United States

Animal Legal Defense Fund v. U.S. Dept. of Agriculture

Summary: <p> The matter before the court concerns Plaintiffs' Motion for Summary Judgment and Defendants' Motion for Judgment on the Pleadings with respect to subject-matter jurisdiction. Plaintiffs (ALDF and others) petitioned the USDA and FSIS to promulgate regulations condemning force-fed foie gras as an adulterated food product under the Poultry Products Inspection Act (&ldquo;PPIA&rdquo;). FSIS refused to do so, concluding that foie gras was not adulterated or diseased; Plaintiffs then filed the instant lawsuit claiming that decision was arbitrary, capricious, and in violation of&nbsp;the APA. The Court determined that the instant action is not about promulgating rules, but about banning force-fed foie gras. Such a decision falls under the USDA's discretion by law. </p>

The matter before the court concerns Plaintiffs' Motion for Summary Judgment and Defendants' Motion for Judgment on the Pleadings with respect to subject-matter jurisdiction. Plaintiffs (ALDF and others) petitioned the USDA and FSIS to promulgate regulations condemning force-fed foie gras as an adulterated food product under the Poultry Products Inspection Act (“PPIA”). FSIS refused to do so, concluding that foie gras was not adulterated or diseased; Plaintiffs then filed the instant lawsuit claiming that decision was arbitrary, capricious, and in violation of the APA. The Court determined that the instant action is not about promulgating rules, but about banning force-fed foie gras. Such a decision falls under the USDA's discretion by law.

Sierra Club v. U.S. Fish and Wildlife Service

Summary: <p> Using the Administrative Procedures Act, the Sierra Club filed a suit against the United States Fish and Wildlife Service (USFWS) due to the USFWS's response to the Sierra Club's petition to revise critical habitat for the leatherback sea turtle; the Sierra Club also charged the USFWS with unlawfully delaying&nbsp;the designation of&nbsp;the Northeastern Ecological Corridor of Puerto Rico as critical habitat for the leatherback sea turtle. While both sides filed a motion for summary judgment, the District Court only granted the USFWS motion for summary judgment because the USFWS's 12&ndash;month determination was unreviewable under the Administrative Procedures Act. </p>

Using the Administrative Procedures Act, the Sierra Club filed a suit against the United States Fish and Wildlife Service (USFWS) due to the USFWS's response to the Sierra Club's petition to revise critical habitat for the leatherback sea turtle; the Sierra Club also charged the USFWS with unlawfully delaying the designation of the Northeastern Ecological Corridor of Puerto Rico as critical habitat for the leatherback sea turtle. While both sides filed a motion for summary judgment, the District Court only granted the USFWS motion for summary judgment because the USFWS's 12–month determination was unreviewable under the Administrative Procedures Act.

Edwards v. Shanley

Summary: <p> Automobile driver fled scene of a traffic stop and sustained serious injuries when he was attacked by a police dog, which was allowed to continue for 5 - 7 minutes. Plaintiff brought &sect; 1983 action, alleging that the use of the police dog constituted excessive force, and that the other officer failed to intervene and stop the attack, both of which violated plaintiff&rsquo;s Fourth Amendment rights. The Court of Appeals held that the use of the police dog to help track and initially subdue the driver was constitutional, but permitting the dog to continue to attack the driver constituted excessive force. </p>

Automobile driver fled scene of a traffic stop and sustained serious injuries when he was attacked by a police dog, which was allowed to continue for 5 - 7 minutes. Plaintiff brought § 1983 action, alleging that the use of the police dog constituted excessive force, and that the other officer failed to intervene and stop the attack, both of which violated plaintiff’s Fourth Amendment rights. The Court of Appeals held that the use of the police dog to help track and initially subdue the driver was constitutional, but permitting the dog to continue to attack the driver constituted excessive force.

Alliance for the Wild Rockies v. Salazar

Summary: Environmental organizations challenged constitutionality of Section 1713 of the 2011 Appropriations Act ordering Secretary of Interior to reissue a final rule removing a distinct gray wolf population in the northern Rocky Mountains from protections of Endangered Species Act (ESA). The Court of Appeals held that the statute did not violate the separation of powers doctrine, and reasoned that Congress amended, rather than repealed, ESA as to delisting of gray wolf by directing Secretary to reissue rule without regard to any other statute or regulation.

