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Brooks Animal Law Digest - Issue No. 33 (June 1, 2020)

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This Week's Spotlights

Case Law Updates/Federal Case Law Updates
Tyson Faces Wrongful Death Lawsuit
May 22, 2020

The family of a meatpacking plant worker who died of COVID-19 in Texas has filed suit against Tyson Foods, alleging that she was forced by the company to work during the pandemic without proper protective gear.

9th Circuit Says Climate Suits Do Not Raise Federal Issues
May 26, 2020

The 9th Circuit has held [1, 2] that climate related tort suits are a matter of state, not federal, law. The decision remands claims brought by several California jurisdictions against fossil fuel companies to state court, defeating the companies’ attempt to have the cases addressed in federal court.

Agency Updates
PCRM Petitions FSIS to Require COVID-19 Testing and Disclosure
May 28, 2020

The Physicians Committee for Responsible Medicine has submitted a petition and petition addendum to the Food Safety Inspection Service, requesting that the agency require meat and poultry processors test their products for the presence of COVID-19, disclose to local health authorities and the public the number of workers infected with COVID-19, and include warnings that products have not been “certified virus-free.” FSIS has acknowledged receipt of the petition.

Legislative Updates

Pending State Actions
New York Considers Allowing Agreements Between Agricultural Commissioner and Animal Welfare Organizations
May 28, 2020

New York Assembly Bill A10531 proposes to amend the state’s agriculture and markets law to allow the commissioner to enter into agreements with animal welfare organizations “to support the prevention of, preparedness for, response to, and recovery from emergencies and disasters affecting animals” in the state.

Case Law Updates

Federal Case Law Updates
Groups Challenge Award of Federal Water Contracts to Central Valley Project
May 20, 2020

Three environmental groups have filed suit against the United States Bureau of Reclamation, alleging that the agency’s award of permanent water contracts to Central Valley Project contracts has a negative impact on wildlife and violates the National Environmental Policy Act.

Tyson Faces Wrongful Death Lawsuit
May 22, 2020

The family of a meatpacking plant worker who died of COVID-19 in Texas has filed suit against Tyson Foods, alleging that she was forced by the company to work during the pandemic without proper protective gear.

9th Circuit Says Climate Suits Do Not Raise Federal Issues
May 26, 2020

The 9th Circuit has held [1, 2] that climate related tort suits are a matter of state, not federal, law. The decision remands claims brought by several California jurisdictions against fossil fuel companies to state court, defeating the companies’ attempt to have the cases addressed in federal court.

Groups to Appeal Dismissal of NMFS Necropsy Decision
May 26, 2020

Cetacean experts and animal welfare groups will appeal the dismissal of a federal lawsuit that challenged the National Marine Fisheries Service’s decision not to enforce a permit condition requiring SeaWorld to release the necropsy report of an orca whale named Tilikum.

Agency Updates

PCRM Petitions FSIS to Require COVID-19 Testing and Disclosure
May 28, 2020

The Physicians Committee for Responsible Medicine has submitted a petition and petition addendum to the Food Safety Inspection Service, requesting that the agency require meat and poultry processors test their products for the presence of COVID-19, disclose to local health authorities and the public the number of workers infected with COVID-19, and include warnings that products have not been “certified virus-free.” FSIS has acknowledged receipt of the petition.

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