New York Governor Kathy Hochul signed Assembly Bill 4075, which prohibits insurers from canceling, refusing to issue or renew, or changing or imposing an increased premium on homeowners’ policy holders solely on the basis of the breed of dog(s) they own.
This Week's Spotlights
Legislative Updates - Passed State Actions
New York Prohibits Insurance Companies from Imposing Breed-Specific Policy Limitations
Maine Voters Approve First-of-its-Kind ‘Right to Food’ Constitutional Amendment
During the state’s November 2 election, more than 60% of Maine voters approved Question 3, the “Right to Produce, Harvest, and Consume Food Amendment.” The state’s new constitutional amendment is the first of its type in the United States and establishes a “natural, inherent, and inalienable right to food” in Maine. While livestock farmers pushed for the ballot initiative, the Maine Potato Board, the Maine Dairy Industry Association, the Maine Veterinary Medical Association, and the Maine Foundation of Humane Societies were among the groups who opposed the initiative due to concerns for unintended food safety and animal welfare consequences of the broadly worded amendment.
During the state’s November 2 election, more than 60% of Maine voters approved Question 3, the “Right to Produce, Harvest, and Consume Food Amendment.” The state’s new constitutional amendment is the first of its type in the United States and establishes a “natural, inherent, and inalienable right to food” in Maine. While livestock farmers pushed for the ballot initiative, the Maine Potato Board, the Maine Dairy Industry Association, the Maine Veterinary Medical Association, and the Maine Foundation of Humane Societies were among the groups who opposed the initiative due to concerns for unintended food safety and animal welfare consequences of the broadly worded amendment.
Case Law Updates - Federal Case Law Updates
Environmental Groups Prevail in Attempt to Halt Logging Project in Critical Wildlife Habitat
The U.S. District Court for the District of Oregon has entered an order enjoining the Forest Service from removing any trees at the site of a logging project in the Willamette National Forest pending the completion of an Environmental Assessment (EA) or Environmental Impact Statement (EIS). The location serves as critical habitat for spotted owls, black bears, cougars, and hundreds of other animal species. Cascade Wildlands, Williamette Riverkeeper, and Forest Service Employees for Environmental Ethics sued the U.S. Forest Service, seeking emergency injunctive relief to halt the project that was scheduled to begin on November 7, 2021. The Forest Service had declared that the proposed project warranted a “categorical exemption” from usual procedures and therefore approved the project without requiring an EA or EIS.
The U.S. District Court for the District of Oregon has entered an order enjoining the Forest Service from removing any trees at the site of a logging project in the Willamette National Forest pending the completion of an Environmental Assessment (EA) or Environmental Impact Statement (EIS). The location serves as critical habitat for spotted owls, black bears, cougars, and hundreds of other animal species. Cascade Wildlands, Williamette Riverkeeper, and Forest Service Employees for Environmental Ethics sued the U.S. Forest Service, seeking emergency injunctive relief to halt the project that was scheduled to begin on November 7, 2021. The Forest Service had declared that the proposed project warranted a “categorical exemption” from usual procedures and therefore approved the project without requiring an EA or EIS.
Legislative Updates
Passed State Actions
New York Prohibits Insurance Companies from Imposing Breed-Specific Policy Limitations
New York Governor Kathy Hochul signed Assembly Bill 4075, which prohibits insurers from canceling, refusing to issue or renew, or changing or imposing an increased premium on homeowners’ policy holders solely on the basis of the breed of dog(s) they own.
New York Governor Kathy Hochul signed Assembly Bill 4075, which prohibits insurers from canceling, refusing to issue or renew, or changing or imposing an increased premium on homeowners’ policy holders solely on the basis of the breed of dog(s) they own.
Maine Voters Approve First-of-its-Kind ‘Right to Food’ Constitutional Amendment
During the state’s November 2 election, more than 60% of Maine voters approved Question 3, the “Right to Produce, Harvest, and Consume Food Amendment.” The state’s new constitutional amendment is the first of its type in the United States and establishes a “natural, inherent, and inalienable right to food” in Maine. While livestock farmers pushed for the ballot initiative, the Maine Potato Board, the Maine Dairy Industry Association, the Maine Veterinary Medical Association, and the Maine Foundation of Humane Societies were among the groups who opposed the initiative due to concerns for unintended food safety and animal welfare consequences of the broadly worded amendment.
During the state’s November 2 election, more than 60% of Maine voters approved Question 3, the “Right to Produce, Harvest, and Consume Food Amendment.” The state’s new constitutional amendment is the first of its type in the United States and establishes a “natural, inherent, and inalienable right to food” in Maine. While livestock farmers pushed for the ballot initiative, the Maine Potato Board, the Maine Dairy Industry Association, the Maine Veterinary Medical Association, and the Maine Foundation of Humane Societies were among the groups who opposed the initiative due to concerns for unintended food safety and animal welfare consequences of the broadly worded amendment.
