United States
Title | Summary |
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Hood River County v. Mazzara |
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Hoog-Watson v. Guadalupe County, Tex |
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Hopson v. Kreps |
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Horen v. Commonwealth |
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Horse Laws | |
Horse Racing and Trainer Liability | |
Horse Slaughter for Human Consumption | |
Horton v. State |
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Horton v. U.S. Dept. of Agriculture | Petitioner sold dogs and puppies without an Animal Welfare Act (“AWA”) dealer license. An Administrative Law Judge (“ALJ”) found the Petitioner violated the AWA and issued a cease and desist order to prevent further violations of the Act and ordered Petitioner to pay $14,430 in civil penalties. Both Petitioner and Respondent, the Administrator of the Animal and Plant Health Inspection Service (“APHIS”), appealed the ALJ's decision to a judicial officer (“JO”), acting for the Secretary of the Department of Agriculture, who increased the civil penalties amount from $14,430 to $191,200. Petitioner appealed this decision, alleging that (1) the ALJ and JO erred by failing to determine the willfulness of his actions, and (2) the JO improperly applied the Department's criteria for assessing civil penalties. The 6th Circuit found that since the AWA did not contain a willfulness requirement, the JO's failure to make a willfulness determination was not an abuse of discretion. Further, the 6th Circuit held that the JO's factual findings regarding Petitioner's dog sales were supported by substantial evidence. Lastly, the 6th Circuit held the size of the civil penalty assessed against Petitioner was warranted by law. The court denied the petition for review and affirmed the Secretary's Decision and Order. |
HOT, CROWDED, AND LEGAL: A LOOK AT INDUSTRIAL AGRICULTURE IN THE UNITED STATES AND BRAZIL |