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110-449: The Animal Legal Defense Fund goes to court for animals. From filing high-impact lawsuits to providing amicus curiae briefs, its litigation work is a primary tool in the work to advance the interests of animals. The Animal Legal Defense Fund's team of expert staff attorneys may bring suit themselves, or it may retain outside counsel for representation. Its civil actions on behalf of animals often include filing amicus curiae briefs arguing

220-553: A California judge ordered Manning Beef, a slaughterhouse, to pay $ 94,500 in attorneys’ fees after Manning falsely accused Los Angeles Cow Save, a group that organized vigils for animals killed at the slaughterhouse, of trespassing. The fees were awarded after the Animal Legal Defense Fund, the Law Offices of Matthew Strugar, and attorney Ryan Gordon filed an anti-SLAPP motion on behalf of the group. In July,

330-470: A barrier of concrete with a path on top. The commission has denied the petitions because of the anticipated loss of beach sand and because the county would shoulder the cost, not the homeowners. The county's responsibility for maintaining the bluff comes from a legal settlement dating to the early days of the development. The county's cost for the new structure was estimated to be $ 10 million for construction and another $ 15 million in mitigation fees to be paid to

440-435: A bear should, with plenty of space to roam, play, and forage in his new habitat. In February, Guam voted to dramatically strengthen the territory's laws protecting animals. Guam's new legislation adopts robust minimum care standards and other definitions which mirror much of what is contained in the Animal Legal Defense Fund's model animal protection laws. In November, the Animal Legal Defense Fund won its lawsuit to free Tony

550-451: A brief in a case before an appellate court in which it is not a litigant . Appellate cases are normally limited to the factual record and arguments coming from the lower court case under appeal; attorneys focus on the facts and arguments most favorable to their clients. Where a case may have broader implications, amicus curiae briefs are a way to articulate those concerns, so that the possibly broad legal or public policy implications of

660-625: A community that would preserve the area's natural beauty. But the plan for Sea Ranch eventually grew to encompass 10 miles (16 km) of the Sonoma County coastline that would have been reserved for private use. This and other similar coastal projects prompted opponents to form activist groups. Their efforts eventually led to putting Proposition 20 on the ballot. Proposition 20 gave the Coastal Commission permit authority for four years. The California Coastal Act of 1976 extended

770-495: A constituency that is important to Democrats." Development activities are broadly defined by the Coastal Act to include (among others) construction of buildings, divisions of land, and activities that change the intensity of use of land or public access to coastal waters . Development usually requires a Coastal Development Permit from either the Coastal Commission or the local government if such development would occur within

880-548: A defined coastal zone extending inland from 3,000 ft (910 m) up to 5 mi (8.0 km), it has the authority to control construction of any type, including buildings, housing, roads, as well as fire and erosion abatement structures, and can issue fines for unapproved construction. It has been called the single most powerful land-use authority in the United States due to its purview over vast environmental assets and extremely valuable real estate. Critics say that

990-638: A grant of $ 3,500 to allow the Dearborn Police Department to conduct necropsies on 10 of the Chihuahuas whose bodies were removed from freezers on 56-year-old Lang's property. Kenneth Lang Jr. pleaded guilty to animal cruelty in January 2010. The Animal Legal Defense Fund secured permanent custody of seven horses rescued from Michael, Judy, and Gayle Keating, the abusive North Carolina owners who allowed them to starve nearly to death, in

1100-469: A letter threatening to sue for ongoing harm to the grizzlies. As a result of the false advertising lawsuit against New York-based Hudson Valley Foie Gras, the company agreed to stop advertising its products as "humane." In March, the Clay County (Kentucky) Circuit Court entered an agreed order of judgment resolving the Animal Legal Defense Fund's lawsuit against the county to stop systematic abuses at

1210-500: A local agency (a County, City, or Port) has a Local Coastal Program (LCP) which has been certified by the commission, that agency takes over the responsibility for issuing Coastal Development Permits. For areas with Certified LCP's, the Commission does not issue Coastal Development permits (except in certain areas where the Commission retains jurisdiction, i.e. public trust lands), and is instead responsible for reviewing amendments to

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1320-470: A local agency's LCP, or reviewing Coastal Development Permits issued by local agencies which have been appealed to the commission. A Local Coastal Program is composed of a Land Use Plan (LUP) and an Implementation Plan (IP). A Land Use Plan details the Land Uses which are permissible in each part of the local government's area, and specifies the general policies which apply to each land use. The LUP can be

1430-592: A mandate to encourage public access on the California coast and that means doing everything we can to ensure people can actually afford to stay there," said Dayna Bochco, who chairs the commission. In 2022, the commission forced San Diego to require off-street parking for accessory dwelling units within the Coastal Zone in order to reduce potential demand for public parking close to beaches, so that non-residents can find convenient beach parking. In 2023,