Pending State Actions
Florida Bill Would Require Municipal Animal Shelters to Keep Adopter Names Confidential
Florida Senate Bill 716 would impose an exemption from state public records disclosure requirements for certain information pertaining to individuals who have adopted an animal from a public shelter. The legislation aims to maintain the privacy of animal adopters and prevent previous owners from attempting to regain possession or ownership following voluntary or non-voluntary relinquishment of the animal.
Florida Senate Bill 716 would impose an exemption from state public records disclosure requirements for certain information pertaining to individuals who have adopted an animal from a public shelter. The legislation aims to maintain the privacy of animal adopters and prevent previous owners from attempting to regain possession or ownership following voluntary or non-voluntary relinquishment of the animal.
Case Law Updates
Federal Case Law Updates
U.S. Supreme Court Vacates Doping Conviction of Pennsylvania Horse Trainer
The Supreme Court of the United States vacated the conviction of a Pennsylvania horse trainer in connection with a doping scandal that has swept the horse racing industry. Federal prosecutors acknowledged that the trainer’s conviction on charges of conspiracy and drug misbranding could not stand if she had merely “administered” the drugs rather than “dispensing” them. The Court remanded the case for further proceedings consistent with its ruling.
The Supreme Court of the United States vacated the conviction of a Pennsylvania horse trainer in connection with a doping scandal that has swept the horse racing industry. Federal prosecutors acknowledged that the trainer’s conviction on charges of conspiracy and drug misbranding could not stand if she had merely “administered” the drugs rather than “dispensing” them. The Court remanded the case for further proceedings consistent with its ruling.
Lawsuit Seeks Endangered Species Act Protection for Rare California Fish
The Center for Biological Diversity sued the U.S. Fish and Wildlife Service under the Endangered Species Act for failing to protect two populations of imperiled speckled dace. CBD argues that FWS failed to make required decisions on protection of populations of the protected fish, which is nearing extinction in the wild.
The Center for Biological Diversity sued the U.S. Fish and Wildlife Service under the Endangered Species Act for failing to protect two populations of imperiled speckled dace. CBD argues that FWS failed to make required decisions on protection of populations of the protected fish, which is nearing extinction in the wild.
Environmental Groups Prevail in Attempt to Halt Logging Project in Critical Wildlife Habitat
The U.S. District Court for the District of Oregon has entered an order enjoining the Forest Service from removing any trees at the site of a logging project in the Willamette National Forest pending the completion of an Environmental Assessment (EA) or Environmental Impact Statement (EIS). The location serves as critical habitat for spotted owls, black bears, cougars, and hundreds of other animal species. Cascade Wildlands, Williamette Riverkeeper, and Forest Service Employees for Environmental Ethics sued the U.S. Forest Service, seeking emergency injunctive relief to halt the project that was scheduled to begin on November 7, 2021. The Forest Service had declared that the proposed project warranted a “categorical exemption” from usual procedures and therefore approved the project without requiring an EA or EIS.
The U.S. District Court for the District of Oregon has entered an order enjoining the Forest Service from removing any trees at the site of a logging project in the Willamette National Forest pending the completion of an Environmental Assessment (EA) or Environmental Impact Statement (EIS). The location serves as critical habitat for spotted owls, black bears, cougars, and hundreds of other animal species. Cascade Wildlands, Williamette Riverkeeper, and Forest Service Employees for Environmental Ethics sued the U.S. Forest Service, seeking emergency injunctive relief to halt the project that was scheduled to begin on November 7, 2021. The Forest Service had declared that the proposed project warranted a “categorical exemption” from usual procedures and therefore approved the project without requiring an EA or EIS.
Agency Updates
California Imposes Temporary Prohibition on Crab Fishing to Protect Whales and Turtles
The California Department of Fish & Wildlife announced a temporary crab trap prohibition and delay in opening the Dungeness crab fishing season due to the presence of protected marine life during recent aerial surveys. The state agency exercised its authority to impose the temporary prohibitions after sightings of humpback whales and leatherback sea turtles were reported.
The California Department of Fish & Wildlife announced a temporary crab trap prohibition and delay in opening the Dungeness crab fishing season due to the presence of protected marine life during recent aerial surveys. The state agency exercised its authority to impose the temporary prohibitions after sightings of humpback whales and leatherback sea turtles were reported.
