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In the Matter of: Akiko Kawahara, Respondent |
The principle issue in this case is whether the planned stopover of a few hours in Kennedy Airport in New York constitutes an "importation" within the meaning of the MMPA. The respondent in this case was employed by a business dealing in the international trade of animals and was attempting to bring four dolphins captured off the coast of Argentina back to Japan. The respondent only landed the dolphins in New York as a stopover on their way to Tokyo, but the court found that there was no requirement of knowledge or specific intent under the MMPA to constitute civil violations.
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In the Matter of: Darcy Lynn Shawyer |
This case is a civil penalty proceeding under the MMPA for the unlawful importation of eight bottlenose porpoises into the United States. In this case, the court found that specific intent is not required for importation under the MMPA. The court found that the route taken over the United States, the requirement to land for customs clearance purposes, or weather conditions was known or should have been foreseeable to all parties.
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In the Matter of: Richard O'Barry |
In 1999, civil penalties in the amount of $59,500 were assessed for the release of two dolphins from captivity. The dolphins were not prepared to survive in the wild and sustained life-threatening injuries as a result of their release. An administrative law judge found that the release of two dolphins without providing them with the necessary skills for survival resulted in harassment and injury to them, and therefore, constituted a violation of the MMPA.
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In the Matter of: Thomas E. Rainelli |
This case involves violations of the MMPA by taking, in the form of harassment by feeding or attempting to feed wild dolphins. The respondents, a captain of a vessel used in a dolphin-feeding encounter, and the sole shareholder of a boat renal company, were both found guilty and assessed civil penalties in the amount of $4500. Though the shareholder was not on the vessel when it committed the feeding violations, he was found guilty of violating the MMPA, by providing a platform from which feeding is conducted or supported.
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In the Matters of: Kyle C. Mueller, et al |
The question in this case was whether respondents, members of a marine mammal conservation group, violated the MMPA by interfering with the authorized capture of six dolphins. As result of this case, which was a civil penalty proceeding, only one of the respondents was found guilty of taking under the MMPA. The court found that the respondent's actions, although taken with noble intentions, endangered the lives of the dolphins, was improper, and dangerous. He was assessed a fine in the amount of $2,000.
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Ing v. American Airlines |
A man shipped his dog on an American Airlines airplane, and the dog died shortly after landing. The court found that the contract signed prior to take-off limited the liability of the airline. However, the airline could be liable because after landing, the man had asked for his dog back, to give it veterinary care, but the airline took more than four hours to give it back. Also, the airline could be liable if the plane temperature had been higher than for which the contract called.
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Initiative and Referendum Institute v. Herbert |
Motion of Western Wildlife Conservancy, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
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Initiative and Referendum Institute v. Walker |
Several plaintiffs - including six wildlife and animal advocacy groups, several state legislators and politicians, and more than a dozen individuals - bring a facial First Amendment challenge to the Utah constitution supermajority requirement for initiatives related to wildlife management. District court held the plaintiffs had standing, but dismissed the claims on their merit. On appeal, the court affirmed the lower court's decision.
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Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y |
After the International Court of Justice ruled against Japan in the Whaling in the Antarctic case, Sea Shepherd moved to dismiss the Ninth Circuit’s earlier ruling regarding Sea Shepherd’s own actions in the Antarctic. Sea Shepherd claimed that because the Institute had announced that it would not engage in whaling in the 2014-15 season, its claim was moot. This argument, though, ignored the fact the Institute also stated that it plans to resume whaling in the future, leading the Court to dismiss the motion. |
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Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. |
The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission. |
