by John M. Simpson.
Yesterday, in Animal Legal Defense Fund v. U.S. Department of Agriculture, et al., ___ F.3d ___, No. 18-16327 (9th Cir. Aug. 12, 2019), the U. S. Court of Appeals for the Ninth Circuit affirmed a summary judgment of the Northern District Court of California holding that a Bengal tiger is not an “individual” within the meaning of the Freedom of Information Act (FOIA). The case had been brought by the Animal Legal Defense Fund (ALDF) after the U.S. Department of Agriculture (USDA) denied ALDF’s request for expedited treatment of its FOIA request for records concerning an inspection request regarding a tiger named “Tony.” Continue reading 9th Circuit Rejects Animal Rights Organization’s Claim That a Bengal Tiger is an “Individual” Under FOIA
By John M. Simpson
A Connecticut Superior Court Judge recently issued an opinion further elaborating on his prior decision to deny a petition for a writ of habeas corpus filed on behalf of three elephants (two Asian and one African) owned by a zoo in Connecticut. Nonhuman Rights Project, Inc. ex rel. Beulah, Minnie and Karen v. R.W. Commerford & Sons, Inc., No. LLICV175009822S, 2018 WL 3014069 (Conn. Super Ct. May 23, 2018). The action had been brought on behalf of the elephants “Beulah,” “Minnie” and “Karen” by the Nonhuman Rights Project (NHRP), arguing that the animals possessed emotional, social and intellectual attributes sufficient for common law personhood and for the common law right to the bodily liberty protected by the writ. The May 23 decision expanded upon the reasons why the court previously had found the habeas petition to be “wholly frivolous on its face.” Continue reading Court Denies Habeas Petition Filed on Behalf of Elephants