1540-537: A part of a local government's general plan. The Implementation Plan is responsible for implementing the policies contained in the LUP. The IP is generally a part of the city's zoning code. The Local Coastal Program (LCP) for a run-down gateway to Channel Islands Harbor in Oxnard is designated for visitor-serving commercial uses and harbor-related uses that support recreational boating and fishing. The county owns and manages

1650-418: A permit for townhomes built in 1984, the owners of the 1984 townhomes sued. The Commission reasoned that the Coastal Act states that the Commission "shall" issue permits for coastal armoring designed to protect "existing structures," which the Commission interpreted as existing at the time of the passage of the Coastal Act, 1977. In 2023, the judge ruled for the plaintiffs, stating that the Commission's position

1760-400: A public works project that would meet regional public needs. The Commission recommended cities implement managed retreat philosophies allowing oceans to naturally erode developments thereby nourishing beaches with reclaimed sand made of disintegrated former properties. In 2019, after the Commission allowed a new seawall to be constructed to protect apartments built in 1972, but denied

1870-480: A small boutique style hotel to a beach property, they will be required (in 2021) to pay $ 150,000 into a fund which will help to provide for lower cost accommodations in the region. In 2019, the commission fined a hotel builder $ 15.5 million after it "replaced two of the only low-cost motels in Santa Monica with a luxury boutique hotel, without a permit," the commission said in a statement. "We as an agency have

1980-600: A third of the backlog of over 2,000 unresolved enforcement cases. The first notable fines were issued in December 2016 against Malibu property owners Dr. Warren M. Lent and his wife, for $ 4.2 million, and Simon and Daniel Mani, owners of the Malibu Beach Inn, who settled amicably for $ 925,000. The difference in severity of the fines were attributed to the "egregious" nature of the Lent case. A "local coastal program"

2090-417: A three-bedroom house. The Coastal Commission had asserted that the public-easement condition was imposed to promote the legitimate state interest of diminishing the "blockage of the view of the ocean" caused by construction of the larger house. The court, in a narrow decision, ruled that an "essential nexus" must exist between the legitimate state interest and the permit condition imposed by government, otherwise

2200-422: Is composed of 12 voting members, 6 chosen from the general public, and 6 appointed elected officials. Being on the commission can carry responsibilities which are highly politicized. The 12 appointed commissioners control zoning , compel property alterations, impose fines, bestow construction approvals or vetoes, and require public thoroughfares on private property. Separate from the appointed Commissioners are

2310-415: Is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law , an amicus curiae typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In

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2420-554: Is no longer in operation, and the former owner may no longer work with animals. In August, a North Carolina judge granted Ben the Bear permanent sanctuary at the Performing Animal Welfare Society as a result of a lawsuit against Jambbas Ranch—Animal Legal Defense Fund attorneys worked to represent the plaintiffs. Ben had languished for years on cement in a chain-link kennel—he now has the chance to live like

2530-414: Is not retained by and does not represent the unrepresented party as such, but has a responsibility to ensure that points of law of importance to the party's case are brought to the attention of the court. For example, in the case of a criminal trial, the amicus will have the responsibility to ensure that the accused's right to make full answer and defence is upheld. Examples of situations that could call for

2640-489: Is the longest-running and most authoritative report of its kind, assessing the strength of each jurisdiction's animal protection laws by examining over 4,000 pages of statutes. The report also highlights the top, middle and bottom tiers of jurisdictions and notes the "Best Five" and "Worst Five" states overall. In December, the Supreme Court denied the foie gras industry's petition challenging California's ban on

2750-419: Is the official name for a zoning plan controlled by the commission but administered by a local agency. The commission can retake granular control of any project if it is appealed. An appeal will take approximately 6–8 months on average to reach a final decision and may take longer to resolve more complicated appeals. The commission is the primary agency which issues Coastal Development Permits. However, once

2860-673: The Appellate Body who held a panel had authority to accept, consider or reject briefs under Articles 12 and 13 of the Dispute Settlement Understanding regardless of whether they were expressly solicited. The issue was re-examined in US – Lead and Bismuth II which concerned the imposition of duties by the US on certain imported hot rolled lead and bismuth carbon steel from the UK. The Panel at first instance affirmed

2970-779: The Electronic Frontier Foundation , the American Center for Law and Justice or the National Organization for the Reform of Marijuana Laws (NORML), frequently submit such briefs to advocate for or against a particular legal change or interpretation. If a decision could affect an entire industry, companies other than the litigants may wish to have their concerns heard. In the United States , federal courts often hear cases involving

3080-613: The amicus curiae briefs. Of the 11 briefs submitted, the Appellate Body accepted none on the basis they failed to comply with these additional procedures. California Coastal Commission The California Coastal Commission ( CCC ) is a state agency within the California Natural Resources Agency with quasi-judicial control of land and public access along the state's 1,100 miles (1,800 km) of coastline. Its mission as defined in

3190-638: The amicus curiae figure and the Roman juridical experience are still debated. Some scholars simply explain the Latin expression with the fact that the cultural elites' (including the jurists') language of the Anglo-Saxon world was Latin , so that many Latin legal terms first spread through English law , and then also in the Law of the United States . The Italian academic Giovanni Criscuoli, while admitting

