Case Law Updates
Federal Case Law Updates
North American Meat Institute Sues California Over Prop 12
The North American Meat Institute, a meat industry trade association, has filed suit in district court in California challenging the state’s implementation of Prop 12, a ballot initiative that imposed additional requirements regarding the confinement of animals used in agriculture, including a ban on the sale of products produced not in accordance with the legislation. Plaintiffs claim that the law violates the U.S. Constitution’s Commerce Clause.
Federal Judge Denies Preliminary Injunction for Missouri Labeling Law
A judge in Missouri has declined to issue a preliminary injunction to block a Missouri law that defines what food products may be labeled as “meat” from going into effect before the case is decided. Plaintiffs American Civil Liberties Union, the Good Food Institute, and Turtle Island Foods have appealed the decision.
Union Sues to Stop Pig Slaughter Line Speed Rule
Federal Magistrate Judge Allows Roadside Zoo Lawsuit to Go Forward
A federal judge has said that the aesthetic claims alleged in the Animal Legal Defense Fund’s suit against Farmers’ Inn, a roadside zoo in Pennsylvania, are sufficient to sustain the public nuisance claim.
Chicken Wage-Fixing Suits to be Consolidated
A federal judge has granted former chicken producers’ request that related cases alleging chicken companies fixed employee wages be consolidated. The suits have been brought under the Sherman Antitrust Act.
Endangered Species Act Claim Against FWS and Forest Service to Go Forward
A federal judge has ruled that plaintiffs have standing sufficient to challenge the Fish and Wildlife Service’s and Forest Service’s failure to comply with the Endangered Species Act when approving a Montana mine.
California Bans Use of Exotic Animals in Circuses
California Governor Gavin Newsom has signed a bill into law that prohibits sponsoring, conducting, or operating a circus that uses any animals other than a dog, cat, or horse in the state.
Passed State Actions
California Bans Sale of New Fur Items
California Governor Gavin Newsom has signed a bill into law that bans the sale of new items made from the fur of undomesticated animals (the ban would not apply to antique items and other agricultural products, like leather and sheepskin).
FWS Release Findings that 10 Animal Species Are Not Eligible for Protections Under the ESA
The Fish and Wildlife Service announced that they have found that twelve species are not warranted for listing as endangered or threatened under the Endangered Species Act. The affected species include the Berry Cave salamander, cobblestone tiger beetle, Florida clamshell orchid, longhead darter, Ocala vetch, Panamint alligator lizard, Peaks of Otter salamander, redlips darter, Scott riffle beetle, and southern hognose snake.
NOAA Solicits Comments on Vessel Speed Restriction Information Collection
The National Oceanic and Atmospheric Administration is inviting comments on the continuing collection of information of when a nautical vessel needs to travel at an otherwise prohibited speed to maintain safe maneuverability. The speed restriction is in place to reduce collisions with right whales.
NOAA Proposes New Critical Habitat for Humpback Whales
The National Oceanic and Atmospheric Administration has proposed designating specific marine areas off the coasts of California, Oregon, Washington, and Alaska as critical habitats under the Endangered Species Act for several populations of humpback whales. The comment period closes December 9.
Kirtland’s Warbler No Longer Protected by Endangered Species Act
The Fish and Wildlife Service has finalized a rule that removes the Kirtland’s Warbler, a small songbird, from the list of species protected by the Endangered Species Act as of November 8.
FWS Releases List of Potential Candidates for ESA Listing
The Fish and Wildlife Service has released a list of species it considers candidates to be listed as threatened or endangered under the Endangered Species Act. It is accepting comments on these species at any time.
FSIS Extends Comment Period for CSPI Petition on Nitrate/Nitrite Labeling
The Food Safety and Inspection Service is extending the deadline for submitting comments on a petition it received from the Center for Science in the Public Interest and Consumer Reports that would prohibit labeling products that have been processed using non-synthetic nitrites or nitrates as nitrite or nitrate free. Comments are now due by December 12.
FWS Announces Consideration of Bone Cave Harvestman Delisting
The Fish and Wildlife Service has announced that it will begin a review to determine whether the bone cave harvestman, a spider native to a few counties in Texas, should be delisted from protection under the Endangered Species Act.
NOAA Considers Granting ESA Harassment Permit to Carnival Cruise Lines
The National Oceanic and Atmospheric Administration is considering comments on an application by Carnival for incidental takes under the Endangered Species Act as it constructs new ship facilities in California. The comment period is open until November 12.
APHIS Updates Poultry Plan
The Animal and Plant Health Inspection Service of the United States Department of Agriculture has finalized a rule originally proposed in May that updates standards related to sanitization and disease control.
A new article in Environmental Innovation and Societal Transitions explores the lack of attention by sustainability literature on animal farming and applies a transition framework to an in-depth case study of plant-based eating in the Netherlands. The article concludes that consumers and informal institutions are the drivers of this change.
A new book by Samantha King, Messy Eating : Conversations on Animals as Food, contains interviews with thirteen scholars about the connection between their work and consuming animals as food.