Illinois Animal Legislation Wrap-UpBy Ledy VanKavageAnimal Law, September 2023Summaries of noteworthy animal rights bills signed into law by Governor Pritzker.
USDA Animal RulesBy Angela PetersAnimal Law, September 2023An overview of recent and proposed changes to USDA rules regarding animals, why they are necessary, and how they change the previous standards.
U.S. Supreme Court Upholds California’s Proposition 12 Preserving Landmark Protections for Pigs, Chickens, and CalvesBy Lisa VelezAnimal Law, June 2023The Supreme Court's decision in NPCC v. Ross upholds California's Proposition 12, a farm animal protection ballot measure that voters passed into law in 2018. Proposition 12 requires that calves raised for veal, mother pigs, and egg-laying hens be housed in systems that comply with specific standards for freedom of movement, cage-free design, and specified minimum floor space, including that they be provided at least enough space to stand up, turn around and extend their extremities.
Costly Critters: Municipal Liability Under the Endangered Species ActBy Amy Lynn LonerganAnimal Law, February 2023Municipal attorneys need to be aware of how a tiny animal or plant can blow a city budget, just as environmental attorneys need to be aware of how this liability issue can be leveraged to create safe habitats.
Happy Case SummaryBy Tim MaduraAnimal Law, October 2022On June 14, 2022, the State of New York Court of Appeals issued its opinion on whether an elephant, Happy, is entitled to a common law writ of habeas corpus.
Breed Discrimination in the Homeowners Insurance IndustryBy Fran Ortiz & Grace LopesAnimal Law, May 2022A discussion of the discriminatory impact of the insurance industry’s use of dog breed lists to deny homeowner and renters insurance coverage and renewals, create policy exclusions, and place limitations on coverage.
Breed Discrimination in the Homeowners Insurance IndustryBy Fran Ortiz & Grace LopesAnimal Law, April 2022A discussion of the discriminatory impact of the insurance industry’s use of dog breed lists to deny homeowner and renters insurance coverage and renewals, create policy exclusions, and place limitations on coverage.
NBCSL Resolution on Breed BiasBy Ledy VanKavageAnimal Law, April 2022In December, the National Black Caucus of State Legislators ratified Children, Youth and Family Services Resolution CYF-22-23 denouncing breed specific legislation because such laws are discriminatory in nature.
DOT Final Rule on Service AnimalsBy William GorenAnimal Law, November 2021On December 10, 2020, the U.S. Department of Transportation published its final rule to amend the Department’s Air Carrier Access Act regulation on traveling by air with service animals.
Pet Trusts: ‘Tails’ From a Corporate TrusteeBy Kathryn Van EeuwenTrusts and Estates, November 2021An overview of pet trusts, which ensure that a pet owner's furry, feathery, or scaly friends are cared for should they die while their pet is still living.
Under the IMDMA, What Is the Well-Being of a Companion Animal?By Angela Peters & David HopkinsFamily Law, February 2020Effective January 1, 2018, the Illinois General Assembly amended the Illinois Marriage and Dissolution of Marriage Act to allow parties going through a divorce to petition the court for sole or joint possession of companion animals.
Animal Law in the NewsBy Melissa A. MayeAnimal Law, August 2019Summaries of current events of interest to animal law practitioners.
Under the IMDMA, What Is the Well-Being of a Companion Animal?By Angela Peters & David HopkinsAnimal Law, August 2019Effective January 1, 2018, the Illinois General Assembly amended the Illinois Marriage and Dissolution of Marriage Act to allow parties going through a divorce to petition the court for sole or joint possession of companion animals.
An update on the companion animal Good Samaritan lawBy Melissa A. MayeAnimal Law, August 2018This year, Illinois failed to become the thirteenth state to enact a Good Samaritan law, which would allow a person to break into a vehicle to rescue a companion animal that is noticeably in distress under certain circumstances.
Pet custody is coming to Illinois: Who will get Fido in the divorce?By Marie K. SarantakisFamily Law, March 2018Effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage Act nows require state courts to award custody of a marital companion pet after considering what is in the animal’s best interests.
Pet custody is coming to Illinois: Who will get Fido in the divorce?By Marie K. SarantakisAnimal Law, February 2018Six out of every 10 U.S. households own a pet. Almost five out of 10 of married couples file for divorce. Consequently, it should be no surprise that a significant percentage of our population faces legal difficulties as to who will keep the family’s furry child when spouses move in to separate residences.
Chicago ordinance limiting the sale of cruelly raised animals upheld by the Seventh CircuitBy Bruce Wagman & Molly L. WiltshireAnimal Law, November 2017The Seventh Circuit decision marks a victory for the important principle that local governments have the right to enact animal protective legislation focusing on issues identified within the specific municipality.
“Property plus” – A new well-being standard for the family pet in marriage dissolution proceedingsBy Alicia Hill RuizAnimal Law, November 2017On January 1, 2018, Illinois begins its work as the first state to mandate that in any allocation of a marital asset companion animal under the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), the court “...shall take into consideration the well-being of the companion animal.”
Herding cats (The Illinois Feral Cat Task Force)By Ledy VanKavageAnimal Law, April 2017The recently created Feral Cat Task Force Resolution was charged with making recommendations for changes that would result in the effective management of feral and community cats, preserve wildlife, improve cat welfare, maintain property rights, and enhance public health.
