United States

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Hughes v. Oklahoma


The Oklahoma statute at issue prohibited transporting or shipping outside the State for sale natural minnows seined or procured from waters within the State. Appellant, who held a Texas license to operate a commercial minnow business in Texas, was charged with violating the Oklahoma statute by transporting from Oklahoma to Texas a load of natural minnows purchased from a minnow dealer licensed to do business in Oklahoma.  In overruling Geer v. Connecticut, the Court held that the Oklahoma statute on its face discriminated against interstate commerce by forbidding the transportation of natural minnows out of the State for purposes of sale, and thus overtly blocking the flow of interstate commerce at the State's border.
Hulsizer v. Labor Day Committee, Inc.


This Pennsylvania case involves an appeal by allowance from orders of Superior Court which affirmed an order of the Court of Common Pleas of Schuylkill County and imposed counsel fees and costs upon the appellants, Clayton Hulsizer and the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA). Hulsizer, an agent of the PSPCA, filed this action in equity seeking injunctive and declaratory relief against the appellee, Labor Day Committee, Inc., for their role in conducting an annual pigeon shoot. Hulsizer sought to have appellee enjoined from holding the shoot, alleging that it violates the cruelty to animals statute. At issue is whether Hulsizer has standing to bring an enforcement action in Schuylkill County. This court found no inconsistency in reading Section 501 and the HSPOEA (Humane Society Police Officer Enforcement Act) together as statutes that are in pari materia. Since the HSPOEA does not limit the jurisdiction of humane society police officers by requiring them to apply separately to the courts of common pleas in every county in Pennsylvania, the officer had standing to bring an enforcement action. The lower court's orders were reversed.
HUMAN DRAMA, ANIMAL TRIALS: WHAT THE MEDIEVAL ANIMAL TRIALS CAN TEACH US ABOUT JUSTICE FOR ANIMALS
Human Identity: The Question Presented by Human-Animal Hybridization
Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This the Question?
Humane Methods of Slaughter Act (HMSA)
Humane Soc'y of the United States v. Nat'l Institutes of Health Plaintiff animal welfare advocates sued the National Institute of Health (NIH) for failing to transfer all chimpanzees housed at the Alamogordo Primate Facility to a retirement sanctuary known as “Chimp Haven." According to plaintiffs, transfer is required under the federal Chimpanzee Health Improvement, Maintenance and Protection Act (“CHIMP Act”), 42 U.S.C. § 283m, as well as the Administrative Procedure Act (APA). In 2015, NIH officially announced that it would cease biomedical research on chimpanzees and establish a working group to transfer all 288 surplus chimpanzees owned by NIH to Chimp Haven. In 2019, the NIH announced that not all chimpanzees would be transferred to Chimp Haven because 44 of those individuals were too frail for transfer due to medical conditions. After cross-motions for summary judgment, this court considers whether transfer is legally required. On appeal, Plaintiffs contend that the plain language of the CHIMP Act requires the transfer of all chimps and the court owes no deference to agency interpretation. In contrast, the Government argues that the decision is consistent with the CHIMP Act because the plain language of the act only requires that surplus chimpanzees offered by NIH be "accepted" into CHIMP Haven. The court found that the plain and unambiguous language, and use of the word "shall," in the CHIMP Act requires the NIH to transfer ALL chimpanzees to the federal sanctuary system. In addition, the legislative history of the CHIMP Act reinforces that reading of the statute. While the court recognized NIH's concern toward the frailest chimpanzees, the proper avenue is within the legislative branch. Notably, the court was unsure as to the proper remedy in this particular matter (e.g., whether a remand or vacatur is more appropriate). As a result, Plaintiffs' motion for partial summary judgment was granted and the Government's cross motion was denied as was the motion to dismiss. The court directed the parties to file a joint status report report with views on the relief Plaintiff seeks and how the matter should proceed in light of the instant opinion.
Humane Soc. of Rochester and Monroe County for Prevention of Cruelty to Animals, Inc. v. Lyng


Court decided that the type of branding mandated by Secretary of Agriculture constitutes cruelty to animals because other less painful and equally effective alternatives exist and therefore freed dairy farmers to use other branding methods like freeze branding.
Humane Soc. of the U.S. v. Hodel


In this appeal, the Humane Society of the United States (HSUS) challenged a series of actions by the Fish and Wildlife Service to allow hunting on some of America's national wildlife refuges. The District Court held that HSUS failed to satisfy the Supreme Court's requirements for associational standing because the 'recreational' interest of Society members was not germane to the group's self-described mission of insuring the humane treatment of animals and other wildlife. The Court of Appeals reversed the district court's finding that the Humane Society had no standing to challenge the hunt openings, and remanded the action to allow HSUS to pursue its challenge to the introduction of hunting. This Court did affirm the district court's finding on the merits that the Wildlife Service complied with NEPA when it permitted hunting at the Chincoteague preserve. Affirmed in part and reversed in part.
Humane Soc. of U.S. v. Bryson


In order to manage sea lion predation of salmonids at the Bonneville Dam, the NMFS decided to authorize agencies from Washington, Oregon, and Idaho to lethally remove sea lions that were not protected by the ESA when efforts to deter their feeding on salmonids failed. The Humane Society of the United States, Wild Fish Conservancy, Bethanie O'Driscoll, and Andrea Kozil disagreed and sued the NMFS; the agencies of Washington, Oregon, and Idaho intervened. Finding that the NMFS’s authorizations did not conflict with the MMPA’s protection of Stella Sea Lions, that the NMFS complied with the National Environmental Protection Act, and that the NMFS did not act arbitrarily and capriciously when it issued the authorizations, the district court granted the NMFS’s and the state agencies’ cross motion for summary judgment. The case was therefore dismissed.

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