Missouri Cervid appeals court determined the Conservation Commission has the regulations authority

Discussion in 'Hunting News' started by flounder, Oct 13, 2017.

  1. flounder

    flounder Member

    421
    Feb 26, 2010
    Captive deer' case goes to high court
    October 11th, 2017by Bob Watsonin Local NewsRead Time: 2 mins.
    [​IMG]

    The veto of Senate Bill 506 was sustained in September 2014 to keep captive deer classified as wildlife and under the control of the Missouri Department of Conservation.
    Missouri's Conservation Department has the legal and constitutional authority to regulate captive deer as well as those in the wild, the Missouri appeals court in St. Louis ruled Tuesday.

    The three-judge panel then transferred the case to the state Supreme Court "because of the general interest and importance of the questions involved."

    The four members argued the voter-approved 1936 constitutional amendment creating the Conservation Commission gave it that authority.

    The plaintiffs' lawsuit argued the Conservation Department didn't have the authority to issue or enforce regulations affecting captive deer herds and operations, because they are not "game" nor "wildlife resources of the state" as listed in that amendment.

    The four-member commission in 2014 adopted new regulations aimed at fighting "chronic wasting disease," or CWD — a fatal disease that affects cervids, the class of animals that includes deer and elk, and that is spread through animal-to-animal contact or through environmental contamination.

    The new regulations, set to go into effect on Jan. 1, 2015, were delayed during the court battles:

    Prohibited the "possession of wildlife," including "wildlife raised or held in captivity," unless permitted by commission regulations.

    Imposed fencing and confinement requirements for cervids in captivity or private ownership.
    Required veterinary testing, record-keeping and reporting requirements on hunting preserves.

    Mandated "only cervids born inside the state of Missouri" could be bred, held in captivity or hunted on big game preserves.

    The plaintiffs also argued the regulations violated their "right to farm" under the 2014 constitutional amendment.

    The case originally was filed in Gentry County in November 2014, was transferred to Osage County in February 2015 — then was transferred again in May 2015 to neighboring Gasconade County.

    Osage County Associate Circuit Judge Rob Schollmeyer heard the evidence and arguments and, on Sept. 15, 2016, issued the ruling the department appealed.

    Schollmeyer ruled if Conservation enforced its regulations, the businesses would "suffer irreparable harm" through lost business and loss of customer goodwill.

    He also ruled the regulations would eliminate "the interstate market for captive cervids," and force the businesses to spend "hundreds of thousands of dollars" to comply with the fencing regulations.

    But the appeals court determined the Conservation Commission has the regulations authority.

    "Given the highly communicable nature of CWD," Judge Robert Dowd wrote, "the Commission's efforts to restore and conserve free-ranging cervids would be threatened without the authority to regulate all cervids" that could infect the wild ones.

    The court also said the businesses didn't qualify under the "right to farm" amendment's language.

    http://www.newstribune.com/news/local/story/2017/oct/11/captive-deer-case-goes-to-high-court/695208/
     
  2. Hawk

    Hawk Well-Known Member Sponsor

    Oct 15, 2009
    The MOSC will determine whether they have authority or not.
     

  3. henry

    henry Fan Boy aka Mr Twisty and

    Thanks flounder. Good news travels fast. Steve Jones posted this with a link to the ruling . Let's hope the appeals court ruling stands. :tup:
     
  4. flounder

    flounder Member

    421
    Feb 26, 2010
    after a great deal of money changes hands i.e. political donations $$$
     
  5. flounder

    flounder Member

    421
    Feb 26, 2010
    Henry, please post that link to the ruling by Steve Jones if you have it, and YES, let's pray that appeal court ruling stands, but you know how that money flow ...political donations go, that's one reason we are in this mess, you have to pay to play$$$ it's just how it is done these days...it's not about the cwd disease and stopping it, it's how much money can you donate...that's why it takes so long to play the game, and we are just in the first half...///

    SUNDAY, MAY 14, 2017

    85th Legislative Session 2017 AND THE TEXAS TWO STEP Chronic Wasting Disease CWD TSE Prion, and paying to play

    http://chronic-wasting-disease.blogspot.com/2017/05/85th-legislative-session-2017-and-texas.html
     
  6. Hawk

    Hawk Well-Known Member Sponsor

    Oct 15, 2009
    Very little if any of this has ever been about CWD and stopping it. ... That could have been done thru MDA under their authority. Its about CONTROL and nothing more. Don't get confused.
     