Environmental organizations challenged constitutionality of Section 1713 of the 2011 Appropriations Act ordering Secretary of Interior to reissue a final rule removing a distinct gray wolf population in the northern Rocky Mountains from protections of Endangered Species Act (ESA). The Court of Appeals held that the statute did not violate the separation of powers doctrine, and reasoned that Congress amended, rather than repealed, ESA as to delisting of gray wolf by directing Secretary to reissue rule without regard to any other statute or regulation.

Mostek v. Genesee County Animal Control

Summary: <p> Defendant officer removed a gravely-ill cat that needed veterinary care from Plaintiff's backyard. Plaintiff sued alleging Fourth Amendment claims pursuant to 42 U.S.C. &sect; 1983. Plaintiff disclaimed ownership of the cat, thus her property rights were not violated by the seizure. Officer was shielded by the doctrine of qualified immunity, because animal control officers may enter property and remove animals that appear to be in danger. </p>

Defendant officer removed a gravely-ill cat that needed veterinary care from Plaintiff's backyard. Plaintiff sued alleging Fourth Amendment claims pursuant to 42 U.S.C. § 1983. Plaintiff disclaimed ownership of the cat, thus her property rights were not violated by the seizure. Officer was shielded by the doctrine of qualified immunity, because animal control officers may enter property and remove animals that appear to be in danger.

Wilkins v. Daniels

Summary: <p> Various owners of exotic and wild animals filed a lawsuit in order to obtain a temporary restraining order and a permanent/preliminary injunction against the Ohio Department of Agriculture and its Director, David Daniels. The owners of the exotic and wild animals argued the Ohio Dangerous Wild Animals and Restricted Snakes Act, which the Ohio Department of Agriculture and its Director were trying to enforce, was unconstitutional. The district court denied the owners&rsquo; motion for obtain a temporary restraining order and a permanent/preliminary injunction reasoning that the exceptions to the Act&rsquo;s ban on owning wild and exotic animals does not violate the owners&rsquo; freedom of association rights, that the legislature had a legitimate purpose so as to not violate procedural due process with regards to micro-chipping wild and exotic animals, and that the Act did not constitute an unconstitutional takings. Significantly, the court recognized that owners of wild and exotic animals have a limited or qualified property interest in said animals. </p>

Various owners of exotic and wild animals filed a lawsuit in order to obtain a temporary restraining order and a permanent/preliminary injunction against the Ohio Department of Agriculture and its Director, David Daniels. The owners of the exotic and wild animals argued the Ohio Dangerous Wild Animals and Restricted Snakes Act, which the Ohio Department of Agriculture and its Director were trying to enforce, was unconstitutional. The district court denied the owners’ motion for obtain a temporary restraining order and a permanent/preliminary injunction reasoning that the exceptions to the Act’s ban on owning wild and exotic animals does not violate the owners’ freedom of association rights, that the legislature had a legitimate purpose so as to not violate procedural due process with regards to micro-chipping wild and exotic animals, and that the Act did not constitute an unconstitutional takings. Significantly, the court recognized that owners of wild and exotic animals have a limited or qualified property interest in said animals.

907 Whitehead Street, Inc. v. Secretary of U.S. Dept. of Agriculture

Summary: <p> The appellant in this case, the Ernest Hemingway Home and Museum in Key West, Florida ("Museum"), appeals the lower court's determination that it is an animal exhibitor for purposes of the Animal Welfare Act ("AWA"). Appellant contends that while admission is charged for the Museum, it does not exhibit the Hemingway cats to the public for compensation; thus, the cats are not distributed through interstate commerce. The court, however, found that since the AWA itself is ambiguous on the question of whether "distribution" includes the fixed-site commercial display of animals, the USDA's broader interpretation of "distribution" and "exhibitor" are entitled to legal deference. While the court sympathized with the museum's frustrations, it affirmed the district court's findings of law and held that Museum is an AWA animal exhibitor subject to USDA regulation </p>

