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Brooks Animal Law Digest - Issue No. 32 (May 25, 2020)

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This Week's Spotlights

Legislative Updates/Pending Federal Actions
Congress Considers Ban on Use of Funds for Live Dog and Cat Purchases from China
May 18, 2020

Senate Bill 3628 proposes to prohibit the use of federal funds to purchase live cats or dogs from so-called “wet markets” in China.

Case Law Updates/Federal Case Law Updates
Lawsuits Challenging Environmental Species Act Rollbacks Dismissed
May 18, 2020

A federal judge in California has dismissed two (1, 2) lawsuits filed by environmental and animal protection groups challenging the federal government’s recent rollbacks of the Endangered Species Act, saying that the groups failed to establish standing. A similar lawsuit brought by a coalition of states, however, survived.

Smithfield Foods Sued Over “Safest” Pork Claims
May 21, 2020

The Organic Consumers Association, represented by the Richman Law Group, has filed suit against Smithfield Foods, alleging that the company’s representation of its products as the “safest” on the market is false and misleading.

Agency Updates
EPA Seeks Comment on CWA 404 Permit Policy Regarding ESA Consultation
May 21, 2020

The Environmental Protection Agency has announced it is seeking comments on whether the agency should reconsider its current position that consultation under section 7 of the Endangered Species Act is not required when the agency approves a request to assume the Clean Water Act section 404 dredged and fill permit program. The agency is accepting comments until July 6, 2020.

International Updates
Wuhan Bans Consumption of Wild Animals
May 20, 2020

The city of Wuhan, China has banned the consumption, breeding, and hunting of wild animals amid mounting pressure for the country to regulate the wildlife trade.

Islamabad High Court Holds That Nonhuman Animals Have Legal Rights
May 21, 2020

The Islamabad High Court in Pakistan has ruled that an elephant held in solitary captivity must be released to a sanctuary and affirmed that animals have “legal rights.”

Legislative Updates

Pending Federal Actions
Congress Considers Ban on Use of Funds for Live Dog and Cat Purchases from China
May 18, 2020

Senate Bill 3628 proposes to prohibit the use of federal funds to purchase live cats or dogs from so-called “wet markets” in China.

Congress Considers Pay Relief for Meat, Poultry, and Egg Producers
May 21, 2020

Senate Bill 3797 proposes to provide overtime and holiday pay relief for small egg, meat, and poultry processing plants. The full text of the bill is not yet available.

Pending State Actions
Michigan Considers Legislation to Amend Cruelty Law
May 21, 2020

Michigan House Bill 5809 proposes several changes to the state’s animal cruelty law, including requiring offenders to pay the costs associated with the care and treatment of seized animals.

Case Law Updates

Federal Case Law Updates
Lawsuits Challenging Environmental Species Act Rollbacks Dismissed
May 18, 2020

A federal judge in California has dismissed two (1, 2) lawsuits filed by environmental and animal protection groups challenging the federal government’s recent rollbacks of the Endangered Species Act, saying that the groups failed to establish standing. A similar lawsuit brought by a coalition of states, however, survived.

Supermarket Chain and Milk Producers Cooperative File Antitrust Challenge Against Dairy Merger
May 19, 2020

Food Lion, a supermarket chain, and the Maryland and Virginia Milk Producers Cooperative Association have filed suit against the Dairy Farmers of America, alleging that the proposed merger between the corporation and Dean Foods Company violates federal antitrust law and are seeking injunctive relief.

Sea Shepherd Sues United States Over New Zealand Fishery Imports
May 21, 2020

Sea Shepherd has filed suit against a variety of federal agencies, alleging that the agencies’ failure to ban imports from certain fisheries in New Zealand that cause harm to endangered dolphins violates the Marine Mammal Protection Act and the Administrative Procedure Act.

Smithfield Foods Sued Over “Safest” Pork Claims
May 21, 2020

The Organic Consumers Association, represented by the Richman Law Group, has filed suit against Smithfield Foods, alleging that the company’s representation of its products as the “safest” on the market is false and misleading.

Agency Updates

EPA Seeks Comment on CWA 404 Permit Policy Regarding ESA Consultation
May 21, 2020

The Environmental Protection Agency has announced it is seeking comments on whether the agency should reconsider its current position that consultation under section 7 of the Endangered Species Act is not required when the agency approves a request to assume the Clean Water Act section 404 dredged and fill permit program. The agency is accepting comments until July 6, 2020.

FWS Seeks Comments on Endangered Species and Marine Mammal Permit Applications
May 22, 2020

The Fish and Wildlife Service has announced it is seeking comments on numerous applications for permits under the Endangered Species Act and Marine Mammal Protection Act. Applications include requests for captive bred permits for crocodiles, tortoises, penguins, and other animals; permits to kill “excess” deer and oryx; and permits to import sport-hunted trophies. The agency is accepting comments on these permit applications until June 22, 2020.

FDA Finds Cattle Most Likely Cause of E. coli Outbreaks
May 22, 2020

A report released by the Food and Drug Administration concludes that the most likely source of several E. coli outbreaks in 2019 was fecal contamination from nearby cattle lots.

International Updates

Wuhan Bans Consumption of Wild Animals
May 20, 2020

The city of Wuhan, China has banned the consumption, breeding, and hunting of wild animals amid mounting pressure for the country to regulate the wildlife trade.

Islamabad High Court Holds That Nonhuman Animals Have Legal Rights
May 21, 2020

The Islamabad High Court in Pakistan has ruled that an elephant held in solitary captivity must be released to a sanctuary and affirmed that animals have “legal rights.”

Academic Updates

Articles
Psychological Research into the “Meat Paradox”
May 18, 2020

A new article published in Personality and Individual Differences explores the “meat paradox”—the phenomenon that people with higher levels of empathy for animals do not necessarily reduce their meat consumption—and proposes moral disengagement as a possible explanation.

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