    DCSarchette likes this.
  7. flounder

    flounder Member

    421
    Feb 26, 2010
    Hawk, i assure you Sir, i am not confused. the department of agriculture???

    that's laughable Sir.

    3. Prof. A. Robertson gave a brief account of BSE. The US approach was to accord it a very low profile indeed. Dr. A Thiermann showed the picture in the ''Independent'' with cattle being incinerated and thought this was a fanatical incident to be avoided in the US at all costs. ...

    http://web.archive.org/web/20060307063531/http://www.bseinquiry.gov.uk/files/mb/m11b/tab01.pdf

    Evidence That Transmissible Mink Encephalopathy Results from Feeding Infected Cattle Over the next 8-10 weeks, approximately 40% of all the adult mink on the farm died from TME. snip... The rancher was a ''dead stock'' feeder using mostly (>95%) downer or dead dairy cattle...

    https://web.archive.org/web/20060614143939/http://www.bseinquiry.gov.uk:80/files/mb/m09/tab05.pdf

    https://web.archive.org/web/20041028104003/http://www.bseinquiry.gov.uk:80/files/mb/m09a/tab01.pdf

    https://web.archive.org/web/2004102...quiry.gov.uk:80/files/yb/1987/06/10004001.pdf

    In Confidence - Perceptions of unconventional slow virus diseases of animals in the USA - APRIL-MAY 1989 - G A H Wells 3. Prof. A. Robertson gave a brief account of BSE. The US approach was to accord it a very low profile indeed. Dr. A Thiermann showed the picture in the ''Independent'' with cattle being incinerated and thought this was a fanatical incident to be avoided in the US at all costs. ...

    http://web.archive.org/web/20060307063531/http://www.bseinquiry.gov.uk/files/mb/m11b/tab01.pdf

    The occurrence of CWD must be viewed against the contest of the locations in which it occurred. It was an incidental and unwelcome complication of the respective wildlife research programmes. Despite its subsequent recognition as a new disease of cervids, therefore justifying direct investigation, no specific research funding was forthcoming. The USDA veiwed it as a wildlife problem and consequently not their province! ...page 26.

    https://web.archive.org/web/20060517075005/http://www.bseinquiry.gov.uk/files/mb/m11b/tab01.pdf

    FRIDAY, OCTOBER 06, 2017

    Canada and USA Scrapie BSE TSE Prion Update October 5 2017

    http://scrapie-usa.blogspot.com/2017/10/canada-and-usa-scrapie-bse-tse-prion.html

    WEDNESDAY, OCTOBER 4, 2017

    EFSA Scientific Report on the Assessment of the Geographical BSE-Risk (GBR) of the United States of America (USA) a review 2017

    http://bseusa.blogspot.com/2017/10/efsa-scientific-report-on-assessment-of.html

    *** U.S.A. 50 STATE BSE MAD COW CONFERENCE CALL Jan. 9, 2001

    http://tseac.blogspot.com/2011/02/usa-50-state-bse-mad-cow-conference.html

    2001 FDA CJD TSE Prion Singeltary Submission

    http://www.fda.gov/ohrms/dockets/ac/01/slides/3681s2_09.pdf

    MONDAY, OCTOBER 02, 2017

    Creutzfeldt Jakob Disease United States of America USA and United Kingdom UK Increasing and Zoonotic Pontential From Different Species

    http://creutzfeldt-jakob-disease.blogspot.com/2017/10/creutzfeldt-jakob-disease-united-states.html


    kind regards, terry
     
  8. henry

    henry Fan Boy aka Mr Twisty and


    Terry. It is a post titled good news bad news for Mdc or something like that. It's not that old. I believe it was in whitetails general.
     
    flounder likes this.
  9. Hawk

    Hawk Well-Known Member Sponsor

    Oct 15, 2009
    Its not laughable at all.... they ate the ONLY department with the expertise and experience dealing with these issues in the state. MDC has no business meddling in private business or livestock .
     
