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Nichols v. Lowe's Home Center, Inc. |
A customer brought an action against Lowe's home improvement store to recover for injury sustained when a "wild bird" flew into the back of her head while she was shopping in the gardening area. The plaintiff argued that the defendant did not exercise reasonable care in making the premises safe and that the defendant did not warn customers that the birds were a dangerous condition on the premises. In granting the owner's motion for summary judgment, the court held that the store owner did not owe customer a duty under Illinois law to protect her from wild bird attack since attack was not reasonably foreseeable. Further, the store owner was not the "owner" or "keeper" of a "wild bird" within meaning of Illinois Animal Control Act.
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North American Meat Institute v. Becerra |
The North American Meat Institute (NAMI) brought suit in federal district court to challenge the constitutionality of California’s Proposition 12 brought suit in federal district court to challenge the constitutionality of California’s Proposition 12 (which forbids the sale of pork meat and eggs in California from producers that do not comply with its animal housing standards). NAMI alleged that Proposition 12 violated the dormant commerce clause by improperly regulating economic activity outside of California’s boundaries and substantially burdening interstate commerce. Plaintiffs acknowledged that Proposition 12 was not facially discriminatory, and that Proposition 12 did not have a discriminatory purpose, because there was a lack of evidence that the state had protectionist intent when enacting Proposition 12. The district court dismissed the case, and the court of appeals affirmed the judgment of the lower court. |
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Northern Arapahoe Tribe v. Hodel |
After the Secretary of the Interior promulgated regulations establishing a game code regulating hunting on the reservation, the Arapahoe Tribe of Wyoming sued the Secretary and other federal officials, seeking declaratory and injunctive relief to prevent enforcement of the regulations. At issue, was a concern over the declining big game populations on the reservation and surrounding areas due to an unusually harsh winter and over-hunting. The Court of Appeals held that the government had the right to enact the game code because the rights of two tribes overlapped with regard to a limited resource, and the "[g]overnment's right extends to preventing overuse by the Arapahoe of their shared right when that overuse endangers the resource and threatens to divest the Shoshone of their right." Where there exists a risk of extinction, the government may enact interim game code measures to prevent the threat when the tribes fail to enact their own game codes.
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Northwest Ecosystem Alliance v. U.S. Fish and Wildlife Service |
The Endangered Species Act protects not just species, but also "distinct population segments" of species. The Fish and Wildlife Service refused to list the Western Gray Squirrel as endangered in Washington State, even though its numbers are low there, because it determined that the squirrels in Washington are not significant to the species as a whole. The court upheld this decision.
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O'Neill v. Louisville/Jefferson County Metro Government |
Dog owners sued city-county government and director of city animal-control agency under § 1983 for violations of Fourteenth Amendment after a warrantless search of home and seizure of their dogs. The Court of Appeals held that the owners did not need a breeder's license because their home was not a “Class A kennel.” It also held that the initial entry into owners' home by undercover animal-control officers was not a Fourth Amendment search because it did not infringe on owners' expectation of privacy. However, the consent-once-removed doctrine did not allow uniformed animal-control officers to enter home without a warrant.
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Ocean Advocates v. United States Army Corps of Engineers |
An environmental group brought an action against the U.S. Army Corps Engineers and BP for violating both the National Environmental Policy Act and the Marine Mammal Protection Act. Defendants counter-claimed that the environmental group lacked standing and that the claim was barred by laches. The Court of Appeals affirmed the denial of defendants' motion for summary judgment, reversed summary judgment against the environmental group, and remanded the case for consideration of the environmental group's request for injunctive relief.
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Ocean Mammal Inst. v. Gates |
Plaintiffs sued the Navy over the use of sonar; the Plaintiffs feared that the sonar would kill whales and other marine life. This case dealt with the required production of documents the Defendant claimed were privileged and or work product material. The Court found that the Defendant must hand over the material to the Plaintiffs because the documents were not in fact privileged.
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Oceana, Inc. v. Gutierrez |
This federal appeal concerns regulations issued by the National Marine Fisheries Service in 2004 for leatherback sea turtles. The leatherbacks experience mortality due to long-line fishing in the pelagic ocean after they become entangled or hooked on the lines. In 2001, the Service issued an RFA - reasonable and prudent alternative - to long-line fishing operations in the pelagic ocean off the coast of New Jersey where operators could replace
the industry-wide standard J-hook with circle hooks which would reduce mortality. Oceana
claim is that the Fisheries Service acted arbitrarily when it predicted that the measures it was putting in place would result in a 13.1 percent mortality rate by 2007 for leatherbacks caught in longlines. The Court of Appeals agreed with the
district court that the Service's judgment was not arbitrary or capricious when it predicted that fishing operators could achieve a 13.1 post-release mortality rate.
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Orangutana, Sandra s/ Habeas Corpus |
This decision was decided on an appeal of the writ of habeas corpus brought on behalf of an orangutan named Sandra after it was denied in its first instance. Pablo Buompadre, President of the Association of Officials and Attorneys for the Rights of Animals (AFADA) brought a writ of habeas corpus against the Government of the Autonomous City of Buenos Aires and the City Zoological Garden of Buenos Aires on behalf of the hybrid of two different orangutan species, Sandra. AFADA sought the immediate release and relocation of Sandra to the primate sanctuary of Sorocaba, in the State of Sao Paulo in Brazil. AFADA argued that Sandra had been deprived illegitimately and arbitrarily of her freedom by the authorities of the zoo, and that her mental and physical health was at the time deeply deteriorated, with imminent risk of death. For the first time, basic legal rights were granted to an animal. In this case, Argentina’s Federal Chamber of Criminal Cassation ruled that animals are holders of basic rights. The Court stated that “from a dynamic and non-static legal interpretation, it is necessary to recognize [Sandra] an orangutan as a subject of rights, as non-human subjects (animals) are holders of rights, so it imposes her protection."
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Oregon Natural Desert Ass'n v. Kimbell |
After filing a complaint challenging certain decisions by the United States Forest Service and the National Marine Fisheries Service authorizing livestock grazing within a national forest, Plaintiffs filed a Motion for Temporary Restraining Order and/or Preliminary Injunction seeking an order prohibiting the authorization of livestock grazing on certain public lands until Plaintiffs’ claims could be heard on the merits.
The United States District Court, D. Oregon granted Plaintiffs’ motion, finding that Plaintiffs are likely to succeed on the merits of at least one of its claims, and that Plaintiffs made a sufficient showing that irreparable harm would likely occur if the relief sought is not granted.
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