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Brooks Animal Law Digest - Issue No. 19 (March 2, 2020)

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This Week's Spotlights

Legislative Updates/Pending State Actions
Alabama Legislation Would Protect Animal Enterprises and Criminalize “Frivolous” Reports of Animal Abuse
February 24, 2020

Alabama Senate Bill 196, if enacted, would give exclusive jurisdiction over all animal enterprises in the state to the Commissioner of Agriculture and Industry, ban any municipality or jurisdiction within the state from prohibiting (outright or via financial deterrents) animal enterprise, and criminalize the making of any report “clearly lacking any basis in fact or law” of animal cruelty against an animal enterprise. The bill would also discourage any entity holding an impounded animal from sterilizing the animal by making that entity liable for “the value of the animal and three times  the projected revenue over the reasonably expected life” of the animal.

California Considers Legislation to Ban Sale, Breeding, and Captivity of all Cetaceans
February 24, 2020

California Senate Bill 1405 proposes to expand the scope of existing legislation that prohibits the sale, transfer, breeding, or holding in captivity of orcas to include all cetaceans, including whales, dolphins, and porpoises.

Iowa Bill Would Prevent Local Management of Animal Enterprises
February 24, 2020

Iowa Senate Bill 2388, if enacted, would prohibit any county or city in the state from enacting legislation that regulates any animal enterprise, including zoos, circuses, and any operation that uses animals for purposes such as entertainment or transportation.

Case Law Updates/Federal Case Law Updates
Groups Sue USDA Over Chicken Slaughter Speed
February 27, 2020

The Humane Society of the United States, Animal Outlook, Mercy for Animals, Government Accountability Project, and Marin Humane have filed suit against the United States Department of Agriculture, alleging that the agency’s decision to increase allowable slaughter speeds in some chicken slaughterhouses to 175 animals per minute violates the Poultry Products Inspection Act, the National Environmental Policy Act, and the Administrative Procedure Act.

International Updates
China Reportedly Bans Wildlife Trade in Response to Coronavirus
February 24, 2020

The Chinese government has reportedly banned the trade and consumption of wild animals, citing the spread of coronavirus which likely originated in a Chinese wildlife market.

Academic Updates/Articles
Article Points Out Inconsistencies in Nomenclature Surrounding Cultivated Meat
February 24, 2020

An article published in Trends in Food Science & Technology argues that clarifying the terms used to refer to cultivated meat (including cellular agriculture, cell-based meat, and clean meat) is essential for clarity in policy debates and to establish customer confidence.

Legislative Updates

Pending State Actions
Kentucky Proposes Ban on Sale of Dogs, Cats, Rabbits
February 24, 2020

Kentucky Senate Bill 179 proposes to prohibit pet stores from selling dogs, cats, or rabbits for profit. A violation of this prohibition would result in a $500 civil fine per animal. The ban would not apply to the display of animals up for adoption from animal shelters.

Alabama Legislation Would Protect Animal Enterprises and Criminalize “Frivolous” Reports of Animal Abuse
February 24, 2020

Alabama Senate Bill 196, if enacted, would give exclusive jurisdiction over all animal enterprises in the state to the Commissioner of Agriculture and Industry, ban any municipality or jurisdiction within the state from prohibiting (outright or via financial deterrents) animal enterprise, and criminalize the making of any report “clearly lacking any basis in fact or law” of animal cruelty against an animal enterprise. The bill would also discourage any entity holding an impounded animal from sterilizing the animal by making that entity liable for “the value of the animal and three times  the projected revenue over the reasonably expected life” of the animal.

Illinois Considers Revoking Mandatory Spay/Neuter Law
February 24, 2020

Illinois House Bill 5589 proposes to remove the current state requirement that any dog found running at large contrary to the Animal Control Act a second or subsequent time or any dog determined to be potentially dangerous must be spayed or neutered and microchipped.

Idaho Bill Would Exempt Exotic Pet Stores from State Licensing Requirement
February 24, 2020

Idaho House Bill 527 proposes to add pet stores that sell animals as “household pets,” including sugar gliders, hedgehogs, and cold-blooded animals, to the list of entities exempt from wildlife licensing requirements.

