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Earth Island Institute v. Brown |
Plaintiffs sought to prevent the Secretary of Commerce from allowing the American Tunaboat Association ("ATA") to continue killing northeastern offshore spotted dolphins that had been listed as depleted. Defendants argued that such killings were permissible under the ATA's permit, and that the MMPA provisions relied on by the plaintiffs were irrelevant to the dispute. The court concluded that Congress did not intend to allow the continued taking of dolphin species or stock, once the Secretary had determined that their population level was depleted.
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Earth Island Institute v. Evans |
The Secretary of Commerce made a final finding that the intentional deployment on or encirclement of dolphins using purse seine nets did not have a significant adverse effect on any depleted dolphin stock in the Eastern Tropical Pacific Ocean. Several organizations challenged that finding under the Administrative Procedures Act, and the matter came before this Court along with simultaneous motions for summary judgment from both the plaintiff and defendant. The Court concluded that Plaintiff's met their burden of demonstrating that they are entitled to judgment, and the finding of the Secretary is set aside.
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Earth Island Institute v. Hogarth |
This case concerns the practice of catching yellowfin tuna by encircling dolphins with purse-seine nets. The dispute centers over whether tuna sellers may label tuna as dolphin-safe if caught with such nets. An environmental group brought suit against the Secretary of Commerce after he concluded that there was insufficient evidence to show that tuna purse seine fishing harmed depleted dolphin stocks in the Eastern Tropical Pacific Ocean (ETP). The Court of Appeals affirmed the lower court's decision that the action by the Secretary was arbitrary and capricious where the agency's decision-making process was influenced to some degree by foreign policy considerations rather than science alone. Further, the finding of no significant impact (FONSI) was not rationally connected to the best available scientific evidence.
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Eastep v. Veterinary Medical Examining Bd. |
Petitioner-veterinarian sought judicial review of veterinary medical examining board's denial of his application for renewal of his license to practice, and the permanent revocation of his right to practice veterinary medicine in Oregon. The Court held that there was ample evidence ample evidence to support board's finding that petitioner was guilty of unprofessional conduct for misrepresentation to dog owner of surgical services allegedly rendered, whether the standard adopted be that of 'clear and convincing evidence,' as petitioner urges, or that of 'reliable, probative and substantial evidence' (ORS 183.480(7)(d)), as urged by respondent.
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Eastern Band Cherokee - Animal Control - Sec. 19.1, Animal Control Department |
This section of the Eastern Band Cherokee Code describes the purpose of the Tribe's Animal Control Department. The Eastern Band Cherokee Animal Control Code includes Sections 19.1 through 19.7. Each section addresses a different topic within the Tribe's animal control, ranging from administrative purposes to restrictions and regulations. |
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Eastern Band of Cherokee - Natural resources - Sec. 14-10.10- Cutting timber, removing rock, trapping animals |
This statute is intended to preserve natural resources and protect wild animals from any trapping conducted without the knowledge of a property owner or the Tribe. The language provides for both land owner through a tribal assignment or lease, as well as lands that are reserved and used exclusively by the Tribe. The language also restricts any person, firm, or corporation from engaging in this conduct without consent and knowledge from the land owner and/or the Tribe. |
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Eckhart v. Department of Agriculture |
A dog kennel operator acquired 30 dogs while under a revised notice to cease and desist operating a kennel and from buying dogs. The Commonwealth Court affirmed fines imposed by the Department of Agriculture, holding that the fines for violation of the dog law were not excessive or unreasonable; that fines for failure to comply with conditions of the revised notice were not unconstitutionally excessive or unreasonable; and that enforcement of orders by Bureau of Dog Law Enforcement pending appeal were not staid by the doctrine of equitable estoppel.
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Eco-Terrorism in the Southern Ocean: A Dangerous Byproduct of the Tangled Web of International Whaling Conventions and Treaties |
Utilizing a research exception granted under the international moratorium on commercial whaling imposed by the International Whaling Commission, Japanese whalers have been harvesting endangered whales in the Southern Ocean. The anti-whaling activist group, Sea Shepherd Conservation Society, also operates in the Southern Ocean by locating Japanese whaling vessels in order to bring an immediate halt to all whaling activities, often employing violent tactics designed to injure whaling vessels and property. Sea Shepherd operates under an apparent mandate of the United Nations World Charter for Nature allowing individuals to “[i]mplement the applicable international legal provisions for the conservation of nature and the protection of the environment.” The multitude of vague international conventions and treaties governing the Southern Ocean have therefore created a tangled and confusing web of authority where both Japanese whalers and Sea Shepherd have arguable claims of operating under legitimate legal mandates. In this note, Alana Preston argues that individual countries should enforce their domestic laws to prevent the Japanese from whaling, so private entities, like Sea Shepherd, will not. |
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Eddleman v. U.S. |
An action was brought against the BLM under the Federal Tort Claims Act claiming that the government was negligent in failing to inform the adopters that they would not be eligible to receive title if they intended to sell the horses to slaughter. The court dismissed the claim for lack of jurisdiction, characterizing the issue as one sounding in contract, based upon the PMCA, and one that therefore should be brought before the U.S. Claims Court.
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Edmonds v. Cailloux |
An in-home caretaker of a sick, elderly woman sued the woman, her trust, and her son after the son’s dog knocked her down causing injury. The court of appeals remanded the case because it found a genuine issue as to whether the dog had dangerous propensities and whether the son knew of the dog’s dangerous propensities to justify strict liability. The court did, however, affirm the order of summary judgment as to the negligence claim, where the son was not the caretaker’s employer and thus did not owe her a duty to exercise reasonable care.
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