3300-484: The constitutionality of state laws. Hence states may file briefs as amici curiae when their laws or interests are likely to be affected, as in the Supreme Court case McDonald v. Chicago , when thirty-two states under the aegis of Texas (and California independently) filed such briefs. De facto amici curiae who do not file briefs may present in the print media and social media academic perspectives on

3410-462: The 1,100 miles (1,800 km) of coastline. The commission's total budget for fiscal year 2019-2020 was $ 32,086,000 The total compensation of the commission's executive director John L. Ainsworth was $ 254,000 in 2019, Charles F. Lester's was $ 177,000 in 2015, and Peter M. Douglas's was $ 213,000 in 2011. Including the proposed budget for fiscal year 2021–22, the cumulative expenses of the Commission since 2007 exceed $ 348 million. The Supreme Court of

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3520-509: The 1976 California Coastal Act specifically prohibits State Route 1 from being widened beyond one lane in each direction within rural areas inside the Coastal Zone. The Coastal Commission also had the power to block a proposed southern extension of State Route 241 to Interstate 5 at San Onofre State Beach in San Diego County . The Coastal Commission has the ability to overrule local elected representatives and has also gained

3630-589: The Act. In October, the California Coastal Commission voted at the Animal Legal Defense Fund's request that SeaWorld San Diego must discontinue its captive orca breeding program in order to proceed with its Blue World expansion plans at that facility. In February, the Animal Legal Defense Fund settled its public nuisance lawsuit against Jim Mack's Ice Cream to secure the release of a female black bear named Ricki from her 16-year confinement at

3740-542: The American courts, the amicus may be referred to as an amicus brief . In other jurisdictions, such as Canada , an amicus curiae is a lawyer who is asked by the court to provide legal submissions regarding issues that would otherwise not be aired properly, often because one or both of the parties is not represented by counsel. In international courts , legal submissions by intervenors are called amicus curiae observations . Direct or indirect connections between

3850-557: The Animal Legal Defense Fund filed lawsuits in Kentucky against Estill and Robertson Counties for neglecting their homeless animals, despite their legal requirement to provide basic humane care. The Animal Legal Defense Fund called on Kentucky's legislature to push for comprehensive changes in its laws protecting horses and other animals. In 2008, Kentucky ranked last in the nation for animal protection laws. Amicus curiae An amicus curiae ( lit.   ' friend of

3960-509: The Animal Legal Defense Fund won a lawsuit against the Pennsylvania Deptartment of Agriculture for dogs suffering in puppy mills. The department was forced to reinstate comprehensive regulations for commercial dog breeders. The rules had prohibited some of the cruelest and most inhumane practices, such as keeping mother dogs in cages with metal wirestrand flooring and never letting mother dogs outside for exercise. In August,

4070-569: The Animal Legal Defense Fund won an Endangered Species Act lawsuit on behalf of four tigers and three lemurs held in substandard captivity at Cricket Hollow Zoo, a roadside zoo in Iowa. This victory is the first time that animal advocates successfully used the Endangered Species Act to obtain a court order for the removal of captive animals from substandard conditions, and sets important precedent that isolation of social animals violates

4180-645: The Animal Legal Defense Fund, PETA, the ACLU of Idaho, and the Center for Food Safety. In May, following a petition by the Animal Legal Defense Fund, PETA , Orca Network, and others, the National Marine Fisheries Service proposed a rule to grant Lolita the same status under the Endangered Species Act (ESA) that covers all other Southern Resident orcas, the pod that she was seized from in 1970. The Animal Legal Defense Fund and PETA believe that

4290-569: The Animaland Zoological Park in Pennsylvania permanently shut down in response to a March 2016 lawsuit filed by the Animal Legal Defense Fund. The lawsuit alleged that the zoo violated the Endangered Species Act and state wildlife laws by failing to provide adequate care for animals confined at the facility. Two bears and an endangered wolf were relocated to sanctuaries that are capable of meeting their needs. In February,

4400-485: The CCC has exceeded its mission, as well as exacerbated California's housing shortage by limiting housing supply in some of the state's most affluent areas, and harmed the environment by defending parking infrastructure, blocking public transit and scuttling dense housing development, while proponents say that the Commission has protected open space, views, habitats, endangered species, and public coastal access. The commission

4510-540: The CCC's remit. Under the legislative proposals, housing that complies with zoning rules and environmental protection laws, would be fast-tracked in areas of the state that have not met their state-set housing goals. By exempting these housing developments from lengthy public hearings and environmental legal challenges, the proposals would effectively cut the CCC out of the housing permitting process. The CCC delayed approval for 141 units of affordable housing on Venice Beach in 2022. The affordable housing project had been in

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4620-494: The California Coastal Act is "to protect, conserve, restore, and enhance the environment of the California coastline". Protection of coastal resources includes shoreline public access and recreation, lower cost visitor accommodations, terrestrial and marine habitat protection, visual resources, and regulation of agricultural lands, commercial fisheries, and industrial infrastructure. By regulating land use within

