This Week's Spotlights
Case Law Updates - Federal Case Law Updates
Justice Department Endorses Lawsuit Challenging Prop 12
The United States Justice Department has filed an amicus brief in a case challenging California’s Proposition 12, arguing that the measure regulates extraterritorially, in violation of the Commerce Clause.
Federal Judge Rules White House Must Release CEQ Documents
A Virginia federal judge has ruled that the White House Council on Environmental Quality must release documents related to the agency’s overhaul of the National Environmental Policy Act to the Southern Environmental Law Center.
Agency Updates
FDA Approves Use of Genetically Modified Pigs for Food Use
The Food and Drug Administration has approved an intentional genomic alteration in domesticated pigs to be used for human consumption.
Academic Updates - Articles
Meat Labeling Case Study Suggests Other Measures Needed
A new article, “Can Labelling Create Transformative Food System Change for Human and Planetary health? A Case Study of Meat” by Christine Parker, Rachel Carey, Fiona Haines, and Hope Johnson concludes that labeling is a generally ineffective way to transform the food system and that regulatory governance is required.
Legislative Updates
Pending State Actions
Minnesota Bill Would Allow Hunters to Kill Escaped Deer and Elk
Minnesota House Bill 29 would make it lawful for hunters to kill escaped farmed Cervidae and require the owner of the escaped Cervidae to pay for the carcass to be tested for chronic wasting disease. The bill also includes alterations to required identification of animals and definitions of regulated weapons.
New Jersey Bill Would Require Pet Insurance Notification
New Jersey Assembly Bill 5154 would require pet shops to post information regarding the availability of pet insurance, including on its website, if applicable.
California Considers Waiving Companion Animal Adoption Fees for Active Military
California Assembly Bill 121 would allow current military members, as well as veterans, to adopt dogs and cats without paying an adoption fee.
Case Law Updates
Federal Case Law Updates
Justice Department Endorses Lawsuit Challenging Prop 12
The United States Justice Department has filed an amicus brief in a case challenging California’s Proposition 12, arguing that the measure regulates extraterritorially, in violation of the Commerce Clause.
Groups Sue over Wolverine Protections
Nine groups have filed suit challenging the United States Fish and Wildlife Service’s withdrawal of a proposed rule to list the distinct population segment of the North American wolverine in the contiguous United States as threatened under the Endangered Species Act.
Federal Judge Rules White House Must Release CEQ Documents
A Virginia federal judge has ruled that the White House Council on Environmental Quality must release documents related to the agency’s overhaul of the National Environmental Policy Act to the Southern Environmental Law Center
CBD Challenges Discontinuation of Grizzly Bear Restoration Plan
The Center for Biological Diversity has filed suit challenging the federal government’s decision to cease planning for a grizzly bear restoration plan in the North Cascades ecosystem and preparing an Environmental Impact Statement for the plan.
PETA Granted Fee Sanction Against Roadside Zoo Operator
An Oklahoma federal judge has sanctioned Lauren Lowe, wife of Jeffrey Lowe, for failing to pay attorney fees PETA accrued in a lawsuit against the operator of the roadside zoo featured in the Netflix series Tiger King.
CBD Files Suit to Protect Minnesota Lynx
The Center for Biological Diversity has filed suit against the Minnesota Department of Natural Resources, alleging that the state is not doing enough to stop the trapping and killing of a protected species of lynx.
Agency Updates
FDA Approves Use of Genetically Modified Pigs for Food Use
The Food and Drug Administration has approved an intentional genomic alteration in domesticated pigs to be used for human consumption.
NMFS Seeks Input on Work Plan for Illegal, Unreported, and Unregulated Fishing
The National Marine Fisheries Service is seeking public comments on the Work Plan of the Interagency Working Group on Illegal, Unreported, and Unregulated Fishing. The agency is accepting comments until January 15, 2021.
Agencies Issue Final Rule Defining “Habitat” in Section 4 of ESA
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have issued a final rule adding a definition of habitat to the regulations governing section 4 of the Endangered Species Act. The rule responds to recent Supreme Court precedent and is effective January 15, 2021.
FWS Finds Reclassification of Spotted Owl and Listing of Monarch Butterfly “Warranted but Precluded”
The United States Fish and Wildlife Service has announced that while it is warranted to reclassify the northern spotted owl as endangered and list the monarch butterfly as threatened under the Endangered Species Act, the actions are precluded by higher priority actions of the agency.
FWS Issues Final Rule Governing Exclusion Analysis of Section 4 of ESA
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have issued a final rule setting forth a process for excluding sections of critical habitat under section 4 of the Endangered Species Act. The rule responds to recent Supreme Court precedent and is effective January 19, 2021.
International Updates
Australian Organizations Could Lose Charity Status Due to Farm Trespass
New regulations in Australia would strip groups of their tax-free status if they engage in protests or blockades on private farms.
Academic Updates
Articles
Meat Labeling Case Study Suggests Other Measures Needed
A new article, “Can Labelling Create Transformative Food System Change for Human and Planetary health? A Case Study of Meat” by Christine Parker, Rachel Carey, Fiona Haines, and Hope Johnson concludes that labeling is a generally ineffective way to transform the food system and that regulatory governance is required.