NMFS Announces Final Rule to Protect Salmon in Alaska
The National Marine Fisheries Service has announced a final rule that incorporates the Cook Inlet (Alaska) Exclusive Economic Zone (EEZ) into the Salmon Fishery Management Plan’s West Area––bringing the Cook Inlet EEZ and the commercial salmon fisheries it contains under federal management by the North Pacific Fishery Management Council and the NMFS. Notably, because there is an existing prohibition on commercial salmon fishing in the Plan’s West Area, the newly-incorporated Cook Inlet area will be subject to the same prohibition when the rule becomes effective on December 3, 2021.
The National Marine Fisheries Service has announced a final rule that incorporates the Cook Inlet (Alaska) Exclusive Economic Zone (EEZ) into the Salmon Fishery Management Plan’s West Area––bringing the Cook Inlet EEZ and the commercial salmon fisheries it contains under federal management by the North Pacific Fishery Management Council and the NMFS. Notably, because there is an existing prohibition on commercial salmon fishing in the Plan’s West Area, the newly-incorporated Cook Inlet area will be subject to the same prohibition when the rule becomes effective on December 3, 2021.
FWS Considers Numerous Permit Applications for the Recovery of Endangered Species
The U.S. Fish & Wildlife Service is considering numerous recovery permit applications that, if granted, would authorize applicants to conduct activities intended to enhance the propagation or survival of red wolves, red-cockaded woodpeckers, silver rice rats, and numerous species of bats, crayfish, butterflies, mussels, sea turtles, fish, and snakes. FWS is accepting public comments through December 3, 2021.
The U.S. Fish & Wildlife Service is considering numerous recovery permit applications that, if granted, would authorize applicants to conduct activities intended to enhance the propagation or survival of red wolves, red-cockaded woodpeckers, silver rice rats, and numerous species of bats, crayfish, butterflies, mussels, sea turtles, fish, and snakes. FWS is accepting public comments through December 3, 2021.
FWS Seeks Input on Recovery Plan for Endangered Invertebrates
The U.S. Fish & Wildlife Service is seeking public input on its draft recovery plan for three species of aquatic invertebrates found in the Diamond Y Spring system of the Chihuahuan Desert of West Texas. The Endangered Species Act requires a recovery plan for all listed species unless implementation of a plan would harm the species. The agency is accepting comments on its draft plan through January 3, 2022.
The U.S. Fish & Wildlife Service is seeking public input on its draft recovery plan for three species of aquatic invertebrates found in the Diamond Y Spring system of the Chihuahuan Desert of West Texas. The Endangered Species Act requires a recovery plan for all listed species unless implementation of a plan would harm the species. The agency is accepting comments on its draft plan through January 3, 2022.
NMFS Announces Recovery Plan for False Killer Whales
The National Marine Fisheries Service announced the adoption of a Final Endangered Species Act Recovery Plan for the Endangered Main Hawaiian Islands Insular False Killer Whale Distinct Population Segment (DPS). The Main Hawaiian Islands Insular DPS is the only population of false killer whales that has protection under the Endangered Species Act (ESA). The ESA requires the adoption of recovery plans that enumerate actions to further the conservation of the species for each listed species, unless a recovery plan would somehow harm the species.
The National Marine Fisheries Service announced the adoption of a Final Endangered Species Act Recovery Plan for the Endangered Main Hawaiian Islands Insular False Killer Whale Distinct Population Segment (DPS). The Main Hawaiian Islands Insular DPS is the only population of false killer whales that has protection under the Endangered Species Act (ESA). The ESA requires the adoption of recovery plans that enumerate actions to further the conservation of the species for each listed species, unless a recovery plan would somehow harm the species.
FSIS Posts Foodborne Illness Outbreak Report for Fiscal Year 2020
The USDA’s Food Safety and Inspection Service has posted its Foodborne Illness Outbreak Investigations Summary Report for fiscal year 2020. The report includes data such as the number of outbreaks, specific pathogens identified, products involved, illnesses, and the number of outbreaks that resulted in product recalls.
The USDA’s Food Safety and Inspection Service has posted its Foodborne Illness Outbreak Investigations Summary Report for fiscal year 2020. The report includes data such as the number of outbreaks, specific pathogens identified, products involved, illnesses, and the number of outbreaks that resulted in product recalls.
FWS Considers Florida Development Project’s Impact on Protected Lizard Species
A construction company has applied to U.S. Fish & Wildlife Service for a permit to take (harm and harass) sand skinks over the course of 5 years during a commercial development project in Lake County, Florida. The U.S Fish & Wildlife Service has made an initial determination that the development of the twenty-four acre parcel, 1.2 acres of which is skink foraging and sheltering habitat, will have a “negligible effect” on the rare lizard and its critical habitat. FWS is accepting public comments through December 6, 2021.
