A California federal judge has dismissed a suit challenging the state’s ballot initiative banning the sale of meat made from animals born to sows kept in confinement. The court found that the law does not violate the Commerce Clause because “it does not target solely interstate commerce and it regulates in-state and out-of-state conduct equally.”
Issue 29: May 4, 2020
This Week's Spotlights
Case Law Updates/Federal Case Law Updates
States Challenge Replacement WOTUS Rule
A coalition of states and cities has filed suit against the Environmental Protection Agency, alleging that the Waters of the United States replacement rule is in violation of the Administrative Procedure Act and the Clean Water Act.
Agency Updates
NIH Proposes Information Collection on Chimpanzee Research
The National Institutes of Health has provided notice of an opportunity for public comment on a proposed information collection that would ensure that NIH funding would only support noninvasive research conducted on chimpanzees. The agency suggests submitting comments on this proposal within sixty days.
Academic Updates/Books
New Ethnography of the Pork Industry
A new book by Alex Blanchette, Porkopolis: American Animality, Standardized Life, and the Factory Farm, provides an ethnographic look into the rise of the pork industry.
Other Updates
Trump Signs Executive Order to Keep Meat and Poultry Plants Open
President Trump has issued an Executive Order compelling meat and poultry plants to remain open during the coronavirus pandemic. Trump invoked the Defense Production Act to classify animal agriculture plants as essential infrastructure.
Legislative Updates
Pending State Actions
New York Considers Allowing Courts to Decide Companion Animal Ownership
New York Assembly Bill A10333 proposes to allow a court to determine the ownership of a companion animal in a divorce, separation, or action taken by roommates against one another.
Case Law Updates
Federal Case Law Updates
National Pork Producers’ Challenge to Prop 12 Dismissed
A California federal judge has dismissed a suit challenging the state’s ballot initiative banning the sale of meat made from animals born to sows kept in confinement. The court found that the law does not violate the Commerce Clause because “it does not target solely interstate commerce and it regulates in-state and out-of-state conduct equally.”
Groups Challenge New Bycatch Rule
Two environmental groups have filed suit against the National Marine Fisheries Service and National Oceanic and Atmospheric Administration, alleging that a new bycatch rule is allowing the Western Atlantic bluefin tuna population to be overfished in violation of the Magnuson-Stevens Fishery Conservation and Management Act, the Atlantic Tunas Convention Act, the National Environmental Policy Act, and the Administrative Procedure Act.
States Challenge Replacement WOTUS Rule
A coalition of states and cities has filed suit against the Environmental Protection Agency, alleging that the Waters of the United States replacement rule is in violation of the Administrative Procedure Act and the Clean Water Act.
Class Action Challenges Egg Price Gouging
A proposed class action filed in Texas alleges a coalition of egg producers, wholesalers, and retailers illegally sold eggs at a marked-up price during the coronavirus pandemic.
Agency Updates
FWS Revises Proposed Critical Habitat for Gartersnakes
The Fish and Wildlife Service has issued a revised proposal to designate critical habitat for the northern Mexican gartersnake and the narrow-headed gartersnake under the Endangered Species Act. The agency is accepting comments on the proposed rule until June 29, 2020.
FWS Releases Draft Kauai Islandwide Recovery Plan
The Fish and Wildlife Service has announced the availability of the Draft Kauai Islandwide Recovery Plan under the Endangered Species Act, which includes considerations for 27 species of wildlife. The agency is accepting comments on the plan until July 29, 2020.
NIH Proposes Information Collection on Chimpanzee Research
The National Institutes of Health has provided notice of an opportunity for public comment on a proposed information collection that would ensure that NIH funding would only support noninvasive research conducted on chimpanzees. The agency suggests submitting comments on this proposal within sixty days.
NOAA Proposes Expansion of Marine Sanctuary
The National Oceanic and Atmospheric Administration has proposed to expand the Flower Garden Banks National Marine Sanctuary by 104 square miles. The agency is accepting comments on the proposed rule until July 3, 2020.
Academic Updates
Books
New Ethnography of the Pork Industry
A new book by Alex Blanchette, Porkopolis: American Animality, Standardized Life, and the Factory Farm, provides an ethnographic look into the rise of the pork industry.
Other Updates
Trump Signs Executive Order to Keep Meat and Poultry Plants Open
President Trump has issued an Executive Order compelling meat and poultry plants to remain open during the coronavirus pandemic. Trump invoked the Defense Production Act to classify animal agriculture plants as essential infrastructure.
Dairy Digesters and Environmentalism
A piece by Gosia Wozniacka published in Civil Eats explores the relationship between climate change, dairy operations, and dairy digesters.
The US Edition of the Animal Law Digest is published weekly with the support of the Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School.