United States

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Titlesort descending Summary
Farm Sanctuary v. United States Department of Agriculture This case was brought by plaintiffs, several nonprofit animal rights organizations, to challenge a Final Rule implementing a new swine inspection system at pig farms and slaughterhouses across the United States against defendants, the United States Department of Agriculture and the Food Safety Inspection Service. The new system requires that employees of the slaughterhouses perform ante-mortem and post-mortem sorting activities before the federal inspection is to take place, which plaintiffs challenge under the argument that this shifting of the sorting activities to slaughterhouse employees is in violation of the Federal Meat Inspection Act (FMIA) and Humane Methods of Slaughter Act (HMSA). Plaintiffs argue that this delegation is improper, would negatively impact the safety of pork being produced by slaughterhouses, and would lead to inhumane slaughter of pigs. Plaintiffs and defendants filed motions for summary judgment. The court granted defendant's motion for summary judgment, finding that plaintiffs failed to meet the burden of proof to show that the delegation of the sorting process was improper.
Farm Sanctuary, Inc. v. Department of Food & Agriculture


Environmental group brought suit challenging regulation allowing ritual slaughter exception to statute requiring that animals be treated humanely. The Superior Courtupheld regulation and appeal was taken. The Court of Appeal, Masterson, J., held that: (1) group had standing to sue, and (2) regulation was valid.
Farm Sanctuary, Inc. v. Veneman


Plaintiffs Farm Sanctuary, Inc. and Michael Baur filed this action seeking a declaratory judgment holding that the Secretary of Agriculture Ann Veneman and the United States Department of Agriculture must classify all downed livestock as adulterated pursuant to 21 U.S.C. § 342(a) and an injunction prohibiting the USDA from allowing non-ambulatory animals to be used for human consumption. Defendants have moved to dismiss the complaint, inter alia, on the grounds that plaintiffs lack standing to sue. For the reasons discussed, the Government's motion is granted.
Farmegg Products, Inc. v. Humboldt County


Court held that intensive egg-laying facilities did not constitute buildings used for 'agricultural purposes' and were not exempt from county zoning ordinances.
Farnham v. Meder


In this New York case, the plaintiff commenced this negligence action seeking damages for injuries sustained when defendants' bull knocked him to the ground while plaintiff was chasing the bull from his own property. Defendants moved for summary judgment dismissing the complaint on the ground that plaintiff's activities in chasing the bull constituted primary assumption of the risk. This court concluded that Supreme Court properly denied defendants' motion. The record established that plaintiff was fully familiar with defendants' bull and had in fact chased the bull from plaintiffs' property on prior occasions. At no time had the bull ever acted aggressively toward plaintiff, and thus plaintiff had no reason to assume that the bull would do so on this particular occasion.
Farrior v. Payton


This Hawaii case involves a suit against owners of dog to recover for injuries sustained when the plaintiffs, in an attempt to avoid what was believed to be an imminent attack by dog, fell off a natural rock wall.  Defendants' property abutted this rock wall and defendants considered those people who used the rock wall "trespassers."  After defendant's motion for a directed verdict were granted, the plaintiffs appealed.  On appeal, the Supreme Court observed that, in an action against an owner or harborer of a dog for injury inflicted by such animal, defendant's scienter (i. e. actual or constructive knowledge) of the vicious or dangerous propensities of the dog is (except where removed by statute) an essential element of the cause of action and a necessary prerequisite to recovery.  The evidence in the record established the fact that the Payton family not only knew of their dog's propensity to run and bark at strangers utilizing the 'short-cut' via the human-made seawall and the natural rock wall, but also expected such activity from their German shepherd dog.  Indeed, it was predictable that Mrs. Farrior would become frightened and would retreat to a precarious position.
Faulkner v. Watt


Reaffirms that purpose of the Taylor Grazing Act (TGA) is to stabilize the livestock industry and protect the rights of sheep and cattle growers from interference and that the Secretary of the Interior may reasonably classify lands under the TGA as suitable for agriculture.
FEDERAL ANIMAL PROTECTION STATUTES
Federation of Japan Salmon Fisheries Cooperative Association v. Baldridge


Petitioners, Japanese fishing federation, fisherman's association, and environmental group, filed motions for a preliminary injunction against respondent Secretary of Commerce who entered a final decision that approved the federation for an incidental take permit under the MMPA and adopted regulations that authorized the taking of Dall's porpoise within the fishery conservation zone.
FEEDLOTS-RURAL AMERICA'S SEWER

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