This Week's Spotlights
Case Law Updates - Federal Case Law Updates
Court Dismisses Suit Challenging Tyson “Prime” Pork Claims
A federal judge in Florida has dismissed a lawsuit brought by consumers challenging Tyson’s use of the term “prime” to describe its pork products. The buyers argued that the labeling was false and misleading because the United States Department of Agriculture does not grade pork products as “prime,” the judge concluded that a reasonable consumer would not be misled by the use of the word.
Agency Updates
FWS Seeks Comments on Endangered Species and Marine Mammal Permit Applications
The Fish and Wildlife Service has announced it has received applications for endangered species and marine mammal permits, including requests to move penguins to a zoo in Indiana and import elephants to a zoo in Texas. The agency is accepting comments on these applications until July 27, 2020.
OIG Finds USDA Used Questionable Worker Safety Data
According to the Washington Post, the Office of the Inspector General has concluded the United States Department of Agriculture concealed and altered data in order to promote the new pig inspection system.
Legislative Updates
Passed State Actions
Vermont Governor Signs Bill into Law Regulating Shelter and Care of Livestock
Vermont Governor has signed H. 254 into law, defining adequate constructed and natural shelter for animals kept as livestock, requiring adequate ventilation for animals, and requiring exercise space for horses. The law takes effect on July 1, 2020.
Case Law Updates
Federal Case Law Updates
Three New Lawsuits Challenge WOTUS Rule
Three new lawsuits brought by two different coalitions of environmental groups [1, 2] and a coalition of Native American tribes challenge the Trump administration’s newest Waters of the United States rule that narrows the scope of the Clean Water Act to exclude many wetlands. The rule excludes wetlands that do not have surface water connections to intermittent or perennial streams, streams that only flow during rainfall or snowmelt, and prior converted cropland.
Court Dismisses Suit Challenging Tyson “Prime” Pork Claims
A federal judge in Florida has dismissed a lawsuit brought by consumers challenging Tyson’s use of the term “prime” to describe its pork products. The buyers argued that the labeling was false and misleading because the United States Department of Agriculture does not grade pork products as “prime,” the judge concluded that a reasonable consumer would not be misled by the use of the word.
Agency Updates
FWS Finalizes Critical Habitat for Sonoyta Mud Turtle
The Fish and Wildlife Service has issued a final rule designating 12.28 acres in Arizona as critical habitat for the Sonoyta mud turtle.
FWS Seeks Comments on Endangered Species and Marine Mammal Permit Applications
The Fish and Wildlife Service has announced it has received applications for endangered species and marine mammal permits, including requests to move penguins to a zoo in Indiana and import elephants to a zoo in Texas. The agency is accepting comments on these applications until July 27, 2020.
OIG Finds USDA Used Questionable Worker Safety Data
According to the Washington Post, the Office of the Inspector General has concluded the United States Department of Agriculture concealed and altered data in order to promote the new pig inspection system.
OIG Finds Discrepancies in FSIS Labeling Regulation
The Office of Inspector General’s latest audit of controls over meat, poultry, and egg product labels found that approximately 15% of approved required labels and 18% of approved generic labels were likely inaccurate, incomplete, or unsupported.
Academic Updates
Articles
Article Explores CAFO Regulations
A new article, adapted from a chapter of the forthcoming second edition of the book What Can Animal Law Learn From Environmental Law?, provides suggestions for improving market imbalances between CAFOs and smaller operations and offers suggestions for modifying animal welfare and environmental laws.