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Brooks Animal Law Digest - Issue No. 45 (August 17, 2020)

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This Week's Spotlights

Case Law Updates - Federal Case Law Updates
Federal Judge Vacates Weakened Migratory Bird Protections
August 11, 2020

A New York federal judge has ruled that the Department of the Interior’s 2017 opinion that the Migratory Bird Treaty Act does not allow for criminal prosecution of incidental killing of birds is contrary to law.

USDA Faces Poultry Products Inspection Act Lawsuit Over Humane Handling
August 13, 2020

The Animal Welfare Institute and Farm Sanctuary, represented by the Harvard Animal Law & Policy Clinic, have filed suit against the United States Department of Agriculture, alleging that the agency has failed to require humane handling of birds at slaughter.

International Updates
Mexico City Prohibits Live Animal Markets
August 10, 2020

Mexico City has issued new guidelines that prohibit the sale and exhibition of animals at live markets.

Legislative Updates

Pending State Actions
New Jersey Considers Legislation Approving Court-Appointed Animal Advocates
August 13, 2020

New Jersey Assembly Bill 4533 would allow courts to appoint a separate advocate to represent the interests of the animal at issue in a criminal case involving a nonhuman animal.

New Jersey Considers Legislation Allowing Citizens to Rescue Animals from Hot Cars
August 13, 2020

New Jersey Assembly Bill 4540 proposes to allow individuals acting in good faith to rescue an animal from a motor vehicle when they reasonably believe the animal’s life to be in danger due to heat, cold, inadequate ventilation, or other such circumstances.

Case Law Updates

Federal Case Law Updates
Federal Judge Vacates Weakened Migratory Bird Protections
August 11, 2020

A New York federal judge has ruled that the Department of the Interior’s 2017 opinion that the Migratory Bird Treaty Act does not allow for criminal prosecution of incidental killing of birds is contrary to law.

PCRM Challenges USDA’s Denial of COVID-19 Testing Petition
August 12, 2020

The Physicians Committee for Responsible Medicine has filed suit against the United States Department of Agriculture, challenging the agency’s denial of the organization’s petition requesting testing of COVID-19 at meat and poultry slaughterhouses and the agency’s failure to comply with Freedom of Information Act requests.

USDA Faces Poultry Products Inspection Act Lawsuit Over Humane Handling
August 13, 2020

The Animal Welfare Institute and Farm Sanctuary, represented by the Harvard Animal Law & Policy Clinic, have filed suit against the United States Department of Agriculture, alleging that the agency has failed to require humane handling of birds at slaughter.

State Case Law Updates
New York Attorney General Sues Egg Supplier Over Price Gouging
August 11, 2020

The New York Attorney General has filed suit against Hillandale Farms, alleging that the company illegally schemed to profit off the COVID-19 pandemic.

PETA Files Suit Against Roadside Zoo Over Treatment of Elephants
August 11, 2020

PETA has filed a lawsuit in California against the Monterey Zoological Society and its owner, alleging that the company engages in unlawful business practices when it uses canes to threaten and control elephants kept at the facility.

Agency Updates

NMFS Initiates Status Review of Black Teatfish
August 10, 2020

The National Marine Fisheries Service has announced it is initiating a status review of the black teatfish under the Endangered Species Act and requesting scientific and commercial information regarding the species.

FWS Proposes Cut to Critical Habitat of Northern Spotted Owl
August 11, 2020

The Fish and Wildlife Service has proposed a cut of over 200,000 acres of critical habitat for the northern spotted owl. The agency is accepting comments on the proposed rule until October 13, 2020.

NMFS Initiates Status Review of Southern Right Whale
August 14, 2020

The National Marine Fisheries Service has announced it is initiating a five year review of the southern right whale. The agency is accepting information for assistance with its review until October 13, 2020.

International Updates

Mexico City Prohibits Live Animal Markets
August 10, 2020

Mexico City has issued new guidelines that prohibit the sale and exhibition of animals at live markets.

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