    Lazarus and DCSarchette like this.
  10. Hawk

    Hawk Well-Known Member Sponsor

    Oct 15, 2009
    DCSarchette likes this.
  11. henry

    henry Fan Boy aka Mr Twisty and

    You found it. Good deal. I found it interesting that he noted that the penned deer guys were comfortable with Mdc regulatory authority all the years until 2015. Now let's hope the supreme Court reviews it fairly quickly and upholds it.
     
    flounder likes this.
  12. flounder

    flounder Member

    421
    Feb 26, 2010
    AG Paxton: Judge Upholds Texas Deer Breeding Rules

    Monday, September 25, 2017 – Austin Attorney General Ken Paxton today praised a state district court ruling that upholds rules regulating deer breeders, which the Texas Parks and Wildlife Department (TPWD) implemented to curb the spread of chronic wasting disease (CWD) in white-tailed deer. Two deer breeders who challenged the rules were also ordered to pay the state $425,000 in attorneys’ fees. “TPWD’s lawful rules regulating the movement of breeder deer reduce the probability of CWD being spread from deer-breeding facilities, where it may exist, and increase the chances of detecting and containing CWD if it does exist,” Attorney General Paxton said. “The rules also serve to protect Texas’ 700,000 licensed deer hunters, along with the thousands of people in rural communities across the state whose livelihoods depend on deer hunting.”

    CWD is a progressively fatal neurological disorder, similar to mad cow disease, that is transmitted through saliva and blood. If it becomes established in an area, CWD can reduce the population of deer. In June 2015, Texas experienced its first case of CWD in a white-tailed deer at a breeding facility in Medina County. A total of 25 white-tailed deer tested positive for CWD at four deer-breeder facilities at the time the TPWD rules were adopted.

    https://www.texasattorneygeneral.gov/news/releases/ag-paxton-judge-upholds-texas-deer-breeding-rules


    Cause No. D-I-GN-15-004391

    BRADLY PETERSON, Plaintiff,

    v.

    CARTER SMITH, EXECUTIVE DIRECTOR; CLAYTON WOLF, WILDLIFE DIVISION DIRECTOR; MITCH LOCKWOOD, BIG GAME PROGRAM DIRECTOR; and TEXAS PARKS & WILDLIFE DEPARTMENT, Defendants.

    Filed in The District Court of Travis County, Texas ~ SEP 21 2011 At 2:00 P.M. Velva L Price, District Clerk

    IN THE DISTRICT COURT OF TRAVIS COUNTY, TEXAS 98th JUDICIAL DISTRICT

    ORDER ON DEFENDANT'S PARTIAL PLEAS TO THE JURISDICTION, CROSS-MOTIONS FOR SUMMARY JUDGMENT AND MOTIONS FOR ATTORNEY'S FEES

    Before this Court are Texas Parks and Wildlife Department's ("TWPD") Partial Pleas to the Jurisdiction, TWPD's Motion for Summary Judgment, Plaintiff's Motion for Summary Judgment, TWPD's Motion for Attorney's Fees and Plaintiffs Motion In Support of Attorney's Fees. After considering these motions, the responses, replies, authorities, evidence, pleadings, and arguments of counsel, the Court rules as follows:

    IT IS ORDERED that TWPD's Partial Plea to the Jurisdiction that the Court lacks jurisdiction over Plaintiffs request for a declaration of deer ownership is GRANTED.

    IT IS ORDERED that TWPD's Partial Plea to the Jurisdiction that the Court lacks jurisdiction over the State Officials with respect to Plaintiffs statutory and constitutional challenges to the rules and the constitutional challenges to the statutes is GRANTED.

    IT IS ORDERED that TWPD's Partial Plea to the Jurisdiction that the State Officials are immune because their actions were legislative is GRANTED.

    IT IS ORDERED that TWPD's Partial Plea to the Jurisdiction relating to the actions of Defendant Wolf and Defendant Lockwood in their individual capacities is GRANTED.

    In addition to and as an alternative, if necessary, to the Court's rulings on TPWD's Partial Pleas to the Jurisdiction, the Court ORDERS that TPWD's Motion for Summary Judgment is GRANTED and that Plaintiffs Motion for Summary Judgment is DENIED.

    The Court further ORDERS that TPWD's Motion for Attorney's Fees is GRANTED. The Court finds and concludes that TPWD's defenses of Plaintiffs claims are so inextricably intertwined that segregation of Defendant's attorney's fees is not required. Therefore, the Court ORDERS that TPWD recover attorney's fees in the amount of $425,862.50 ($362,967.50 from Plaintiffs Bailey and Peterson jointly and severally, plus $62,895.00 from Plaintiff Peterson, individually).