4730-527: The California Coastal Act, especially the Chapter 3 policies. The agency has sought enforcement through the courts as it originally did not have the power to issue fines on its own to alleged violators. A bill in the California legislature to grant the commission a broad power to issue fines was defeated in September 2013. However legislation attached to the state budget in the summer of 2014 finally granted

4840-476: The Coastal Commission's authority indefinitely. Jerry Brown , in his first term as governor, signed the California Coastal Act into law, but two years later, became frustrated with the commission and called them "bureaucratic thugs." Peter M. Douglas helped write the act in addition to prop 20 and was subsequently employed as the Executive Director of the Coastal Commission for 26 years. In 2011

4950-549: The Coastal Zone. The Coastal Zone is specifically defined by law as an area that extends from the State's seaward boundary of jurisdiction, and inland for a distance from the Mean High Tide Line of between a couple of hundred feet in urban areas, to up to five miles in rural areas. The state authority controls construction along the state's 1,100 miles (1,800 km) of shoreline. One of the provisions passed under

5060-515: The Commissioners chose Charles Lester as Douglas's replacement, but then fired him in 2016. Accounting for 164 percent inflation, the commission's total funding declined 26 percent from $ 22.1 million in 1980 ($ 13.5 million in then-current dollars) to $ 16.3 million in 2010. The commission's full-time staff fell from 212 in 1980 to 125 in 2010. There are 16 Commission employees working in the enforcement function to investigate violations along

5170-481: The Court, do not need to ask for leave, and have no guarantee that they will be read. The Supreme Court of the United States has special rules for amicus curiae briefs sought to be filed in cases pending before it. Supreme Court Rule 37 states, in part, such a brief should cover "relevant matter" not dealt with by the parties which "may be of considerable help". The cover of an amicus brief must identify which party

5280-571: The Save San Onofre Coalition, Orange County tollway officials withdrew their approval in 2016 and agreed in a legal settlement to preserve San Onofre State Beach. About 60 oceanview homes in Dana Point sit precariously on a landslide-prone bluff. Since 2012 Orange County has submitted two petitions to the commission to replace the boulders below the bluff along the beach into a "revetment" a combination of boulders backed by

5390-710: The Tiger from the Tiger Truck Stop in Grosse Tete, Louisiana. The judge ordered the Louisiana Department of Wildlife and Fisheries to revoke the current permit and prohibited it from issuing any new permits to the Truck Stop. After more than 100 live and approximately 150 dead Chihuahuas and Chihuahua-mixes were removed from Kenneth Lang Jr's home in 2009, the Animal Legal Defense Fund provided

5500-483: The U.S. District Court of Utah ruled the Utah ag-gag statute was unconstitutional, the second decision against an ag-gag statute affirming it was unconstitutional. Both rulings were due to lawsuits filed by the Animal Legal Defense Fund. Ag-gag laws criminalize undercover investigations at factory farms and slaughterhouses that often expose serious animal cruelty and violations of environmental and safety laws. In February,

5610-406: The U.S. Supreme Court. Muslim organizations and individuals, for example, have filed amicus briefs on both sides of recent cases dealing with divisive cultural issues, such as same-sex marriage and expansive conceptions of gender identity. In Canadian law , an amicus curiae is a lawyer, rather than an outside entity, who is asked by the Court to provide submissions in such a way as to make sure

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5720-552: The United States ruled in the 1987 case of Nollan v. California Coastal Commission that a requirement by the agency was a taking in violation of the Fifth and Fourteenth Amendments. The Coastal Commission had required that a lateral public easement along the Nollans' beachfront lot be dedicated to facilitate pedestrian access to public beaches as a condition of approval of a permit to demolish an existing bungalow and replace it with

5830-478: The ability to fine private citizens. The agency has sought enforcement through the courts as it originally did not have the power to issue fines on its own to alleged violators. A bill in the California legislature to grant the commission a broad power to issue fines was defeated in September 2013. However legislation attached to the state budget in the summer of 2014 finally granted the authority to impose fines on violators of public-access which could apply to about

5940-427: The appointment of amicus could include a highly complex or technical trial, an unsophisticated accused or one with cognitive or psychiatric challenges, or an unruly and disruptive accused. In some cases, when an accused has retained counsel for part of the trial but then fires that counsel, and if the judge finds that amicus is needed, the former counsel may be asked to remain as amicus , given their familiarity with

6050-422: The authority to impose fines on violators of public-access which could apply to about a third of the backlog of over 2,000 unresolved enforcement cases. The first notable fines were issued in December 2016 against Malibu property owners Dr. Warren M. Lent and his wife, for 4.2 million dollars, and Simon and Daniel Mani, owners of the Malibu Beach Inn, who settled amicably for $ 925,000. The difference in severity of

