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Brooks Animal Law Digest - Issue No. 46 (August 24, 2020)

  BACK TO DIGEST INDEX

This Week's Spotlights

Case Law Updates - Federal Case Law Updates
Groups Challenge EPA Enforcement Suspension Under ESA
August 18, 2020

The Center for Biological Diversity, Waterkeeper Alliance, and Riverkeeper have filed suit against the Environmental Protection Agency, alleging that the agency’s temporary suspension of enforcement during the coronavirus crisis violated Section 7 of the Endangered Species Act because the agency failed to properly consult the Services with regard to the impacts of the action on endangered and threatened wildlife.

Groups Sue Sunnyside Dairy Over Waste Management
August 18, 2020

Community Association for Restoration of the Environment, Friends of Toppenish Creek, and Center for Food Safety have filed suit against Sunnyside Dairy, alleging the company’s waste management practices violate the Resource Conservation and Recovery Act.

PETA Files Social Media First Amendment Suit Against TAMU President
August 19, 2020

PETA has filed suit against the President of Texas A&M University, alleging that he violated PETA’s First Amendment rights by deleting comments consistent with PETA’s campaign criticizing the university’s canine muscular dystrophy laboratory from its social media pages.

Case Law Updates - State Case Law Updates
Lawsuit Challenges “All Natural” Salmon Claims
August 17, 2020

Organic Consumers Association, represented by Richman Law Group, has filed suit against fish distributors Mowi Ducktrap and Mowi USA, alleging that the company’s claims that the fish used in their products are “all natural” and a product of Maine are deceptive.

Lawsuit Challenges Foie Gras Animal Welfare Claims
August 19, 2020

Organic Consumers Association, represented by Richman Law Group, has filed suit against D’Artagnan, alleging that the company’s claims regarding the ducks used in its products are false and misleading.

Agency Updates
APHIS to Hold Meetings on AWA Standards for Birds
August 20, 2020

The Animal and Plant Health Inspection Service has announced it will hold three virtual public meetings to receive input on topics related to the development of regulations regarding the welfare of birds not bred for use in research. The virtual sessions will be held by webinar on September 29, October 7, and October 15, 2020.

Legislative Updates

Pending State Actions
Pennsylvania Considers Dog Law Commission
August 18, 2020

Pennsylvania Senate Bill 1267 proposes to establish the Dog Law and Puppy Lemon Law Commission, which would be tasked with making recommendations for the expansion of laws related to animal cruelty, dangerous dogs, dog sheltering, dog transportation, pain management in companion animals, and other related issues.

Case Law Updates

Federal Case Law Updates
Groups Challenge EPA Enforcement Suspension Under ESA
August 18, 2020

The Center for Biological Diversity, Waterkeeper Alliance, and Riverkeeper have filed suit against the Environmental Protection Agency, alleging that the agency’s temporary suspension of enforcement during the coronavirus crisis violated Section 7 of the Endangered Species Act because the agency failed to properly consult the Services with regard to the impacts of the action on endangered and threatened wildlife.

Groups Challenge Fish and Wildlife Service’s California Spotted Owl Determination
August 18, 2020

Sierra Forest Legacy, Defenders of Wildlife, and Center for Biological Diversity have filed suit against the Fish and Wildlife Service, challenging the agency’s finding that the California spotted owl does not warrant protection under the Endangered Species Act.

Groups Sue Sunnyside Dairy Over Waste Management
August 18, 2020

Community Association for Restoration of the Environment, Friends of Toppenish Creek, and Center for Food Safety have filed suit against Sunnyside Dairy, alleging the company’s waste management practices violate the Resource Conservation and Recovery Act.

PETA Files Social Media First Amendment Suit Against TAMU President
August 19, 2020

PETA has filed suit against the President of Texas A&M University, alleging that he violated PETA’s First Amendment rights by deleting comments consistent with PETA’s campaign criticizing the university’s canine muscular dystrophy laboratory from its social media pages.

State Case Law Updates
Lawsuit Challenges “All Natural” Salmon Claims
August 17, 2020

Organic Consumers Association, represented by Richman Law Group, has filed suit against fish distributors Mowi Ducktrap and Mowi USA, alleging that the company’s claims that the fish used in their products are “all natural” and a product of Maine are deceptive.

Lawsuit Challenges Foie Gras Animal Welfare Claims
August 19, 2020

Organic Consumers Association, represented by Richman Law Group, has filed suit against D’Artagnan, alleging that the company’s claims regarding the ducks used in its products are false and misleading.

Agency Updates

FWS Proposes to Reclassify Stephens’ Kangaroo Rat from Endangered to Threatened
August 19, 2020

The Fish and Wildlife Service has proposed to reclassify the Stephens’ kangaroo rat from endangered to threatened under the Endangered Species Act. The agency is accepting comments on the proposed rule until October 19, 2020.

NMFS Allows Temporary Deep-Set Longline Fishing in the Southern Exclusion Zone
August 19, 2020

The National Marine Fisheries Service and National Oceanic and Atmospheric Administration have issued a temporary rule reopening the Southern Exclusion Zone to deep-set longline fishing for all vessels registered under the Hawaii longline limited access program.

APHIS to Hold Meetings on AWA Standards for Birds
August 20, 2020

The Animal and Plant Health Inspection Service has announced it will hold three virtual public meetings to receive input on topics related to the development of regulations regarding the welfare of birds not bred for use in research. The virtual sessions will be held by webinar on September 29, October 7, and October 15, 2020.

Academic Updates

Articles
Impact of TNR on Shelter Intake and Euthanasia
August 11, 2020

A new article explores the impact of return-to-field and targeted trap-neuter-return on feline intake and euthanasia at an animal shelter.

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