United States

Summary: This set of laws deals with Wild Animal Permits in Indiana. Section 3 allows the Director to adopt rules that require permits to possess wild animals protected by laws or rules. The director may also adopt a rule that requires a permit to possess a wild animal that may be harmful or dangerous to plants or animals. Permits under this chapter may be suspended by the director and animal may be seized if the animal is in a position to harm another animal or the life or health of the animal is in peril. This chapter does not apply to licensed commercial animal dealers, zoological parks, circuses, or carnivals.

Summary: This Illinois law states that a person commits unlawful use of an elephant in a traveling animal act when he or she knowingly allows for the participation of an African elephant (Loxodonta Africana) or Asian elephant (Elephas maximus) protected under the federal Endangered Species Act of 1973 in a traveling animal act. Violation is a Class A misdemeanor. This Section does not apply to an exhibition of elephants at a non-mobile, permanent institution, or other facility.

Summary: ABSTRACT Animal hoarding, a disorder that causes sufferers to acquire animals compulsively despite the inability or unwillingness to provide them with adequate care, is a widespread, costly, often underestimated problem that causes more animal suffering than all acts of intentional cruelty combined. Not only are animals harmed, but humans are as well, from dependents that live with hoarders to members of the surrounding communities to the hoarders themselves. Current laws do not address the issue effectively, and recidivism rates are close to 100%. This Article seeks to increase awareness of the animal hoarding problem and offers suggestions as to how the law might evolve to better manage and resolve these complex cases.

Summary: This summary briefly covers the factors contributing to the feral cat crisis. It also outlines the factors that may result in population increases of free-roaming cats. The summary then concludes by exploring the shift in focus, which now views them as "community cats," and how this enhanced caretaking has led to unintended predation on bird populations and competition with other native mammals.

Summary: This overview outlines the factors that have contributed to the cat population crisis and resulting feral cat concerns. It discusses the approaches used in different states to manage feral cat populations, and how a recent trend is to view them as "community cats" instead of "feral cats." The controversy surrounding this shift in caring for community cat populations, and the resulting impact on wild bird populations, is also explored.

Summary: This paper begins with some of the biological factors of cats that allow them to be tenacious predators. It then analyzes the approaches used to manage feral cat populations. Additionally, both applicable state and federal laws are discussed. The discussion focuses particularly on the conflict between federal wildlife protection laws and efforts to control feral cats that allow these animals to roam freely. The paper concludes with a sampling of legislative and practical solutions implemented in communities to address the inherent conflict.

Summary: This is an appeal of a dismissal of appellant Landry's claims under the Texas Citizens Participation Act (“the TCPA”) and the subsequent required awarding of attorney fees and sanction under Tex. Civ. Prac. & Rem. Code Ann. § 27.009. Landry's is a large corporation that owns and operates more than 500 entertainment properties across the country, including the Houston Aquarium, Inc. The aquarium houses four white tigers in an human-made enclosure known as "Maharaja's Temple." Appellees, including the Animal Legal Defense Fund and its attorneys as well as a radio station owner (Cheryl Conley), asserted a variety of claims in connection with the publication of the notice to intend to sue under the Endangered Species Act due to the care and housing of the tigers. As a result of that notice and the associated publicity, Landry's asserted claims in the trial court for defamation, business disparagement, tortious interference with prospective business relations, abuse of process, trespass, conspiracy to commit each of these torts, and conspiracy to commit theft. Conley and ALDF moved to dismiss the claims under the TCPA, arguing that the claims related to exercise of free speech, petition, and association, and that Landry's could not make out a prima facie case. Additionally, they also argued that the claims were barred by the judicial-proceedings privilege. The lower court agreed and granted Conley's motion to dismiss. It also awarded $250,000 to ALDF and $200,000 to Conley. On appeal here, Landry again points to the allegedly defamatory statements released on social media (Twitter and Facebook) and through news media regarding the tigers' care. The court noted that many of the statements were non-actionable because they were not shown to be false statements of fact or were opinions. Nonetheless, even on those statements where Landry's met their burden of proving a defamation claim, the statements were protected by the judicial-proceedings privilege. The court was not convinced by Landry's contention that the statements were not made in contemplation of litigation because they were made after the required federal notice for filing suit under the ESA. Additionally, the court also rejected Landry's claim that the ALDF cannot claim attorney immunity because it is not a law firm and instead is comprised of attorneys who hold law licenses. The court observed that law licenses are not issued to business entities, but to individuals. The court also rejected Landry's remaining causes of action. As to the attorneys' fee and sanctions, the court did modify the attorneys' fees because one attorney at the trial court level did not participate in the appeal. Landry's then argued that the $450,000 in sanctions was excessive. The court first noted the TCPA mandates an award of sanctions and attorneys' fees. In reviewing the award for abuse of discretion, this court reviewed arguments by ALDF concerning Landry's hiring of the third largest law firm to defend a relatively small initial action, the filing of a 157-page response, with Landry's unwillingness to concede any points. The court took that in addition to several factors under the TCPA. The court was particularly concerned with Landry's filing of this suit on day 59 of the 60-day notice to file suit under the ESA (which may have been an indication to preempt the federal suit, according to the court). Despite that and more, the court did conclude that sanctions that were 2.4 and 2.8 times the attorneys' fees awards were excessive. The court suggested a remittitur, which would bring those awards respectively to $103,191.26 and $71,295.00. Thus, the lower court's decision to dismiss Landry's claims was affirmed, but the awards for attorneys' fee and sanctions were modified.