6160-544: The beach in Hollister Ranch unless the public were allowed access through their property. Alternatively, the Remmengas were given the option to pay the commission $ 5,000 which was said to help fund public pathways to the beach. The California Courts of Appeal held that "even if an individual project does not create an immediate need for a compensating accessway, one may be required of it if its effect together with

6270-484: The brief is supporting, or if the brief supports only affirmance or reversal. The Court also requires that all non-governmental amici identify those providing a monetary contribution to the preparation or submission of the brief. Briefs must be prepared in booklet format, and 40 copies must be served with the Court. In the United States Supreme Court, unless the amicus brief is being filed by

6380-534: The building restriction "is not a valid regulation of land use but an out-and-out plan of extortion." The commission won its attempt to require a permit for activity on a pharmaceutical limestone quarry owned by Granite Rock Company of Watsonville, California , in the United States Supreme Court case California Coastal Comm'n v. Granite Rock Co. Granite Rock's approved Forest Service permit to excavate pharmaceutical limestone expired by

6490-656: The case for recognition of the bonds between humans and nonhuman animals and filing formal complaints against government agencies charged with enforcing laws meant to protect animals. The Animal Legal Defense Fund's Criminal Justice Program is staffed by attorneys, including former prosecutors, with expertise in animal protection law who provide free legal assistance to prosecutors, law enforcement, and veterinarians handling animal cruelty cases. It also works with state legislators to strengthen criminal animal protection laws. The Animal Legal Defense Fund's Animal Law Program works closely with law students and law professionals to advance

6600-408: The case of ALDF v. Keating. On October 6, the United States Supreme Court directly addressed the issue of animal cruelty for the first time in more than fifteen years. The Animal Legal Defense Fund submitted an amicus curiae brief in the case of U.S. v. Stevens , urging the Court to uphold the law and recognize that the prevention of cruelty to animals is a compelling government interest. In August,

6710-464: The case. Canadian courts may also appoint amici in situations in which a party is represented by counsel, but issues emerge in a highly specialized or technical area of the law, on which the judge wants submissions from a lawyer with special expertise in that area. For example, in R. v. Warren, 2022 ONSC 542, the judge appointed amicus to provide detailed submissions on the intersection between constitutional rights and prison law, explaining why this

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6820-500: The case. For example, if the law gives deference to a history of legislation of a certain topic, a historian may choose to evaluate the claim from their specialized expertise. Economists, statisticians, sociologists, etc. may choose to do the same. Newspaper editorials, blogs , and other opinion pieces arguably have the capability to influence Supreme Court decisions as de facto amici curiae . They are not, however, technically considered amici curiae, as they do not submit materials to

6930-646: The commission rejected a proposal for a freeway through San Onofre State Park in San Diego County. The decision was upheld by the U.S. Department of Commerce for this alternate route to congested Interstate 5 , Southern California's main north–south artery. In agreeing to end lawsuits brought by the state of California, the California Parks and Recreation Commission, the Native American Heritage Commission and

7040-678: The commission required restaurants on the San Diego beach to replace any street parking spaces "lost" to permanent outdoor dining structures (San Diego's "Spaces as Places" outdoor dining program) that had grown extremely popular after first being implemented on a temporary basis during the COVID pandemic with other parking spaces no more than 1,200 feet away. In 2018, a high-profile case was resolved without litigation: at tech billionaire Sean Parker 's 2013 wedding in Big Sur , where extensive staging

7150-617: The commission's employed staff, numbering some 164 people during 2021–22. Jonathan Zasloff, a law professor at the University of California, Los Angeles stated that "The commission is the single most powerful land use authority in the United States given the high values of its jurisdiction and its high environmental assets." and that, because its members are appointed by the governor and the State Senate and Assembly leaders (which have generally been Democrats), "The commission reflects

7260-460: The commission's fine of $ 1.9 million and will follow the restoration order requiring LADWP to apply for a coastal development permit to complete the project and to restore 9 acres (3.6 ha) of habitat within the coastal zone and an additional 17 acres (6.9 ha) outside the zone. In the 1980s, the commission denied the Remmenga family's petition to build a home 1 mi (1.6 km) from

7370-526: The complainant. As a result, the Criminal Code permits the judge to order that the accused will not personally cross-examine the witness, and to name an uninvolved lawyer to conduct the cross-examination in place of the accused. The role commonly described as amicus curiae in the United States is known as an "intervener" in Canada. In Italian law , amici curiae are "nonprofit organizations and

7480-451: The court ' ; pl.   amici curiae ) is an individual or organization that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Whether an amicus brief will be considered is typically under the court's discretion. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of amici curiae

7590-660: The court's anticipated decisions will not depend solely on the positions and arguments advanced by the parties directly involved in the case. In prominent cases, amici curiae are generally organizations with sizable legal budgets. In the United States, for example, non-profit legal advocacy organizations, such as the American Civil Liberties Union , the Landmark Legal Foundation , the Pacific Legal Foundation ,

