News & Analysis as of

State and Local Government Animal Cruelty

Fox Rothschild LLP

Update: Enforcement of the New Jersey Animal Cruelty Statute Following Repeal of Enforcement Authority of the New Jersey Society...

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As you recall, Governor Christie signed amendments to the New Jersey Animal Cruelty Statutes that repealed the long-standing authority of the New Jersey Society for the Prevention of Cruelty to Animals to enforce the animal...more

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NJ Bill Could Impose Unwarranted Animal Forfeiture

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A recent Bill, A2354, introduced in February of this year by New Jersey legislators should be on the forefront of any New Jersey animal owner’s mind. The Bill proposes amendments, bolstering existing animal cruelty statute...more

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Concerns About NJ Bill S4058 Which Amends Notification Requirements And Seizure Of Companion Animals

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Recently introduced Senate bill 4058 would reintroduce third parties into the enforcement, seizure and relocation of companion animals based on alleged acts of animal cruelty after the legislature successfully ousted the...more

Verrill

Animal Killing Contests: Is That Legal?

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I literally had no idea. None. Until I recently saw that a bill in Oregon failed to pass (for the third time!) which would have prohibited the killing of coyotes in contests for cash or prizes. With the prize going to the...more

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No Private Cause Of Action In New Jersey’s Animal Cruelty Statute

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Similar to bans on citizen lawsuit based on alleged violations of the Federal Animal Welfare Act (see, e.g., Animal Legal Def. Fund, Inc. v. Espy, 23 F.3d 496 (D.C. Cir. 1994); Peninsula Humane Soc’y v. Walters, No. C 84-2010...more

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Pet Store Sourcing Bans Do Nothing To Help Dogs Or People Searching For Life-long Pets

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The plethora of laws banning or limiting sales of dogs from pet stores to families seeking a dog for long term companionship, purportedly passed to shutter puppy mills, have done nothing to improve the lives of dogs bred and...more

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Proposed Bill In New Jersey Would Be Used To Establish That Animals Treated Cruelly Are Persons Who Can Sue In Court.

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The bill that provides for an advocate in criminal cases in New Jersey, concerning the welfare of care of animals has been reintroduced as A 4533 with additional language which renders it even more problematic for animal...more

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NJ Proposes An Stray Animal Study Commission

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A4504, a new bill introduced in the NJ Assembly, would establish the “Stray Animal Study Commission,” to: "(1) identify and study stray animal and animal control issues in the State, including issues surrounding stray and...more

Morgan Lewis

California Prop 12 Animal Protection Law Survives Initial Legal Challenge

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In a late November ruling, Judge Christina Snyder of the US District Court for the Central District of California denied a motion for a preliminary injunction filed by the North American Meat Institute (NAMI), which sought to...more

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Animals Should Not Be Afforded More Legal Representation Than People In Court.

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Bill A-4840 in the New Jersey Assembly, as currently drafted would interfere with the veterinarian-client-patient relationship and a pet owners ability to determine the proper care for their pets, and would provide animals...more

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Oregon Case Law Analyzing And Implementing The State’s Animal Cruelty Statute.

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In a prior blog I discussed proposed amendments to Oregon’s animal cruelty statute that would provide for statutory standing to any plaintiff who files a complaint against any animal owner for alleged violations of the...more

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A Proposed Amendment To Oregon’s Animal Cruelty Statute May Permit Anyone To File A Civil Complaint Against The Animal’s Owner.

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An untitled proposal to amend Oregon’s Animal Cruelty statute was posted by the Oregon Secretary of State on November 14, 2018 and is available on its website. The proposed amendment does not appear to have been formally...more

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No Qui Tam Action Provision In New Jersey’s Animal Cruelty Statute

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Stuart Goldman, the former chief humane law enforcement officer for the Monmouth County Society for the Prevention of Cruelty to animals, filed a qui tam complaint against Critter Control of New Jersey, Kewin, Inc. d/b/a...more

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Proposed Bills Would Change Effective Dates Of Animal Cruelty Enforcement Provisions In New Jersey

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Sister bills S2689 and A4225 have been introduced and reported out of the Senate Committee with amendments and the Assembly Committee, respectively. The bills would change the effective dates of some of the provisions of the...more

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Not A Great Day For Animals In New Jersey

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On May 17, 2018 a plethora bills were reported out of the New Jersey Assembly Agriculture and Natural Resources Committee, some with amendments that will benefit animals and their owners if they become law, and others with...more

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The Latest Version Of New Jersey’s Nosey’s Law Needs A Nose Job.

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S1093 and A1923, the latest versions of Nosey’s law, a bill that originally would have prohibited the use of elephants in traveling animal acts, has now expanded its reach to “prohibit the use of [all] wild or exotic animal...more

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It Is Time To Pull The Plug On The NJSPCA

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NJ Bill S3558, which strips the NJ Society for the Prevention of Cruelty to Animals (NJSPCA) of law enforcement authority, passed both legislative houses and only awaits the Governor’s signature or his failure to veto before...more

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Senator Lesniak’s Bill That Would Transfer Law Enforcement Authority From NJSPCA’s To Professional Law Enforcement Officers And...

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Senator Lesniak introduced S3558 to address deficiencies in the enforcement of New Jersey’s animal cruelty laws by state and county societies for the prevention of cruelty to animals. Several state reports had concluded that...more

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New York State Animal Rescue Law-A Start

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New York recently amended laws governing pet dealers by: (1) exempting incorporated animal shelters, rescue organizations or other non-profit entities that transport or offer animals for adoption (a/k/a “sale”) from the...more

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Violations Of The Fourth Amendment And Other Concerns About Amendments To New Jersey’s Animal Cruelty Statute

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In New Jersey, yet another bill amending the animal cruelty statute (S1640) was recently passed into law. The amendments “[e]stablish . . . requirements concerning necessary care of dogs, domestic companion animals, and...more

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On The Dismal State Of Equine Rescue In The Garden State Where The Horse Is The Official State Animal.

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Horses in New Jersey are highly regarded. When designating the horse as New Jersey’s state animal in 1977 Governor Bryne said: “The founding fathers of our state thought so highly of the horse that they included it in our...more

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The trials and tribulations of the NJSPCA

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As recently reported, the NJSPCA has hefty legal fees, averaging nearly a quarter of a million dollars a year, as reported by Kane In Your Corner: NJSPCA refusing to show invoices for legal fees. But, following an OPRA...more

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