Summary: Center for Biological Diversity ("CBD") filed an action for declaratory and injunctive relief under the Endangered Species Act, seeking protection for the Pacific fisher (a medium-sized brown mammal in the weasel family found only in North America). All parties moved for summary judgment. The CBD was the party that submitted the original petition to list this distinct population segment as endangered in 2000 (after various petitions were filed since 1990 with no action). In 2014, the U.S. Fish & Wildlife Service (the "Service") publicly proposed to list the Pacific fisher as threatened and sought public comment. In April 2016, the Service withdrew the proposed listing, finding that: populations will persist in the future; wildfires will have beneficial consequences; there "may be" breeding and interchange with other populations; and there were only a small number of confirmed deaths due to toxicosis from anticoagulant rodenticides. Plaintiffs now challenge that listing reversal as arbitrary and capricious, and seek an order requiring the Service to publish a new rule within 90 days based on “the best scientific and commercial data available." This court first examined the effect of anticoagulant rodenticides on the Pacific fisher. The court found the Service's assessment of the increase of the emerging threat from toxicosis was arbitrary and capricious, and that the Service "cherry picked" the Gabriel study to say that the study was uncertain. As to population trends, the court found that the Service based its conclusion on limited and inconclusive trend data and ignored the studies' conclusions. In fact, the court stated, "[h]ere, the absence of conclusive evidence of Pacific fisher persistence does not stand alone. The Service does not dispute that the Pacific fisher population has declined dramatically." In the end, the court granted plaintiff CBD motion for summary judgment and denied defendant Service's motion. The court directed the Service to prepare a new rule by March 22, 2019 (which denied plaintiff's motion for a 90-day rule and also denied the Service's request to "brief the timeline in order to evaluate staffing and budget constraints").

Summary: This New York case reflects Defendant's motion to dismiss the "accusatory instrument" in the interests of justice (essentially asking the complaint to be dismissed) for violating Agricultural and Markets Law (AML) § 353, Overdriving, Torturing and Injuring Animals or Failure to Provide Proper Sustenance for Animals. Defendant's primary argument is that she is not the owner of the dog nor is she responsible for care of the dog. The dog belongs to her "abusive and estranged" husband. The husband left the dog in the care of their daughter, who lives on the second floor above defendant. When the husband left for Florida, he placed the dog in the backyard attached to his and defendant's ground floor apartment. The dog did not have proper food, water, or shelter, and slowly began to starve resulting in emaciation. While defendant asserts she has been a victim of domestic violence who has no criminal record, the People counter that defendant was aware of the dog's presence at her residence and allowed the dog to needlessly suffer. This court noted that defendant's motion is time-barred and must be denied. Further, despite the time bar, defendant did not meet her burden to dismiss in the interests of justice. The court noted that, even viewing animals as property, failure to provide sustenance of the dog caused it to suffer needlessly. In fact, the court quoted from in Matter of Nonhuman Rights Project, Inc. v. Lavery (in which denied a writ of habeas corpus for two chimpanzees) where the court said "there is not doubt that [a chimpanzee] is not merely a thing." This buttressed the court's decision with regard to the dog here because "he Court finds that their protection from abuse and neglect are very important considerations in the present case." Defendant's motion to dismiss in the interest of justice was denied.