). PETA argued that the USDA had violated the APA because the USDA has a “policy, pattern, and practice or rubber stamping” exhibitor license renewals to noncompliant animal exhibitors. Under the APA, any agency action that is found to be “arbitrary, capricious, or an abuse of discretion” must be held unlawful by the courts. The court in this case reviewed the facts of the case in accordance with the Chevron decision. According to the court in Chevron, a court must give deference to an agency if: (1) "the statutory language is silent or ambiguous with respect to the question posed," or (2) "the agency’s answer is based on a permissible construction of the statute.” The statutory language that the court considered in this case was the Animal Welfare Act (AWA) that regulate the transportation, handling, and treatment of animals. Ultimately, the court determined that the AWA was silent with regard to exhibitor renewals and therefore moved to the second step of the Chevron decision. The court found that the AWA does not prohibit the USDA’s administrative renewal process for animal exhibitor licenses. The court held that the USDA did not act arbitrarily or abuse its description when it chose to renew certain exhibitor licenses. As a result, the court rejected PETA’s claim against the USDA. |
| PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., Plaintiff, v. WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. | Wildlife in Need and Wildlife in Deed, Inc. ("WIN") is a zoo located in Charlestown, Indiana owned by Timothy Stark and Melissa Lane that houses exotic and endangered animals, including Big Cats like lions, tigers, and hybrids. WIN exhibits Big Cats to the public through hands-on encounters called “Tiger Baby Playtime” so Stark routinely declaws Big Cat cubs in his possession so he can handle them easier, not for any medical reason. Stark admitted to declawing "about a dozen cubs" in 2016 alone. People for the Ethical Treatment of Animals, Inc. ("PETA") filed this lawsuit against Stark and Lane and their WIN zoo alleging that the defendants harassed and wounded Big Cats in violation of the federal Endangered Species Act (ESA). Specifically, this case asks whether certain animal exhibitors have "taken" various species of Big Cats by declawing them and prematurely separating them from their mothers to use in hands-on, public interactions. By granting PETA's motion for Partial Summary Judgment, this court concludes that such conduct constitutes a "taking" and thus violates the ESA. The court noted that PETA's motion for preliminary injunction was granted in 2017, restraining defendant from declawing any Big Cats absent a medical necessity supported by a veterinarian's opinion. Then, on February 12, 2018, the court preliminarily enjoined the WIN Defendants from declawing their Big Cats, prematurely separating Big Cat Cubs from their mothers, and using Cubs in Tiger Baby Playtime. The court previously concluded that declawing constitutes a “taking” under the ESA at the preliminary injunction stage, and now found "there is no good reason to disturb that conclusion." Thus, the court again concludes the WIN Defendants' declawing constitutes a “taking” under the ESA: it “harasses” Big Cats by creating a likelihood of significantly disrupting normal behavioral patterns; it “harms” Big Cats by actually injuring them; and it “wounds” Big Cats by inflicting a physical injury. In addition to granting the permanent injunction, the court also directed PETA to file a motion to appoint a special master and identify a reputable wildlife sanctuary for the animals housed at WIN. |
| People v Arcidicono |
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