7700-474: The cumulative impact of similar projects would in the future create or increase the need for a system of such compensating accessways." Jeff Peck and his business partner, Steve Barber, bought a large Half Moon Bay property for $ 3 million in 1999. Peck intended to build homes where his 17-year-old autistic daughter, Elizabeth, could live independently among friends after he dies. He proposed building 225,000 sq ft (20,900 m ) of office space on

7810-467: The current confinement conditions are prohibited by the ESA. This may lead to Lolita being retired from performing and transferred to a seaside sanctuary. In January 2014, Caltrans agreed to remove bird-killing nets at a local highway project, and vowed to use safer construction methods, after settling with the Animal Legal Defense Fund and conservation groups. In July 2013, the Animal Legal Defense Fund filed

7920-402: The downtown project because of insufficient plan conformity with height and density specifications. Commission district supervisor Ryan Maroney said the mass and scale of a building would impact the "coastal resources" of views, community character and aesthetics. In 2023, the commission lobbied against California state legislative proposals that would ease housing construction in areas under

8030-479: The emerging field of animal law. Moving toward the day when animal law is part of the curriculum at each and every law school, the Animal Law Program collaborates with students, faculty, and school administrations to facilitate the development of animal law courses and assists students in forming Animal Legal Defense Fund Student Chapters. Working to expand the practice and understanding of animal law in

8140-589: The environment. San Luis Obispo County gave the McCarthys a permit, but the commission vetoed it in 2021. In 2016, the commission denied a controversial proposal for 895 homes, a hotel, and shops from being built on an Orange County oil field overlooking the Pacific Ocean. The Los Angeles Times said the denial was an expression of frustration with competing staff and developer proposals. The site had been disturbed by nearly 70 years of oil production but

8250-475: The federal government (or one of its officers or agents) or a U.S. state, permission of the court (by means of motion for leave ) or mutual consent of the parties is generally required. Allowing an amicus curiae to present oral argument is considered "extraordinary". The court can also appoint its own amicus curiae if neither party supports the decision of the lower court, which it has done at least 44 times. Religious groups regularly file amicus briefs at

8360-400: The fines were attributed to the "egregious" nature of the Lent case. According to the commission, the California Coastal Act requires that "overnight accommodations in the Coastal Zone are [be] available at a range of price points." When permitting new hotels, they usually try to require 25% of bookings at expensive hotels be offered at lower rates, or, in the case of a developer who is adding

8470-548: The first lawsuit in the nation to challenge the constitutionality of an ag-gag law. Utah's law, which criminalizes the videotaping on factory farms, attacks activity protected under the U.S. Constitution's First and Fourteenth Amendments. Also in July 2013, eleven bears were removed from gladiator-style bear pits at a North Carolina roadside zoo after the Animal Legal Defense Fund sent the Chief Saunooke Bear Park

8580-449: The harbor and wanted to amend the LCP to allow a mixed-use development with up to 400 apartments as their selected developer said the project was only feasible with the housing. In 2020, the commission refused to override the denial by the city of Oxnard of land-use changes as that is only intended to be used in rare instances when a local government is standing in the way of the development of

8690-630: The ice cream shop to the Colorado-based Wild Animal Sanctuary. In August, the U.S. District Court for the District of Idaho ruled that the state's ag-gag law, Idaho Code sec. 18-7042, violates the First and Fourteenth Amendments to the U.S. Constitution, the first time a court had declared an ag-gag statute unconstitutional and a landmark victory for a broad-based public interest coalition of national nonprofits, including

8800-559: The inhumane King Kong Zoological Park in North Carolina shut down permanently after the Animal Legal Defense Fund filed a lawsuit alleging the zoo's treatment of animals violated North Carolina's animal cruelty laws. North Carolina's unique civil animal cruelty law empowers concerned members of the public to report when criminal animal cruelty laws go ignored and under-enforced, as they did at the King Kong Zoo. In September,

8910-483: The institutional subjects, bearers of collective or diffuse interests related to the issue of constitutionality" who "may submit a written opinion to the constitutional Court". The role of amicus curiae briefs in the World Trade Organization (WTO) dispute settlement system is controversial. The controversy arises due to the governmental nature of WTO disputes. As only WTO members have access to

9020-512: The latest cases, animal law conferences, and continuing legal education opportunities. The Animal Legal Defense Fund works at the state and local levels to advance important legislation. The Legislative Affairs Program advocates for laws that promote or protect the lives and interests of animals and opposes legislation that would be detrimental to animals’ well-being. The Animal Legal Defense Fund's annual report comprehensively surveys animal protection laws of all U.S. states and territories. It

9130-481: The legal community, the Animal Legal Defense Fund partners with attorneys and pro bono coordinators across the country. The program utilizes these volunteers to support the Animal Legal Defense Fund's litigation, criminal justice, and legislative goals. The Animal Legal Defense Fund also works to expand the practice and understanding of animal law in the legal community by delivering presentations at law firms and state bar association events and keeping volunteers updated on

