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ALDF v. Glickman

Summary: <p> Animal welfare group and individual plaintiffs brought action against, inter alia, United States Department of Agriculture (USDA), challenging its regulations concerning treatment of nonhuman primates on grounds that they violated USDA's statutory mandate under Animal Welfare Act (AWA). </p>

Animal welfare group and individual plaintiffs brought action against, inter alia, United States Department of Agriculture (USDA), challenging its regulations concerning treatment of nonhuman primates on grounds that they violated USDA's statutory mandate under Animal Welfare Act (AWA).

Newsome v. Erwin

Summary: <p> Plaintiff brought &sect; 1983 action against county sheriff and others alleging that defendants violated his Eighth and Fourteenth Amendment rights when they shot and killed his pet lioness. </p>

Plaintiff brought § 1983 action against county sheriff and others alleging that defendants violated his Eighth and Fourteenth Amendment rights when they shot and killed his pet lioness.

Lesher v. Reed

Summary: <p> Seizure of pet dog violated Fourth Amendment where police acted unreasonably in going to canine police officer's house to seize the dog after the dog bit a child. </p>

Seizure of pet dog violated Fourth Amendment where police acted unreasonably in going to canine police officer's house to seize the dog after the dog bit a child.

U.S. v. Lopez (Abridged for Purposes of Eagle Topic Area)

Summary: <p> Laws governing intrastate activities will be upheld if they substantially affect interstate commerce.&nbsp; Under the Eagle Act, the power to regulate&nbsp;eagles has been summarily&nbsp;upheld as a valid exercise of commerce power, as it protects the eagle as a species&nbsp;by preventing the creation of a legal commercial market for the animal.&nbsp; For further discussion&nbsp;of the Eagle&nbsp;Act, see <a href="/articles/ddusbgepa.htm#clause"> Detailed Discussion. </a> </p>

Laws governing intrastate activities will be upheld if they substantially affect interstate commerce.  Under the Eagle Act, the power to regulate eagles has been summarily upheld as a valid exercise of commerce power, as it protects the eagle as a species by preventing the creation of a legal commercial market for the animal.  For further discussion of the Eagle Act, see Detailed Discussion.

U.S. v. Hugs

Summary: <p> Defendants shot and sold bald eagles to undercover officers posing as big game hunters in Montana.&nbsp; On appeal, the court denied their claims against the permit system, finding that they&nbsp;lacked standing to challenge the permit system where they failed to apply for permits.&nbsp; With regard to a facial challenge to the statute, the court held that the BGEPA passed the RFRA test, where the government asserted a compelling interest that was effectuated in the least restrictive means.&nbsp; For further discussion on commerce in eagle parts, see <a href="/articles/ddusbgepa.htm#commerce"> Detailed Discussion of Eagle Act </a> . </p>

Defendants shot and sold bald eagles to undercover officers posing as big game hunters in Montana.  On appeal, the court denied their claims against the permit system, finding that they lacked standing to challenge the permit system where they failed to apply for permits.  With regard to a facial challenge to the statute, the court held that the BGEPA passed the RFRA test, where the government asserted a compelling interest that was effectuated in the least restrictive means.  For further discussion on commerce in eagle parts, see Detailed Discussion of Eagle Act .

Japan Whaling Association v. American Cetacean Society

Summary: <p> Congress had granted the Secretary the authority to determine whether a foreign nation's whaling in excess of quotas diminished the effectiveness of the IWC, and the Court found no reason to impose a mandatory obligation upon the Secretary to certify that every quota violation necessarily failed that standard. </p>

Congress had granted the Secretary the authority to determine whether a foreign nation's whaling in excess of quotas diminished the effectiveness of the IWC, and the Court found no reason to impose a mandatory obligation upon the Secretary to certify that every quota violation necessarily failed that standard.

United States v. Bramble

Summary: <p> During a search related to a controlled substances violation, undercover agents seized eagle&nbsp;feathers from defendant.&nbsp; The court held that Congress exercised valid Commerce Clause power in enacting the BGEPA, as the&nbsp;incentive of interstate commerce in eagle parts would threaten eagles to extinction, thus depleting the future commercial potential of activities such as eagle-based tourism and educational research.&nbsp; For&nbsp;discussion on the Eagle Act and the Commerce Clause, see <a href="/articles/ddusbgepa.htm#clause"> Detailed Discussion </a> . </p>

During a search related to a controlled substances violation, undercover agents seized eagle feathers from defendant.  The court held that Congress exercised valid Commerce Clause power in enacting the BGEPA, as the incentive of interstate commerce in eagle parts would threaten eagles to extinction, thus depleting the future commercial potential of activities such as eagle-based tourism and educational research.  For discussion on the Eagle Act and the Commerce Clause, see Detailed Discussion .

Eagle Permits Issued Under 50 C.F.R. 22 et seq

Summary: <p> The Federal Regulations (50 C.F.R. 22 et seq) govern the issuance of permits to take bald or golden eagles.&nbsp; Only under these proscribed circumstances will permits be issued to take any eagles.&nbsp; Included among these categories are Indian religious permits, scientific permits, falconry permit, and permits to take inactive golden eagle nests by mining operators (links pdf. versions of these applications are provided in this document).&nbsp; </p>

The Federal Regulations (50 C.F.R. 22 et seq) govern the issuance of permits to take bald or golden eagles.  Only under these proscribed circumstances will permits be issued to take any eagles.  Included among these categories are Indian religious permits, scientific permits, falconry permit, and permits to take inactive golden eagle nests by mining operators (links pdf. versions of these applications are provided in this document). 

Detailed Discussion of the Humane Methods of Slaughter Act

Summary: <p> The Humane Methods of Slaughter Act (HMSA) is federal legislation that requires that only humane methods of slaughtering and handling livestock in connection with slaughtering be used. Before being shackled, hoisted, thrown, cast, or cut, livestock animals must be rendered insensible to pain by being gassed, electrocuted, or shot in the head with a firearm or captive bolt stunner. HMSA does not apply to birds or animals killed in ritual slaughter, and lacks a general enforcement provision. </p>

The Humane Methods of Slaughter Act (HMSA) is federal legislation that requires that only humane methods of slaughtering and handling livestock in connection with slaughtering be used. Before being shackled, hoisted, thrown, cast, or cut, livestock animals must be rendered insensible to pain by being gassed, electrocuted, or shot in the head with a firearm or captive bolt stunner. HMSA does not apply to birds or animals killed in ritual slaughter, and lacks a general enforcement provision.

US - Endangered Species - Part 81. Conservation of Endangered and Threatened Species

Summary: These ESA (Endangered Species Act) regulations relate to agreements with the states, or signed documented statements of the actions to be taken by the State(s) and the Secretary in furthering the purposes of the Act. The Secretary is authorized by the Act to cooperate with any State which establishes and maintains an adequate and active program for the conservation of various endangered and threatened species.

These ESA (Endangered Species Act) regulations relate to agreements with the states, or signed documented statements of the actions to be taken by the State(s) and the Secretary in furthering the purposes of the Act. The Secretary is authorized by the Act to cooperate with any State which establishes and maintains an adequate and active program for the conservation of various endangered and threatened species.
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