California Considers Legislation to Ban Sale, Breeding, and Captivity of all Cetaceans
February 24, 2020

California Senate Bill 1405 proposes to expand the scope of existing legislation that prohibits the sale, transfer, breeding, or holding in captivity of orcas to include all cetaceans, including whales, dolphins, and porpoises.

California Bill Would Prioritize Protection of Wildlife Corridors and Habitat Linkages
February 24, 2020

California Senate Bill 1372, if enacted, would require the Department of Fish and Wildlife to study the impacts of state infrastructure projects on wildlife corridors and require other state departments to coordinate with the Department of Fish and Wildlife to minimize and mitigate negative impacts on wildlife habitat.

California Bill Would Signal Intent to Exempt Micro-Dairies from Licensing Requirements
February 24, 2020

California Assembly Bill 3190 proposes to exempt so-called micro-dairies from licensing requirements that other dairy operations in the state are required to abide by.

California Considers Allowing Court-Appointed Animal Advocates in Criminal Abuse and Neglect Cases
February 24, 2020

California Assembly Bill 2645, if enacted, would authorize courts overseeing a criminal animal abuse or neglect case to appoint from a list of designated lawyers and law students an advocate who would represent the interest of the animal(s) impacted by the proceeding.

Iowa Bill Would Prevent Local Management of Animal Enterprises
February 24, 2020

Iowa Senate Bill 2388, if enacted, would prohibit any county or city in the state from enacting legislation that regulates any animal enterprise, including zoos, circuses, and any operation that uses animals for purposes such as entertainment or transportation.

Massachusetts Bill Would Protect Wild Turkeys from Interference
February 27, 2020

Massachusetts House Bill 4892, if enacted, would prohibit any private citizen from possessing or hunting a wild turkey or interfering with the nest or eggs of a wild turkey. The bill would not prevent licensed wildlife rehabilitators from moving turkeys to more rural areas.

Minnesota Bill Would Ban Declawing of Cats
February 27, 2020

Minnesota House Bill 3733 proposes to prohibit the declawing of cats, except in cases where not doing so poses a danger to the cat’s health.

Mississippi Considers Increasing Penalties for Aggravated Cruelty to Dogs and Cats
February 27, 2020

Mississippi House Bill 1565, if enacted, would make aggravated cruelty to a dog or a cat a felony, rather than a misdemeanor, and punishable by up to a $5000 fine, five years in prison, or both. The bill also includes bars to ownership of cats or dogs following an offense and clarifies that each act constitutes a separate offense.

Case Law Updates

Federal Case Law Updates
California Sues Trump Administration Over Water Analysis Under ESA
February 24, 2020

The state of California has filed suit against several federal agencies, alleging that the agencies’ conclusion that diverting water away from the state’s Central Valley to agricultural operations would not harm endangered species was flawed.

CBD Alleges FWS Failing to Protect Endangered Toad
February 25, 2020

The Center for Biological Diversity has filed suit against the U.S. Fish and Wildlife Service, alleging that the agency has failed to provide a sufficient recovery plan for the Houston toad, listed as endangered almost fifty years ago.

CBD Settles Hawaii Endangered Species Suit
February 26, 2020

The Center for Biological Diversity has settled its lawsuit against the U.S. Fish and Wildlife Service alleging that the agency failed to designate critical habitat for several endangered species in Hawaii. The settlement includes an agreement by the agency that it will make a critical habitat proposal for the species at issue by February of 2023.

Groups Sue USDA Over Chicken Slaughter Speed
February 27, 2020

The Humane Society of the United States, Animal Outlook, Mercy for Animals, Government Accountability Project, and Marin Humane have filed suit against the United States Department of Agriculture, alleging that the agency’s decision to increase allowable slaughter speeds in some chicken slaughterhouses to 175 animals per minute violates the Poultry Products Inspection Act, the National Environmental Policy Act, and the Administrative Procedure Act.

