Maine has enacted a law without the governor’s signature that classifies intentional release of balloons as litter. The law contains exclusions for balloons carrying scientific instrumentation, balloons used for meteorological observation by a governmental or scientific organization, and hot air balloons recovered after launching.
Issue 94: July 12, 2021
This Week's Spotlights
Legislative Updates - Passed State Actions
Case Law Updates - State Case Law Updates
Maryland’s Highest Court Caps Non-Economic Damages for Dog Shot by Police
In a suit filed by a Maryland family whose dog was shot and killed by a police officer, a $1.26 million jury award has been reduced to $7,500. In the decision, Maryland’s Court of Appeals held that an existing state law cap applies to all compensatory damages for the tortious death or injury of a companion animal, not just the economic damages expressly listed in the statute. The decision overruled the state Court of Special Appeals and reverses existing precedent set by that court in the 2014 Brooks v. Jenkins case where it previously held that non-economic damages are not bound by the state legislative cap when gross negligence is involved. After the jury determined that the Reeves’ dog was not attacking the officer at the time of the shooting, their original award included $10,000 for trespass to chattel, $1.25 million for gross negligence ($500,000 in economic damages and $750,000 in noneconomic damages), and no damages for the state constitutional claims. The court hinted that had the jury awarded damages for the Reeves’ state constitutional claims, as in Brooks, those may have withstood scrutiny since such damages are intended to compensate persons for violations of their constitutional rights, not the actual loss of property. It should be noted that had the Reeves’ claims been filed under the US Constitution, any damages awarded would not have been bound by Maryland’s legislative cap.
Agency Updates
FWS Proposes Reclassification of Razorback Sucker from Endangered to Threatened with a Section 4(d) Rule
The Fish and Wildlife Service has proposed to reclassify the razorback sucker from endangered to threatened with a section 4(d) rule under the Endangered Species Act. The agency is accepting comments on the proposal until September 7, 2021.
USDA Attempts to Increase Competition Under Biden Executive Order
The USDA has announced a plan to invest $500 million into the meat and poultry industry in order to “fight monopolization and promote competition.” Noting that “just four large meat-packing companies control over 80 percent of the beef market alone,” the funds primarily will be allocated to “expand meat and poultry processing capacity”––with an additional $155 million allocated to support “existing small and very small processing facilities.” The announcement further states that the “USDA is also holding meatpackers accountable by revitalizing the Packers and Stockyards Act, issuing new rules on ‘Product of USA’ labels, and developing plans to expand farmers’ access to new markets.”
Legislative Updates
Passed State Actions
Maine Defines Intentional Balloon Release as Litter
Maine has enacted a law without the governor’s signature that classifies intentional release of balloons as litter. The law contains exclusions for balloons carrying scientific instrumentation, balloons used for meteorological observation by a governmental or scientific organization, and hot air balloons recovered after launching.
Case Law Updates
State Case Law Updates
Maryland’s Highest Court Caps Non-Economic Damages for Dog Shot by Police
In a suit filed by a Maryland family whose dog was shot and killed by a police officer, a $1.26 million jury award has been reduced to $7,500. In the decision, Maryland’s Court of Appeals held that an existing state law cap applies to all compensatory damages for the tortious death or injury of a companion animal, not just the economic damages expressly listed in the statute. The decision overruled the state Court of Special Appeals and reverses existing precedent set by that court in the 2014 Brooks v. Jenkins case where it previously held that non-economic damages are not bound by the state legislative cap when gross negligence is involved. After the jury determined that the Reeves’ dog was not attacking the officer at the time of the shooting, their original award included $10,000 for trespass to chattel, $1.25 million for gross negligence ($500,000 in economic damages and $750,000 in noneconomic damages), and no damages for the state constitutional claims. The court hinted that had the jury awarded damages for the Reeves’ state constitutional claims, as in Brooks, those may have withstood scrutiny since such damages are intended to compensate persons for violations of their constitutional rights, not the actual loss of property. It should be noted that had the Reeves’ claims been filed under the US Constitution, any damages awarded would not have been bound by Maryland’s legislative cap.
Maryland Court Extends Liability Beyond Owner for Injury by Caused by Dog
Overturning a defendant’s motion for judgment, Maryland’s Court of Special Appeals has ruled that a person may be found to be an “owner” of a dog even if someone else’s name is on the adoption papers and that a person may be liable for injuries caused by a dog if a jury finds them to be a “harborer, keeper, or possessor of the dog even if [they] were found not to be an owner.” The case required the court to interpret legislation specifically passed to overturn a 2012 Court of Appeals decision that imposed strict liability on owners and keepers of “pit bulls” and held a landlord liable for damages caused by a tenant’s dog. The 2014 legislation returned the common law to its prior state before the Tracey v. Solesky ruling regarding liability for persons “other than an owner” and, in the instance of personal injury or death caused by a dog, created “a rebuttable presumption that the owner knew or should have known that the dog had vicious or dangerous propensities.” However, the statute failed to define “owner.”
Agency Updates
FWS Proposes Reclassification of Razorback Sucker from Endangered to Threatened with a Section 4(d) Rule
The Fish and Wildlife Service has proposed to reclassify the razorback sucker from endangered to threatened with a section 4(d) rule under the Endangered Species Act. The agency is accepting comments on the proposal until September 7, 2021.
USDA Attempts to Increase Competition Under Biden Executive Order
The USDA has announced a plan to invest $500 million into the meat and poultry industry in order to “fight monopolization and promote competition.” Noting that “just four large meat-packing companies control over 80 percent of the beef market alone,” the funds primarily will be allocated to “expand meat and poultry processing capacity”––with an additional $155 million allocated to support “existing small and very small processing facilities.” The announcement further states that the “USDA is also holding meatpackers accountable by revitalizing the Packers and Stockyards Act, issuing new rules on ‘Product of USA’ labels, and developing plans to expand farmers’ access to new markets.”
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.