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Woudenberg v. U.S. Dept. of Agriculture

Summary:

According to Department of Agriculture regulations promulgated under the federal Animal Welfare Act (with certain exceptions not applicable here), persons who were in the business of buying and selling dogs and cats (i.e. class B dealers) may not obtain dogs or cats from an individual donor “who did not breed and raise them on his or her premises.” Another provision required a dealer in such a case to “obtain [ ] a certification that the animals were born and raised on that person's premises.” The question in this case was whether there was a violation when the dealer obtained the required certification, but the certification was false. The regulatory language was clear that a dealer violated the law by obtaining a dog or cat from an individual donor who did not breed or raise it on the donor's premises and it was still a violation even when the dealer in good faith obtained certifications that the animals had been so bred and raised. The certification requirement was an enforcement mechanism for the prohibition, not an exception. The Department of Agriculture therefore properly entered a cease-and-desist order against the petitioner.

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Chadd v. U.S.

Summary:

The issue in this case was whether the United States may be sued under the Federal Tort Claims Act (FTCA) for the actions of the National Park Service (NPS) relating to a mountain goat that attacked and killed a Park visitor. Wife of the visitor, on her own behalf and as representative of his estate, sued the NPS, claiming officials breached their duty of reasonable care by failing to destroy the goat in the years leading up to her husband’s death. The District Court dismissed the case due to lack of subject matter jurisdiction. On appeal, the court sought to determine whether an exception to the FTCA’s waiver of sovereign immunity applied. The court found the NPS’s management policies manual did not direct or mandate the NPS to take action to kill the mountain goat, and thus the NPS's management of the goat fell within the discretionary function exception. Further, the NPS’s decision to use non-lethal methods to manage a mountain was susceptible to policy analysis, which fell within the discretionary exception as well. The lower court’s decision was therefore affirmed. Senior Circuit Judge Kleinfield filed a dissenting opinion.

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U.S. v. Vance Crooked Arm

Summary:

A grand jury indicted Defendants on multiple counts of, among other things, knowingly and willfully conspiring to kill, transport, offer for sale, and sell migratory birds, including bald and golden eagles, in violation of the Migratory Bird Treaty Act (MBTA) (Count I) and unlawfully trafficking in migratory bird parts (Count II – IV). On appeal, as at the district court, Defendants argued that the counts to which they pled guilty were improperly charged as felonies because it was only a misdemeanor under the MBTA to sell migratory bird feathers. The court concluded first, that even under Defendants' interpretation of the MBTA, Count I charged a felony; and, second, that in regard to Count II, the allegations stated a misdemeanor only, not a felony. Accordingly, the court affirmed in part, as to Count I, but reversed in part as to Count II. The court also vacated the sentence on both Counts, vacated the felony conviction on Count II, and remanded for proceedings consistent with this opinion. On remand, the Defendants were given the option to withdraw their guilty pleas with regard to Count II, or the district court might consider whether to resentence their convictions on that count as misdemeanors.

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US - Endangered - Petition to List the Northwest Atlantic DPS of the Thorny Skate

Summary:

The Animal Welfare Institute and Defenders of Wildlife (Petitioners) hereby petition the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, to list the Northwest Atlantic population of thorny skate (Amblyraja radiata) as an endangered or threatened Distinct Population Segment (DPS), pursuant to the Endangered Species Act (ESA) (16 U.S.C. § 1531–44). In the alternative, Petitioners request NMFS to list a U.S. DPS of the thorny skate as a threatened or endangered species. In addition, Petitioners seek the designation of critical habitat concurrently with any listing of the thorny skate, as authorized by statute.

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Missouri Pet Breeders Association v. County of Cook

Summary:

Cook County passed an ordinance that required a “pet shop operator” to only sell animals obtained from a breeder that (among other requirements) held a USDA class “A” license and owned or possessed no more than 5 female dogs, cats, or rabbits capable of reproduction in any 12-month period. Plaintiffs, a professional pet organization and three Cook County pet shops and their owners, sued Cook County government officials, alleging that the ordinance violated the United States and Illinois Constitutions. Defendants moved to dismiss the action. After concluding that plaintiffs had standing to pursue all of their claims, with the exception of the Foreign Commerce Claim, the Court granted the defendants' motion to dismiss all claims, but gave Plaintiffs a chance to cure their complaint's defects by amendment.

