United States

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New Mexico Department of Game and Fish v. United States Department of the Interior Defendant, The United States Fish and Wildlife Service (“FWS”) released two Mexican gray wolf pups on federal land in New Mexico without a permit. Their goal was to increase the recovery of the wolf population more rapidly. The Plaintiff, New Mexico Department of Game and Fish ("Department") brought action against FWS and the United States Department of Interior. The Department requested declaratory and injunctive relief to prohibit FWS from releasing more Mexican gray wolves within New Mexico’s borders. Other wildlife organizations and various states also intervened as Defendants. The United States District Court for the District of New Mexico, entered an order granting the Department a preliminary injunction. The Defendants appealed. The United States Court of Appeals, Tenth Circuit, reversed and remanded. The Court held that: (1) the Department failed to establish a significant risk of irreparable injury to its wildlife management efforts, and (2) the Department failed to establish a significant risk of irreparable injury to New Mexico’s sovereignty.
New Mexico Farm and Livestock Bureau , et. al. v. U.S. Dep't of Interior, et. al. The U.S. Fish and Wildlife Service ("Service") designated 764,207 acres in New Mexico and Arizona as critical habitat for the jaguar pursuant to the Endangered Species Act. The area was divided into six individual units. Units 5 and 6 were the ones at issue. Plaintiffs filed suit contending that the Service’s designation of Units 5 and 6 as critical habitat was arbitrary and capricious. The district court ruled in favor of the Service and this appeal followed. There was no concrete evidence that jaguars were present in Units 5 and 6 at any time before 1995. The Service’s reliance on sightings in 1995, 1996, and 2006 to support a conclusion of occupation in 1972 was not based on expert opinion. It was purely speculative. The Court agreed with the Plaintiffs that the Service’s designation of Units 5 and 6 as occupied critical habitat was arbitrary and capricious. The Court further found that in order for an unoccupied area to be designated as a critical habitat, the Service must first find that the designation of the occupied areas is inadequate to ensure conservation of the species. The Service addressed all units together, finding that to the extent they were occupied, they were essential for the conservation of the species. The Court ultimately found that the Service did not follow its own regulations or give a rational explanation for failing to do so and as a result, its designation of Units 5 an 6 as critical habitat was arbitrary and capricious. The decision of the district court was reversed and remanded.
New Mexico State Game Commission v. Udall


The State of New Mexico filed an suit to prevent the U.S. Secretary of the Interior from killing deer in the Carlsbad Caverns National Park that were overbrowsing vegetation and posing a threat to the park's ecology without first having obtained the necessary state permit.  The Court held that the Secretary has the authority to kill the deer to protect the park property, and it is immaterial that the United States does not have exclusive jurisdiction over the lands within Carlsbad Caverns National Park as it has constitutional authority in the form of supervisory powers to manage national parks.  To New Mexico and the other states involved in an amicus capacity in the suit, the real concern was over the federal encroachment into state management of fish and game, particularly in those states where much of the land is under federal control.
New Orleans Bulldog Soc'y v. Louisiana Soc'y for the Prevention of Cruelty to Animals The Plaintiff, the Bulldog Rescue Mission, is a nonprofit dog welfare organization organized under Louisiana law to advocate for dog welfare in New Orleans. The plaintiff sought information under Louisiana’s Public Records Law related to the dogs euthanized by the Defendant, the Louisiana Society for the Prevention of Cruelty to Animals (LSPCA). LSPCA declared that they were not a public body and thus, not subject to the Public Records Law. The Bulldog Rescue Mission filed a petition for writ of mandamus in the district court, seeking a declaratory judgment and injunctive relief. The trial court dismissed their petition and the plaintiff appealed. The Court of Appeal of Louisiana, Fourth Circuit held that LSPCA was a quasi-public entity subject to Public Records Law because the organization performed municipal functions on behalf of the municipal government. The court found LSPCA receives an annual compensation of almost two million dollars for providing services for quasi-municipal functions such as enforcing code violations and taking and receiving animals. Thus, it cannot characterize the service as "voluntary" since it "clearly operates[s] under the color of City Authority." Bulldog rescue also claims error with the trial court ruling that, even if LSPCA is subject to public records laws, these obligations are met through its Cooperative Endeavor Agreement (CEA) reporting requirement. This court found that the CEA contractual agreement made between the city of Louisiana and LSPCA allowing the organization to provide mandated city services related to animal control could not be used to circumscribe Public Records Law compliance. In other words, the limited statistical reporting required under the CEA is not a valid substitute for a public record request that would show all governmental functions and duties performed. The judgment of the trial court was reversed where this court found the trial court clearly erred in dismissing the Bulldog Rescue petition for a writ of mandamus.
New York City Friends of Ferrets v. City of New York


