H.R. 8828, the Public Safety and Wildlife Protection Act, proposes a ban on the interstate shipment of steel-jaw leghold and Conibear traps in order to protect wildlife, companion animals, and people.
Issue 63: December 14, 2020
This Week's Spotlights
Legislative Updates - Pending Federal Actions
Legislative Updates - Pending State Actions
Missouri Considers Protecting Animal Enterprises from Local Laws
Missouri Senate Bill 159 would prohibit any jurisdiction from enacting any law that terminates, bans, or effectively bans by creating undue financial hardship the use of “working animals,” defined to include animals used for entertainment, transportation, or exhibition.
Missouri Considers Establishing Animal Abuse Registry
Missouri House Bill 276 would establish an animal abuse registry in the state, and House Bill 222 would establish an animal abuse registry and raises the severity of the crime of animal abuse from a misdemeanor to a felony.
Missouri Considers Preempting Breed Specific Legislation
Missouri House Bill 365 and Senate Bill 107 would prohibit any jurisdiction from regulating dogs in any breed-specific manner.
Case Law Updates - Federal Case Law Updates
Ninth Circuit Revokes Federal Approval of Alaska Drilling Project
The Ninth Circuit has ruled that the Bureau of Ocean Energy and Management erred by using a flawed biological opinion in order to approve an offshore drilling and production facility along Alaska’s northern coast. The biological opinion violated the Endangered Species Act by relying on non-binding mitigation efforts and failing to consider the project’s impact on polar bears.
Agency Updates
USDA Publishes Final Packers and Stockyards Act Rule
The United States Department of Agriculture has published its final rule designating criteria for determining whether an undue or unreasonable advantage has been given under the Packers and Stockyards Act, as required by the 2008 Farm Bill. The rule requires the Secretary to consider whether the preference or advantage in question cannot be justified on the basis of a cost savings related to dealing with other producers, justified on the basis of meeting a competitor’s prices, justified on the basis of meeting other terms offered by a competitor, or justified as a reasonable business decision. The rule is effective January 11, 2021.
Legislative Updates
Pending Federal Actions
Bill Would Prohibit Interstate Shipment of Steel-Jaw Leghold and Conibear Traps
H.R. 8828, the Public Safety and Wildlife Protection Act, proposes a ban on the interstate shipment of steel-jaw leghold and Conibear traps in order to protect wildlife, companion animals, and people.
Pending State Actions
Missouri Considers Protecting Animal Enterprises from Local Laws
Missouri Senate Bill 159 would prohibit any jurisdiction from enacting any law that terminates, bans, or effectively bans by creating undue financial hardship the use of “working animals,” defined to include animals used for entertainment, transportation, or exhibition
Missouri Considers Establishing Animal Abuse Registry
Missouri House Bill 276 would establish an animal abuse registry in the state, and House Bill 222 would establish an animal abuse registry and raises the severity of the crime of animal abuse from a misdemeanor to a felony.
Missouri Considers Changes to Animal Confiscation Laws
Missouri Senate Bill 201 would prohibit any agency from sterilizing a confiscated animal before the completion of a disposition hearing and exempts the owner of the animal from responsibility for the animal’s care while confiscated if the owner is acquitted.
Missouri Considers Change to Feral Swine Laws
Missouri Senate Bill 236 would heighten the crime of releasing feral swine from a misdemeanor to a felony.
Missouri Considers Preempting Breed Specific Legislation
Missouri House Bill 365 and Senate Bill 107 would prohibit any jurisdiction from regulating dogs in any breed-specific manner.
Virginia Considers Dairy Assistance Program
Virginia House Bill 1750 would create the Dairy Producer Margin Coverage Premium Assistance Program in order to assist dairy producers in the state.
Florida Bills Would Regulate Reporting of Animal Cruelty
Florida House Bill 47 and Senate Bill 216 would require veterinarians and other animal treatment employees to report cases of suspected animal cruelty. Florida House Bill 49 and Senate Bill 218 would exempt any such reports from public records requests in order to protect the identity of the reporter.
New Jersey Bill Would Require Drivers to Report Hitting Animals
New Jersey Assembly Bill 5100 would require drivers who knowingly hit, run over, or injure a cat, dog, horse, or cow to make a report to law enforcement. The bill would also make failure to make such a report a disorderly persons offense.
Texas Bill Would Establish Service Animal Certification Program
Texas House Bill 801 would establish a state certification program for service animals that requires assistance animals complete an obedience training course and be evaluated by a veterinarian.
Missouri Considers Tax Credit for Adopting
Missouri House Bill 434 proposes to allow individuals to claim up to two tax credits for companion animal adoptions made during the year.
Case Law Updates
Federal Case Law Updates
Ninth Circuit Revokes Federal Approval of Alaska Drilling Project
The Ninth Circuit has ruled that the Bureau of Ocean Energy and Management erred by using a flawed biological opinion in order to approve an offshore drilling and production facility along Alaska’s northern coast. The biological opinion violated the Endangered Species Act by relying on non-binding mitigation efforts and failing to consider the project’s impact on polar bears.
Groups Challenge FWS Inaction on Northern Spotted Owl
Seven groups have filed suit against the Fish and Wildlife Service, saying that the agency’s failure to decide whether to upgrade the status of the northern spotted owl from threatened to endangered violates the Endangered Species Act.
Dairy Employees Sue Over Unpaid Wages
Employees of Saputo Dairy Foods have filed a proposed collective and class action against the company, alleging that the dairy producer failed to pay them proper regular and overtime wages
Agency Updates
DOT Publishes Final Service Animal Rule
The Department of Transportation has published its final service animal rule, limiting service animals to dogs and allowing airlines to require additional paperwork, impose size limitations, require that service animals be leashed, and limit the number of service animals a person may travel with. The rule will go into effect January 11, 2021.
NMFS Proposes Establishing Nonessential Population of Chinook Salmon
The National Marine Fisheries Service has proposed to designate and authorize the release of a nonessential population of Chinook salmon in California. The agency is accepting comments on the proposed rule until January 11, 2021.
USDA Publishes Final Packers and Stockyards Act Rule
The United States Department of Agriculture has published its final rule designating criteria for determining whether an undue or unreasonable advantage has been given under the Packers and Stockyards Act, as required by the 2008 Farm Bill. The rule requires the Secretary to consider whether the preference or advantage in question cannot be justified on the basis of a cost savings related to dealing with other producers, justified on the basis of meeting a competitor’s prices, justified on the basis of meeting other terms offered by a competitor, or justified as a reasonable business decision. The rule is effective January 11, 2021.
The US Edition of the Animal Law Digest is published weekly with the support of the Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School.