Supreme Court Will Review Endangered Species Act FOIA Case
March 2, 2020

The Supreme Court announced it will review a petition from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service seeking to reverse a court order to release documents from a species consultation process.

Agency Updates

Paul Kiecker to Head Food Safety Inspection Service
February 25, 2020

Paul Kiecker will replace Carmen Rottenberg as Administrator of the Department of Agriculture’s Food Safety Inspection Service, Secretary Perdue has announced.

FWS Issues Final Rule Allowing Taking of Canada Geese
February 25, 2020

The Fish and Wildlife Service has issued a final rule allowing the take of Canada geese at agricultural facilities in Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia between April 1 and August 31.

FWS Designates Critical Habitat for Black Pinesnake
February 26, 2020

The Fish and Wildlife Service has finalized its designation of critical habitat for the black pinesnake of over 320,000 acres spanning ten counties in Mississippi and Alabama. The rule becomes effective on March 27, 2020.

FWS Releases Draft Recovery Plan for Eastern Massasauga Rattlesnake
February 26, 2020

The Fish and Wildlife Service has announced the availability of the draft recovery plan for the eastern massasauga rattlesnake. The agency is accepting comments on the plan until March 27, 2020.

San Diego Zoo Applies for Permit to Take Endangered Butterflies
February 26, 2020

The Fish and Wildlife Service has announced that the San Diego Zoological Society has applied for an Endangered Species Act permit to pursue, survey, capture, handle, remove adults from the wild, euthanize, transport, captive rear, and/or release two species of endangered butterflies: the Quino checkerspot butterfly and the Laguna Mountains skipper. The agency is accepting comments on this application until March 27, 2020.

FSIS Denies Food & Water Watch Petition to Ban Import of Meat from Brazil
February 26, 2020

The Food Safety Inspection Service has denied a 2017 Food & Water Watch petition requesting that the agency remove Brazil from the list of countries eligible to import meat products in the United States.

FWS Proposes Revised Critical Habitat for Yellow-Billed Cuckoo
February 27, 2020

The Fish and Wildlife Service has announced it has revised the proposed critical habitat for the western distinct population segment of the yellow-billed cuckoo. The new proposed area covers approximately 493,665 acres across Arizona, Colorado, California, Idaho, New Mexico, Utah and Texas. The agency is accepting comments on this revised proposal until April 27, 2020.

FWS Issues Final 4(d) Rule for Louisiana Pinesnake
February 27, 2020

The Fish and Wildlife Service has adopted a final 4(d) Endangered Species Act rule for the threatened Louisiana pinesnake.

NOAA To Prepare Draft Supplemental Environmental Impact Statement on Makah Tribe Request to Hunt Gray Whales
February 27, 2020

The National Oceanic and Atmospheric Administration has announced its intent to prepare a Draft Supplemental Environmental Impact Statement in response to the Makah Tribe’s request to hunt Gray Whales. The agency is not asking for any additional input to prepare this statement.

International Updates

China Reportedly Bans Wildlife Trade in Response to Coronavirus
February 24, 2020

The Chinese government has reportedly banned the trade and consumption of wild animals, citing the spread of coronavirus which likely originated in a Chinese wildlife market.

Whale Sanctuary to Open in Canada
February 27, 2020

The Whale Sanctuary Project has announced it intends to open a sanctuary for cetaceans raised in and then rescued from captivity in Nova Scotia.

Academic Updates

Articles
Article Points Out Inconsistencies in Nomenclature Surrounding Cultivated Meat
February 24, 2020

An article published in Trends in Food Science & Technology argues that clarifying the terms used to refer to cultivated meat (including cellular agriculture, cell-based meat, and clean meat) is essential for clarity in policy debates and to establish customer confidence.

Incentives and Disincentives to Decrease Meat Consumption
February 27, 2020

An article in the journal Appetite explores Australian consumer attitudes and goals regarding meat consumption.

Moral Differences Between Eating Meat and Hurting Dogs
February 28, 2020

A philosophical article delves into the moral distinctions and resulting blame between two forms of animal abuse: eating factory farming meat and torturing puppies.

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