Animal Law Digest

Dallas-based Colossal Biosciences is using genetic engineering to bring the dodo, wooly mammoth, and Tasmanian tiger back from extinction. According to its CEO, the company is “100% confident” it can bring back these three extinct species. It plans to bring back the wooly mammoth by “leveraging artificial intelligence and other tools to identify the core genes that make a mammoth a mammoth and then engineering them into elephant genomes,” using an Asian elephant to gestate a mammoth fetus. The company thinks it can “de-extinct” the mammoth as soon as 2028.

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) made corrections to its final rule governing the importation of equines and procedures for horses that are refused entry. The corrected rule is effective April 8, 2024.

The National Marine Fisheries Service (NMFS) proposed a rule under the Magnuson-Stevens Fishery Conservation and Management Act that “would update the Atlantic highly migratory species (HMS) regulations regarding the sea turtle safe handling and release requirements and equipment in the HMS pelagic and bottom longline fisheries.” The agency will accept public comments through May 8, 2024.

The Federal Trade Commission (FTC) published proposed modifications to the Horseracing Integrity and Safety Authority’s Rule Series 2000 Racetrack Safety Rule, pursuant to the Horseracing Integrity and Safety Act. The Commission will accept comments on the proposed modifications through April 22, 2024.

The U.S. Fish & Wildlife Service (FWS) reopened the public comment period on its proposal to list the northwestern pond turtle and the southwestern pond turtle as threatened species under the Endangered Species Act (ESA) and to provide a 4(d) rule. FWS will accept public comments through May 6, 2024.

Louisiana House Bill 854 would exempt from Wildlife Rehabilitation Program rules the keeping of one sick, injured, or orphaned squirrel, skunk, opossum, raccoon, wild rabbit, or chipmunk. To qualify for the exemption, a veterinarian would need to determine “that the animal is medically nonreleasable or exhibits signs of adjusted life in captivity and poses minimum zoonotic potential” and the individual keeping the wild animal would need to have satisfied the Wildlife Rehabilitation Program course requirements. Louisiana House Concurrent Resolution 6 would provide the same exemption as well as require an online version of an approved wildlife rehabilitation course and mandate that wildlife rehabilitators maintain suitable habitats for the animals they house, subject to reporting and inspection. The resolution unanimously passed the House, and the bill was scheduled for floor debate on April 10, 2024.

Minnesota Senate File 5327 would prohibit breed discrimination by landlords who allow dogs and impose civil penalties on landlords who discriminate against current or prospective tenants based on their dog’s breed. It has been referred to the Senate Judiciary and Public Safety Committee.

Indiana-based Egg Innovations announced its intent to introduce in-ovo sexing technology to eliminate the practice of culling male chicks. Its implementation would make it the first U.S.-based company to use the technology, which is already used in Europe. The company plans to use its Helpful Hens brand to introduce the technology to U.S. consumers in 2025.

Animal Partisan (AP) sued the Board of Regents of the University of Michigan under the Michigan Freedom of Information Act (MFOIA) in the Michigan Court of Claims. AP’s complaint alleges that the university improperly withheld video recordings of forced mouse swim tests requested by AP under MFOIA on December 12, 2023. The complaint further argues that the university’s rejection of AP’s MFOIA request was arbitrary and capricious under a state statutory provision, pursuant to which the university could be subject to a civil fine and punitive damages. AP is seeking a court order requiring disclosure of the videos as well as penalties, attorney fees, and costs.

Florida Governor Ron DeSantis signed Senate Bill 1638, allocating 96% of the state’s revenue from its gaming compact with the Seminole Tribe to conservation and adaptation efforts including Florida wildlife corridor support, invasive species removal, flooding and sea level rise response measures, and water quality improvement.