Brooks Animal Law Digest - Issue No. 28 (April 27, 2020)

Texas Senate Bill 2035 proposes to restrict the use of the terms meat, beef, chicken, and pork on advertising and labeling of food products to food products made out of a “formerly live” animal. The bill would also ban advertisements and labeling of “imitation” meat products that include comparisons of the product’s nutritional value to slaughtered animal products.

The Chicago City Council has passed an ordinance which will effectively ban the use of horse carriages beginning in 2021. The city will no longer issue new licenses for horse-drawn carriages, and current licenses will not be renewed.

The United States Supreme Court has ruled that the Clean Water Act can be used to regulate pollution that travels through groundwater, but narrowed the test to determine when a permit may be required to “when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.” The Ninth Circuit had previously held more broadly that permits may be required when pollutants are “fairly traceable” from a point source such that that the discharge is “the functional equivalent” of a direct discharge.

The nonprofit workers group the Rural Community Workers Alliance and an unidentified worker at a Smithfield processing facility in Missouri have filed suit against the company, alleging it failed to institute measures to prevent the spread of COVID-19, such as maintaining distance between workers, providing personal protective equipment, and allowing time for handwashing. The complaint also alleges that workers often do not even have sufficient time to cover their mouths when they cough or sneeze. The plaintiffs are seeking changes in working conditions, but no money damages.

The Department of Defense and the Environmental Protection Agency have issued a final Waters of the United States rule. The rule narrows the scope of the Clean Water Act, excluding many wetlands. The rule becomes effective on June 22, 2020.

The United States Department of Agriculture is seeking comments from the public as it prepares an Economic Analysis Report on the Organic Livestock and Poultry Practices final rule and subsequent withdrawal of the rule. The Report is being prepared in relation to ongoing litigation regarding the agency’s justification of the withdrawal of the rule. The agency is accepting comments until May 26, 2020.

Texas Senate Bill 2035 proposes to restrict the use of the terms meat, beef, chicken, and pork on advertising and labeling of food products to food products made out of a “formerly live” animal. The bill would also ban advertisements and labeling of “imitation” meat products that include comparisons of the product’s nutritional value to slaughtered animal products.

The Chicago City Council has passed an ordinance which will effectively ban the use of horse carriages beginning in 2021. The city will no longer issue new licenses for horse-drawn carriages, and current licenses will not be renewed.

The United States Supreme Court has ruled that the Clean Water Act can be used to regulate pollution that travels through groundwater, but narrowed the test to determine when a permit may be required to “when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.” The Ninth Circuit had previously held more broadly that permits may be required when pollutants are “fairly traceable” from a point source such that that the discharge is “the functional equivalent” of a direct discharge.

Three environmental groups have notified the U.S. Army Corps of Engineers and the National Marine Fisheries Service of their intent to file a lawsuit under the Endangered Species Act. The groups allege that the agencies failed to protect endangered species, including sea turtles, by allowing water containing toxic algae to be released in waterways without proper review.

Landowners have filed suit in federal court against a nearby egg farm, alleging that the farm violated the Clean Water Act and state water quality standards and that the farm’s pollutants have decreased the value of the land.

Texas Attorney General Ken Paxton has petitioned the Harris County District Court for a restraining order that would prevent Cal-Maine Foods Inc., the country’s largest egg producer, from selling eggs at a rate that has more than tripled since the Texas Governor’s call for people to stay at home in the state.

The nonprofit workers group the Rural Community Workers Alliance and an unidentified worker at a Smithfield processing facility in Missouri have filed suit against the company, alleging it failed to institute measures to prevent the spread of COVID-19, such as maintaining distance between workers, providing personal protective equipment, and allowing time for handwashing. The complaint also alleges that workers often do not even have sufficient time to cover their mouths when they cough or sneeze. The plaintiffs are seeking changes in working conditions, but no money damages.

The Department of Defense and the Environmental Protection Agency have issued a final Waters of the United States rule. The rule narrows the scope of the Clean Water Act, excluding many wetlands. The rule becomes effective on June 22, 2020.

The United States Department of Agriculture is seeking comments from the public as it prepares an Economic Analysis Report on the Organic Livestock and Poultry Practices final rule and subsequent withdrawal of the rule. The Report is being prepared in relation to ongoing litigation regarding the agency’s justification of the withdrawal of the rule. The agency is accepting comments until May 26, 2020.

The Fish and Wildlife Service has issued a final rule reclassifying the golden conure—a parrot species—from endangered to threatened under the Endangered Species Act. The agency also established a species-specific Section 4(d) rule for the bird.

A new study from the Netherlands examines consumers’ willingness to accept cultivated meat as a substitute for slaughtered meat. Over half of the participants said they would purchase the cultivated meat at a higher price than non-cultured meat.

An article published in the Florida Bar Journal argues that some provisions of domestic violence law should also apply to companion animals, giving family court judges more power over these custody disputes.

A study conducted by researchers in Sweden reports to have found that consumers are willing to pay a premium price for meat products that include a label assuring the highest available standards of animal welfare and healthfulness. The published paper is not yet available.