    The Court further ORDERS that Plaintiffs Motion for Attorney's Fees is DENIED.

    SIGNED this 21ST day of September, 2017.

    Tim Sulak Judge Presiding

    https://www.texasattorneygeneral.gov/files/epress/Deer-gn-15-4391.pdf?cachebuster:12

    see nature of the case here;

    https://www.texas-wildlife.org/images/uploads/TPWD_Lawsuit_CWD_Executive_Summary_10.2015.pdf


    SNIP...SEE;

    WEDNESDAY, SEPTEMBER 27, 2017

    TEXAS, TPWD, WIN CWD COURT CASE AGAINST DEER BREEDERS CAUSE NO. D-1-GN-15-004391

    http://chronic-wasting-disease.blogspot.com/2017/09/texas-tpwd-win-cwd-court-case-against.html


    kind regards, terry
     
    henry likes this.
  13. henry

    henry Fan Boy aka Mr Twisty and

    More good news Terry. Thanks. Keep them coming if you can .:cheers:
     
  14. DCSarchette

    DCSarchette Well-Known Member

    626
    Oct 6, 2016
    Bland, Mo.
    I am not implying that MDC doesn't have concern about CWD, but I will say I think their main issue is control. If both sides would work together to find a "Live Test", it would curtail all the problems from both sides. I find it hard to believe that a live test can't or couldn't be found, if they can tell you what a dinosaur had for breakfast, or test the DNA of a 100 year old murder. I have heard claims of the "expenses" of such research. Seems to me that both sides are ready, willing, and able to throw unlimited funds into a fight rather than a future. If researchers were getting probably half the funds the greedy high dollar lawyers are, not to mention all the other expenses involved, there would most likely have been a test by now. Then the MDC could random test live, as well as deceased animals, and confined animals could all be tested, the problem would have been confined and very possibly radicated by now, if not soon. The "deer farms" could immediately be CWD free, and the wild herd could be soon. Seems that would make to much since to work together towards a common cause.
     
    Last edited: Oct 14, 2017
  15. DCSarchette

    DCSarchette Well-Known Member

    626
    Oct 6, 2016
    Bland, Mo.
    Seems MDC's claim is that captive deer originated from the wild herd. Every domesticated animal on the planet originated from the wild. If any "inity" gets control of any animal that "originated" from the wild, will our grandchildren have to get a permit from MDC to buy a parakeet, or grandma a lap cat??
     
  16. Hawk

    Hawk Well-Known Member Sponsor

    Oct 15, 2009
    They have a live test. MDC used it to move elk to MO and release them. If its good enough for them it shoukd be good enough for everyone. The REAL issue is, for MDC and most CWD crusaders is a vendetta against deer farmers, high fence hunters, etc. Very little actually has to do with the disease itself. There was a time when it woukd have been beneficial to enforce stricter rules, but its too late. Cats out of the bag and all the rules in the world wont fix it.
     
    DCSarchette likes this.
  17. henry

    henry Fan Boy aka Mr Twisty and

    The live tests have not been approved by the FDA , USDA ect.

    If people get a permit to possess captive wildlife from the Mdc they should be under the regulation of the Mdc. That's how they can look out for the well being of the free ranging wildlife and make sure people aren't just going out and catching wild animals and caging them.

    Since parakeets and exotic cats aren't native wildlife the Mdc doesn't have control of them. Unless of course they become invasive on Mdc controlled lands.

    These deer pens acknowledged mdcs regulatory authority by obtaining permits from the Mdc and going into business under the permits. They didn't challenge the authority in order to go into business.
     
    Last edited: Oct 14, 2017
  18. Hawk

    Hawk Well-Known Member Sponsor

    Oct 15, 2009
    Deer pens acknowledged it because they didnt have a choice if they wanted to operate. That doesnt mean MDC has the authority.

    MDC needs to regulate EVERY native species that is farmed now... turkeys, frogs, catfish, etc etc etc... if they are found to have been charged with that authority they need to spend the money, time , and manpower to regulate it all.
     
    DCSarchette likes this.
  19. henry

    henry Fan Boy aka Mr Twisty and

    Like I mentioned. They didn't challenge the authority in order to go into business and they could have. They did have a choice and they chose to acknowledge the Mdc authority in order to go into business.

    They could have bought deer out of state and shipped them in and challenged the Mdc authority when prosecuted . But they didn't they chose to acknowledge the authority. They had choices.