New York City Friends of Ferrets, an unincorporated association of individuals in New York City who own or wish to own ferrets as household pets, bring this action challenging the legality of the City of New York's prohibition against the keeping of ferrets within the City limits and the requirement that in any case where a ferret is reported to have bitten a human being, the ferret be immediately surrendered to the New York City Department of Health and humanely destroyed in order to conduct a rabies examination.  The district court granted the city's summary judgment motion, and dismissed the ferret owners' equal protection claim. The court found a rational relationship between the city's ferret ban and its legitimate interest in protecting human safety.
New York Consolidated Laws 1909: Sections 180-196 Article 16, entitled "Animals," concerns New York's Law about the treatment of animals from 1909. The act covers such topics as the keeping of animals for fighting to abandoning diseased or injured animals. In addition, the act provides definitions in section 180 for important words such as animal and torture.
New York Consolidated Laws 1938: Sections 180-196 Article 16, entitled "Animals", concerns New York's Law about the treatment of animals from 1938. The act covers such topics as poisoning of animals to abandoning diseased or injured animals. In addition, the act provides definitions in section 180.
New York Penal Law 1866: Chapter 682: Section 2 Chapter 682 from New York Penal Law of 1866 covers cruelty to animals. Section 2 from this chapter describes the offense entitled neglect of disabled animals. The law states the penalty for leaving a disabled or diseased animal to die on any state or city land.
New York Pet Welfare Ass'n, Inc. v. City of New York

(Aff'd on appeal to 2nd Circuit: New York Pet Welfare Association, Inc. v. City of New York, 850 F.3d 79 (2d Cir. 2017). Plaintiffs, a non-profit group trade association of pet stores ("NYPWA"), dog and cat breeders and dealers, veterinarians, and pet owners, brought this action against New York City, the city council, and council members, alleging that defendants have adopted laws that violate the Supremacy Clause, the Commerce Clause, the Equal Protection Clause, and the Due Process Clause of the U.S. Constitution, as well as New York law that governs veterinary medicine, the treatment of animals, and equal protection. The challenged law relate to the sale of dogs and cats in the city that require pet stores to obtain pets from Class A USDA licensees in good standing and that the pet stores spay and neuter the pets before selling them. In rejecting NYPWA's federal preemption claim, the court found that the AWA specifically contemplates local regulation in § 2143(a)(8) and previous cases have found no conflict even where the local legislation bans what is otherwise allowed under the AWA. The court also found no conflict with state law (N.Y. Gen. Bus. § 753–d) or other laws concerning veterinary licensing, pet shops, and animal cruelty. In dismissing plaintiff's Equal Protection argument, the court was not persuaded that pet stores and shelters/rescues are "similarly situated" to support the claim. Additionally, the court found a rational basis to support any differential treatment. NYPWA also alleged that the Pet Shop Laws violate the dormant Commerce Clause, arguing that the laws impermissibly regulate extraterritorially and favor local interests. The court found that even if plaintiff's factual allegations were true, the law was not economic protectionism, but an attempt to curb problems with homeless animals and euthanasia. Finally, the court found not due process violations (substantive or procedural) where there is no interference with a constitutionally protected right. NYPWA's motion to dismiss the claims is granted and the motion for preliminary injunction was denied.
New York Revised Statute 1881: Chapter 682: Section 26 Section 26 of Chapter 682 from New York Revised Statutes 1881 concerns the treatment of animals by the owner or any other person. A person found harming such an animal would be guilty of a misdemeanor.

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