Brooks Animal Law Digest - Issue No. 18 (February 24, 2020)

H.R. 5715, or the Petfax Act of 2020, would require any commercial entity selling cats or dogs to provide the purchaser of the animal with a report detailing the animal’s background. The report would be required to disclose the name of the dealer who raised the animal, the number of other animals that dealer had raised in the last prior years, a listing of any Animal Welfare Act violations that dealer had committed in the prior two years, the animal’s date of birth, and the date of their most recent examination by a licensed veterinarian. The legislation would exclude not-for-profit animal shelters from these requirements.

A District Court in Arizona has ruled that the Fish and Wildlife Service improperly used a heightened standard of review in determining whether an agency action is “likely” to jeopardize the continued existence of any threatened or endangered species during a Section 7 Consultation. The court found that the agency, rather than applying its established standard of “more likely than not,” improperly applied a heightened standard of “very probable.” The court remanded the issue to the agency, requiring that it redo its Biological Opinion using a proper “more likely than not” standard.

New York Supreme Court Justice Tuitt has “regretfully” denied the Nonhuman Rights Project’s request for habeas corpus relief for an elephant named Happy currently confined to the Bronx Zoo. The decision was based on binding precedent by the state’s Appellate Division. The Nonhuman Rights Project has stated it will appeal the decision.

A new article published in the Journal of Food Law & Policy begins to explore the global human rights repercussions of animal agriculture, focusing on the role of government in creating these systems.

H.R. 5715, or the Petfax Act of 2020, would require any commercial entity selling cats or dogs to provide the purchaser of the animal with a report detailing the animal’s background. The report would be required to disclose the name of the dealer who raised the animal, the number of other animals that dealer had raised in the last prior years, a listing of any Animal Welfare Act violations that dealer had committed in the prior two years, the animal’s date of birth, and the date of their most recent examination by a licensed veterinarian. The legislation would exclude not-for-profit animal shelters from these requirements.

A District Court in Arizona has ruled that the Fish and Wildlife Service improperly used a heightened standard of review in determining whether an agency action is “likely” to jeopardize the continued existence of any threatened or endangered species during a Section 7 Consultation. The court found that the agency, rather than applying its established standard of “more likely than not,” improperly applied a heightened standard of “very probable.” The court remanded the issue to the agency, requiring that it redo its Biological Opinion using a proper “more likely than not” standard.

Thirteen environmental groups, including the Center for Biological Diversity and the Center for Food Safety, gave formal notice of their intent to sue the Environmental Protection Agency and U.S. Army Corps of Engineers for violating the Endangered Species Act. The groups allege that the agencies violated the Endangered Species Act when they finalized a rule re-defining the scope of waters protected under the Clean Water Act without engaging in mandatory Section 7 consultation under the Endangered Species Act.

New York Supreme Court Justice Tuitt has “regretfully” denied the Nonhuman Rights Project’s request for habeas corpus relief for an elephant named Happy currently confined to the Bronx Zoo. The decision was based on binding precedent by the state’s Appellate Division. The Nonhuman Rights Project has stated it will appeal the decision.

The U.S. Fish and Wildlife Service has announced the availability of a peer-reviewed scientific manuscript and associated model regarding potential impacts to maternal polar bear dens of seismic surveys. The agency is seeking feedback on this until April 20, 2020 and will hold two webinars on the publication on March 19 and March 20, 2020.

A new article published in the Journal of Food Law & Policy begins to explore the global human rights repercussions of animal agriculture, focusing on the role of government in creating these systems.

Following milk supplier Dean Foods’ bankruptcy last year, Dairy Farmers of America has agreed to pay $425 million to acquire 44 of the company’s facilities and certain corporate assets. The deal is subject to approval by the U.S. Department of Justice.

Food giant Hormel Corps has announced that it will join other large pork companies in stopping the use of growth drug ractopamine. The company will no longer purchase animals that have been fed or exposed to the drug beginning April 1.