The appellant in this case, the Ernest Hemingway Home and Museum in Key West, Florida ("Museum"), appeals the lower court's determination that it is an animal exhibitor for purposes of the Animal Welfare Act ("AWA"). Appellant contends that while admission is charged for the Museum, it does not exhibit the Hemingway cats to the public for compensation; thus, the cats are not distributed through interstate commerce. The court, however, found that since the AWA itself is ambiguous on the question of whether "distribution" includes the fixed-site commercial display of animals, the USDA's broader interpretation of "distribution" and "exhibitor" are entitled to legal deference. While the court sympathized with the museum's frustrations, it affirmed the district court's findings of law and held that Museum is an AWA animal exhibitor subject to USDA regulation

U.S. v. Wahchumwah

Summary: <p> After a government agent recorded a sale of eagle parts using a concealed audio visual device, the agent obtained a warrant and arrested the defendant for violating the Bald and Golden Eagle Protection Act. Upon appeal, the defendant challenged his jury conviction arguing two Constitutional violations,&nbsp;a Federal Rules of Evidence violation, and multiplicitous counts.&nbsp;The appeals court affirmed the jury conviction on all claims except the multiplicitous counts claim; this conviction was reversed. <strong> This opinion was Amended and Superseded on Denial of Rehearing by <a href="/cases/causfd710f3d862.htm"> <em> U.S. v. Wahchumwah </em> , 710 F.3d 862 (9th Cir., 2012). </a> </strong> </p>

After a government agent recorded a sale of eagle parts using a concealed audio visual device, the agent obtained a warrant and arrested the defendant for violating the Bald and Golden Eagle Protection Act. Upon appeal, the defendant challenged his jury conviction arguing two Constitutional violations, a Federal Rules of Evidence violation, and multiplicitous counts. The appeals court affirmed the jury conviction on all claims except the multiplicitous counts claim; this conviction was reversed. This opinion was Amended and Superseded on Denial of Rehearing by U.S. v. Wahchumwah , 710 F.3d 862 (9th Cir., 2012).

Conservation Force v. Salazar

Summary: <p> After waiting nine years for the U.S. Fish and Wildlife Service (USFWS) to take action on a permit that would allow the Conservation Force and other individuals to import Canadian wood bison as hunting trophies, the Conservation Force brought a suit against the U.S. Department of Interior and the USFWS for violating the Endangered Species Act. However, once the complaint was filed, the USFWS denied the permit; after this action, the district court dismissed the Conservation Force&rsquo;s case as moot. Plaintiffs then sought to recover attorney fees and costs, but were denied recovery by the district court. On appeal by&nbsp;Plaintiffs, the&nbsp;Court held that since the USFWS delay in processing the permit was not a non-discretionary, statutory duty, as required to recover attorney fees and costs, the appeals court affirmed the lower court&rsquo;s decision. </p>

After waiting nine years for the U.S. Fish and Wildlife Service (USFWS) to take action on a permit that would allow the Conservation Force and other individuals to import Canadian wood bison as hunting trophies, the Conservation Force brought a suit against the U.S. Department of Interior and the USFWS for violating the Endangered Species Act. However, once the complaint was filed, the USFWS denied the permit; after this action, the district court dismissed the Conservation Force’s case as moot. Plaintiffs then sought to recover attorney fees and costs, but were denied recovery by the district court. On appeal by Plaintiffs, the Court held that since the USFWS delay in processing the permit was not a non-discretionary, statutory duty, as required to recover attorney fees and costs, the appeals court affirmed the lower court’s decision.

Moser v. Pennsylvania Soc. for Prevention of Cruelty to Animals

Summary: <p> After the defendants confiscated mare without a warrant and required that the plaintiff surrender another mare and a few other animals in order to avoid prosecution, the plaintiffs sued the defendants for violating the U.S. Constitution, the U.S. Civil Rights Act and Pennsylvania statutory and common law. However, the plaintiffs lost when the district court granted the defendants motion for summary judgment on all counts. </p>

After the defendants confiscated mare without a warrant and required that the plaintiff surrender another mare and a few other animals in order to avoid prosecution, the plaintiffs sued the defendants for violating the U.S. Constitution, the U.S. Civil Rights Act and Pennsylvania statutory and common law. However, the plaintiffs lost when the district court granted the defendants motion for summary judgment on all counts.