9240-408: The legal issues affecting the interests of all parties are properly canvassed. Where one of the parties (e.g. the accused in a criminal case) is unrepresented (and is ineligible for or refuses to apply for legal aid ), and the judge is concerned that this will leave that party at a significant disadvantage and risk a miscarriage of justice , the judge may appoint a lawyer as amicus curiae . The lawyer

9350-406: The local animal shelter. In June, the Animal Legal Defense Fund finalized a settlement and court order resolving a lawsuit alleging widespread egregious animal abuse and neglect at Cal-Cruz Hatcheries, Inc., a Santa Cruz, Calif. hatchery that processed millions of birds each year destined for the chicken and duck meat industries. Following the lawsuit, which was based on an undercover video, Cal-Cruz

9460-750: The mayor of Malibu commented: "The commission basically tells us what to do, and we're expected to do it. And in many cases that extends down to the smallest details imaginable, like what color you paint your houses, what kind of light bulbs you can use in certain places." The agency is tasked with protection of coastal resources, including shoreline public access and recreation, lower cost visitor accommodations, terrestrial and marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries , industrial uses, water quality, offshore oil and gas development, transportation, development design, power plants, ports, and public works. The commission's responsibilities are described in

9570-531: The position in the US – Shrimp case and accepted two amicus curiae briefs that were submitted. On appeal, the Appellate Body relied on Article 17.9 of the Dispute Settlement Understanding and Rule 16(1) of the Working Procedures for Appellate Review to create rules to accept amicus curiae briefs. This was deemed as the source of legal authority to accept such briefs by an Appellate Body. The next significant case to deal with amicus curiae briefs

9680-563: The process of replacing wooden power poles with steel poles to reduce wildfire risk, the Los Angeles Department of Water and Power (LADWP) graded fire roads and created new roads on Environmentally Sensitive Habitat Areas in Topanga State Park which destroyed almost 200 endangered Braunton's milkvetch plants on 9 acres (3.6 ha)(10% of those plants in the area). The city agreed that its utility will pay

9790-639: The project began under Executive Director Peter M. Douglas . In 2014, the McCarthy family sought permitting to construct a home on their property in San Luis Obispo County . The commission first denied permission telling the McCarthys to relocate a path that ran through the family's property. When the family offered a route to relocate the path and offered to pay for the work, the commission denied their petition because of impacts which included "lesser views for hikers" and significant impacts to

9900-690: The project's potential effect on traffic, noise, light, and views. In 2020, the commission required the elimination of basements for planned homes in Monterey because there was no way to be completely certain there were no artifacts on the sites in an archaeologically sensitive area, reversing the Monterey County Board of Supervisors' split approval of the projects. In 2020 and 2021, Santa Cruz city planners advocated housing projects including 175 apartments to be built downtown adjacent to Santa Cruz's main bus station. The commission opposed

10010-409: The property to help fund homes that would also be built to house 50 disabled people. The San Mateo County Board of Supervisors unanimously approved the project in 2011. In 2012 commissioners agreed with appeals filed against the project, saying the proposal would have too large of an impact on utilities, environment and traffic. Peck then filed a civil lawsuit against the commission and a complaint with

10120-499: The reuse plan in 1987 and local agencies approved a master plan in the 1990s. Critics of the development argued the Navy building should be built at a more secure site on a local base and that the downtown property should be developed as parkland for a more civic use, while plan supporters said the development will mean more economic development and additional reasons for visitors to go to the waterfront. The commission's legal opposition to

10230-555: The sale of foie gras. The Ninth Circuit Court of Appeals’ mandate went into immediate effect, banning foie gras in California. The Animal Legal Defense Fund filed numerous amicus briefs in the six-plus years of litigation, urging courts to uphold the law. In October, the Animal Legal Defense Fund and the National Council of Juvenile and Family Court Judges (NCJFCJ) announced a first-of-its-kind partnership to address judicial response in court cases related to animal cruelty. In

10340-514: The spring of 2018, after the Animal Legal Defense Fund announced its intent to sue Deer Haven Mini Zoo in Keymar, Maryland for violations of the federal Endangered Species Act and state cruelty laws, the owners agreed to voluntarily relinquish some of the animals on the property. Two endangered lemurs, a bobcat, six arctic foxes, four cavies, and a coatimundi were removed from the unaccredited roadside menagerie and transferred to sanctuaries. In August,

10450-457: The state Department of Fair Employment and Housing claiming that the commission's action discriminated against developmentally disabled people. Supporters of the development said the Coastal Commission had never approved any affordable housing for the disabled in the organization's 40-year history. That accusation was based on a cursory database search and does not prove anything, said Charles Lester, commission executive director in 2012. In 2008,

10560-467: The state. In 2014, the commission appealed a San Diego project by the United States Navy because of environmental impacts. The Navy had awarded a 99-year lease to a developer to build a multi-use development including a 373,000 sq ft (34,700 m ) regional Navy headquarters at no cost to the public to replace buildings that dated to the 1920s. The U.S. Congress had authorized