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United States Association of Reptile Keepers, Inc. v. Jewell

Summary:

On a motion for a preliminary injunction to enjoin implementation of the 2015 Rule (80 Fed.Reg. 12702 ), the US District Court for the District of Columbia addressed whether the U.S. Department of Interior acted within its authority when it issued Lacey Act regulations prohibiting the interstate transportation of certain large constricting snakes. The United States Association of Reptile Keepers argued that since the Lacey Act “[did] not encompass transportation of listed species between two states within the continental United States,” the Department of Interior exceeded its authority. Relying on the history of zebra mussels and bighead carp, the Department argued that it did not. The Court, however, found the Department had failed to establish that that history was sufficient to confer an authority on the Department that Congress did not confer when it enacted the controlling statutory text. The Court ruled the preliminary injunction would issue and ordered the parties to appear for a status conference on May 18, 2015 to address the scope of the injunction.

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Perfect Puppy, Inc. v. City of East Providence

Summary:

Due to public concern about puppy mills, City passed an ordinance banning pet stores located within its limits from selling dogs and cats unless those animals were owned by a city animal shelter or animal control agency, humane society, or non-profit rescue organization and the pet store maintained those animals for the purpose of public adoption. In its Amended Complaint, Plaintiff, a pet store, raised numerous challenges to the ordinance under the Constitutions of the United States and of Rhode Island, claiming that it violated the dormant Commerce Clause, the Contract Clause, the Takings Clause, and Plaintiff's equal protection and due process rights, and that it was preempted by state statute. Plaintiff and Defendant both sought summary judgment to all challenges. Plaintiff's motion was DENIED and Defendant's motion was GRANTED to all counts in Plaintiff's Amended Complaint except Count Three, the Takings claim, which was REMANDED to the Rhode Island Superior Court. (2016: Affirmed in part and appeal dismissed in part at 807 F.3d 415, 417 (1st Cir. 2015)).

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Big Cats of Serenity Springs, Inc. v. Vilsack

Summary:

In an amended complaint, Plaintiffs asserted four claims against Defendants relating to a May 7, 2013 United States Department of Agriculture inspection of Big Cats of Serenity Springs, Inc. The claims included a Fourth Amendment right to be free from unreasonable searches and seizures; a 42 U.S.C. § 1983 claim against the Inspector Defendants “because they acted under color of state law when they induced the deputies to cut the chains and enter the premises;” a declaratory judgment “declaring that [Defendant] Thompson inappropriately overrode the medical advice of [Plaintiff] Big Cats' veterinarians and declaring that, in the future, the USDA cannot force [Plaintiff] Sculac to choose between following the medical advice of his veterinarians and the mandates of a USDA inspector;” and a declaratory judgment that the USDA must follow its own regulations and that it cannot conduct a warrantless search of the Big Cats facility outside of ‘normal business hours' solely because an inspector ‘want [s] to’ or because an inspector subjectively ‘believe[s][it] necessary to determine the welfare status of the animals....' ” In addition to declaratory relief, Plaintiffs also sought compensatory and punitive damages, costs, expenses, and prejudgment interest. Defendants filed a motion to dismiss. US Magistrate Judge issued a recommendation that, to the extent the Motion argued that the declaratory judgment claims should be dismissed because Plaintiffs lack standing, the Motion be granted in part and denied in part and that the declaratory judgment claims asserted by Plaintiffs Nick Sculac, Julie Walker, and Jules Investment, Inc. be dismissed without prejudice. In all other aspects, the Magistrate recommended that the Motion be denied. A District Court judge approved and adopted these recommendations and denied defendant’s objections to the recommendations.

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Flint v. City of Milwaukee

Summary:

In 2010, police obtained a warrant to search plaintiff’s residence for endangered species. While at the plaintiff’s residence, police shot and killed two Tibetan Mastiffs. Plaintiff was arrested and detained by police in an on the scene determination that she had violated Wisconsin's endangered species and mistreatment of animals law. These charges were later dropped. Plaintiff filed a section 1983 suit—asserting that defendants not only unlawfully searched her residence, seized and "slaughter[ed] ... her dogs," but that they also unlawfully detained her in violation of the Fourth and Fourteenth Amendments. After District Court denied plaintiff's motion for summary judgment on her unlawful detention claim, plaintiff filed a motion for reconsideration. District Court denied plaintiff's motion for reconsideration because she had not cited any intervening change in the law, any erroneous application of the law, or any newly discovered evidence that would compel the Court to reconsider its decision. Additionally, the District Court found the court had reviewed the unlawful detention claim using the proper legal standard.

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US - PPIA and FMIA Regulations - Rules of Practice

Summary:

The following Poultry Products Inspection Act and Federal Meat Inspection act regulations detail the provisions for when the Food Safety and Inspection Service can take regulatory control.

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