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Brooks Animal Law Digest - Issue No. 52 (October 5, 2020)

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This Week's Spotlights

Legislative Updates - Pending Federal Actions
Congress Considers Changes to Endangered Species Act
September 28, 2020

Senate Bill 4589, introduced by Republican Senator John Barrasso, proposes to amend the Endangered Species Act in order to include consideration of commercial evidence and promote safe harbor agreements.

Congress Considers Pandemic Risks of Live Animal Markets
September 29, 2020

Senate Bill 4749, introduced by Republican Senator John Cornyn, attempts to address the public health issues posed by live animal markets.

Congress Considers Amending Animal Welfare Act Requirements
September 29, 2020

Senate Bill 4757, introduced by Democrat Senator Richard Durbin, proposes to add additional requirements for licensed dog dealers under the Animal Welfare Act. The full text of the bill is not yet available.

Legislative Updates - Passed State Actions
California Passes Law Requiring Animal Shelters Microchip Cats and Dogs
September 28, 2020

California Governor Gavin Newsom has signed a bill that will mandate local animal control agencies, animal shelters, and animal rescues to microchip any cat or dog who is adopted out or claimed by their guardian. The law will go into effect January 1, 2021.

International Updates
France to Ban Exhibition of Wild Animals
September 29, 2020

France’s minister of ecological transition has announced that the country will ban using captive wildlife for entertainment in circuses or marine parks, as well as, mink farming.

Legislative Updates

Pending Federal Actions
Congress Considers Changes to Endangered Species Act
September 28, 2020

Senate Bill 4589, introduced by Republican Senator John Barrasso, proposes to amend the Endangered Species Act in order to include consideration of commercial evidence and promote safe harbor agreements.

Congress Considers Pandemic Risks of Live Animal Markets
September 29, 2020

Senate Bill 4749, introduced by Republican Senator John Cornyn, attempts to address the public health issues posed by live animal markets.

Congress Considers Amending Animal Welfare Act Requirements
September 29, 2020

Senate Bill 4757, introduced by Democrat Senator Richard Durbin, proposes to add additional requirements for licensed dog dealers under the Animal Welfare Act. The full text of the bill is not yet available.

Passed State Actions
California Passes Law Requiring Animal Shelters Microchip Cats and Dogs
September 28, 2020

California Governor Gavin Newsom has signed a bill that will mandate local animal control agencies, animal shelters, and animal rescues to microchip any cat or dog who is adopted out or claimed by their guardian. The law will go into effect January 1, 2021.

Case Law Updates

Federal Case Law Updates
CBD Challenges FWS Over Protections for Crayfish
October 1, 2020

The Center for Biological Diversity has filed suit against the Fish and Wildlife Center and Secretary Bernhardt, challenging the agency’s failure to make a determination on the listing of the Panama city crayfish under the Endangered Species Act.

Cattle Antitrust Litigation Dismissed
September 28, 2020

A federal judge in Minnesota has granted defendants’ motion to dismiss in a consolidation of several class actions alleging the nation’s largest meat packers conspired to fix the price of cattle.

Agency Updates

FWS Proposes to List Freshwater Mussels Under ESA
September 29, 2020

The Fish and Wildlife Service has proposed to list the longsolid and round hickory nut freshwater mussels as a threatened species with a 4(d) rule under the Endangered Species Act.

Sea Shepherd Petitions NMFS to Ban Fish Imports from New Zealand
September 29, 2020

The National Marine Fisheries Service has announced it has received a supplemental petition from Sea Shepherd requesting that the agency ban imports of fish products from New Zealand that do not satisfy the Marine Mammal Protection Act. The agency is accepting comments on the petition until October 9, 2020.

FWS Designates Critical Habitat and 4(d) Rule for Trispot Darter
September 30, 2020

The Fish and Wildlife Service has issued a final rule designating critical habitat and a final rule adopting a 4(d) rule for the trispot darter under the Endangered Species Act. The rule is effective October 30, 2020.

International Updates

France to Ban Exhibition of Wild Animals
September 29, 2020

France’s minister of ecological transition has announced that the country will ban using captive wildlife for entertainment in circuses or marine parks, as well as, mink farming.

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