10670-452: The system, any non-members such as non-governmental organizations (NGOs) are excluded and have no right to be heard. Thus the only way for them to contribute to a WTO decision is through amicus curiae briefs. To date there is a divergence in approaches in the WTO as to the admissibility of such briefs. The first WTO case to comprehensively examine the admissibility of amicus curiae briefs

10780-452: The theoretical possibility of eventually comparing it with the Roman figure of the " consiliarius ", concludes that: "it is a figure of exclusive Anglo-Saxon blood". Starting in the 9th century, it was incorporated into English law , and it was later extended to most common law systems. Later, it was introduced in international law , in particular concerning human rights . From there, it

10890-672: The time the case was decided. Critics of the commission's authority say it has exceeded its mission, violated the constitutional property rights of citizens, worsened the California housing shortage by limiting dense housing development and harmed the environment by defending parking infrastructure and blocking public transit projects. Proponents say that the Commission has protected open space, views, habitats, endangered species, and public coastal access, and therefore argue that it should be given even greater authority to control housing projects within its jurisdiction. Jeff Jennings,

11000-512: The works since 2022. By 2023, the CCC had yet to approve the development. In 2024, the CCC hired lobbyists to push back against California legislative proposals to ease housing construction in the state. In 2024, the CCC expressed opposition to the conversion of two lanes on a six-lane freeway in Monterey County into bus/carpool lanes. CCC argued that the bus/carpool lanes "would cause substantial impacts to coastal resources" and that

11110-711: Was EC – Asbestos, where the French government banned domestically produced and imported asbestos products. Of the five amicus curiae briefs received by the Panel, only two that were submitted by the European Community, were accepted. The panel did not provide any explanation as to why they were accepted or rejected. On appeal, the Appellate Body relied on Rule 16(1) of the Working Procedures for Appellate Review to create additional procedures to deal with

11220-493: Was US – Shrimp. The case concerned a ban by the US on imports of all shrimp and shrimp products not caught with turtle excluder devices. The panel at first instance rejected the two amicus curiae briefs that were submitted by environmental groups, on the basis they were not expressly solicited by the panel under Article 13 of the Dispute Settlement Understanding of the WTO. This was overturned by

11330-552: Was a bill which would have created a state fund used to purchase threatened properties from homeowners, then rent them back to the resident to live in until it is no longer safe to do so. The California Coastal Commission was established in 1972 by voter initiative via Proposition 20 . This was partially in response to the controversy surrounding the development of Sea Ranch , a planned coastal community in Sonoma County . Sea Ranch's developer-architect, Al Boeke , envisioned

11440-433: Was an “erroneous and unreasonable” interpretation of the law. The Commission appealed the ruling, and observers have stated that the final result of this litigation will have far-reaching consequences on the future of California's coast. Currently, 14% of the whole of the California coastline, and 38% of Southern California beaches are protected with seawalls. One proposal to remedy this situation and allow managed retreat

11550-480: Was described by Lord Justice of Appeal Cyril Salmon in Allen v Sir Alfred McAlpine & Sons Ltd [1968] 2 QB 229 at p. 266 F-G: I had always understood that the role of an amicus curiae was to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf. The situation most often noted in the press is when an advocacy group files

11660-494: Was installed in an ecologically sensitive area without a proper permit, Parker cooperated with the Commission and created a mobile app named YourCoast to help visitors discover 1500 access points to beaches as well as report violations. He also paid $ 2.5 million in penalties even though the property owner was at fault and had illegally closed the area to the public for six years. The Ritz-Carlton Hotel in Half Moon Bay

11770-811: Was integrated in some civil law systems (it has been, as at 2013, integrated into Argentina 's law system and Honduras 's 2010 civil procedures code). Today, it is used by the European Court of Human Rights , the Inter-American Commission on Human Rights , the Inter-American Court of Human Rights , the Court of Justice of the European Union and the Special Tribunal for Lebanon . The role of an amicus

11880-421: Was normally outside the ken even of experienced criminal defence counsel. Another situation in which amicus may be appointed is when an accused is self-represented in a trial for offences such as sexual assault or assault in a domestic violence context. An unrepresented accused has the right to cross-examine Crown witnesses, but it may be undesirable to permit him or her to personally cross-examine, for example,

11990-456: Was ordered to pay $ 1.6 million in penalties for failing to provide public access to its nearby beaches in 2019. Cars of hotel guests and golfers would be parked in public spaces by the valets or public access was simply denied to those spaces. In 2020, the commission fined 33 Newport Beach residents a total of $ 1.7 million because their yards encroached on the beach, and required that the beach be returned to its natural state. In 2019, during

12100-477: Was still a crucial ecological refuge for plants and animals. In 2018, the commission approved 120 new oil wells in southeast Long Beach. The commission defended the approval, saying that the oil company swapped 150 acres of wetland to the city of Long Beach in exchange for the right to set up new oil wells. In 2020, the commission delayed construction of a two-story Newport Beach office building and garage with space for two tenants because neighbors objected to

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