A construction company has applied to U.S. Fish & Wildlife Service for a permit to take (harm and harass) sand skinks over the course of 5 years during a commercial development project in Lake County, Florida. The U.S Fish & Wildlife Service has made an initial determination that the development of the twenty-four acre parcel, 1.2 acres of which is skink foraging and sheltering habitat, will have a “negligible effect” on the rare lizard and its critical habitat. FWS is accepting public comments through December 6, 2021.
FWS Considers Florida Highway Expansion’s Impact on Protected Snakes
The Florida Department of Transportation has applied to U.S. Fish & Wildlife Service for a permit to take (harm and harass) the eastern indigo snake over the course of ten years during construction of a four-lane highway in Citrus County, Florida. FWS has made an initial determination that the construction project will have a “low effect” on the protected snake species and its critical habitat. FWS is accepting public comments through December 6, 2021.
The Florida Department of Transportation has applied to U.S. Fish & Wildlife Service for a permit to take (harm and harass) the eastern indigo snake over the course of ten years during construction of a four-lane highway in Citrus County, Florida. FWS has made an initial determination that the construction project will have a “low effect” on the protected snake species and its critical habitat. FWS is accepting public comments through December 6, 2021.
FWS Seeks Conservation Data on Three Protected Animal Species
The U.S Fish & Wildlife Service is seeking comments to aid the agency in the course of its 5-year review under the Endangered Species Act of the tumbling creek cave snail, winged maple leaf clam, and the rusty patched bumble bee. The agency is accepting comments relating to best available scientific data through January 4, 2022.
The U.S Fish & Wildlife Service is seeking comments to aid the agency in the course of its 5-year review under the Endangered Species Act of the tumbling creek cave snail, winged maple leaf clam, and the rusty patched bumble bee. The agency is accepting comments relating to best available scientific data through January 4, 2022.
FWS Considers Application for Energy Company to Harass Polar Bears
Jade Energy, LLC has applied to U.S. Fish & Wildlife Service for authorization to harass polar bears incidental to oil and gas exploration activities on the North Slope of Alaska between December 1, 2021 and November 30, 2022. FWS has made an initial determination that the drilling and other proposed activities will have a “negligible impact” on the polar bears, but the agency is accepting public comments through December 6, 2021.
Jade Energy, LLC has applied to U.S. Fish & Wildlife Service for authorization to harass polar bears incidental to oil and gas exploration activities on the North Slope of Alaska between December 1, 2021 and November 30, 2022. FWS has made an initial determination that the drilling and other proposed activities will have a “negligible impact” on the polar bears, but the agency is accepting public comments through December 6, 2021.
NMFS Authorizes Incidental Harm and Harassment to Killer Whales and other Cetaceans
The National Marine Fisheries Service has issued a Letter of Authorization (LOA) to Western Geco for the take (harm and harassment) of marine mammals incidental to geophysical survey activity in the Gulf of Mexico between January 1, 2022 and April 30, 2022. The LOA authorizes Western Geco to harm (lethal or nonlethal) and harass eighteen cetacean species, including killer whales, sperm whales, Rice’s whales, Risso’s dolphins, and bottlenose dolphins while using airguns to conduct 3D ocean bottom node surveying. FWS issued the LOA after declaring that the proposed activity would have a “negligible impact” on the affected species.
The National Marine Fisheries Service has issued a Letter of Authorization (LOA) to Western Geco for the take (harm and harassment) of marine mammals incidental to geophysical survey activity in the Gulf of Mexico between January 1, 2022 and April 30, 2022. The LOA authorizes Western Geco to harm (lethal or nonlethal) and harass eighteen cetacean species, including killer whales, sperm whales, Rice’s whales, Risso’s dolphins, and bottlenose dolphins while using airguns to conduct 3D ocean bottom node surveying. FWS issued the LOA after declaring that the proposed activity would have a “negligible impact” on the affected species.
Maine Department of Transportation Seeks Permit to Harass Marine Mammals During Construction Project
The Maine Department of Transportation (MDOT) has applied to the National Marine Fisheries Service (NMFS) for authorization to harass harbor seals, harp seals, gray seals, hooded seals, harbor porpoises, common dolphins, and Atlantic white-sided dolphins during bridge construction in Blue Hill, Maine. MDOT is repairing structural deficiencies in the Falls Bridge and seeks the IHA for anticipated harassment of marine mammals during pile-driving necessary to erect a temporary bridge between July 1, 2022, and June 30, 2023. NMFS is accepting comments through December 6, 2021.
The Maine Department of Transportation (MDOT) has applied to the National Marine Fisheries Service (NMFS) for authorization to harass harbor seals, harp seals, gray seals, hooded seals, harbor porpoises, common dolphins, and Atlantic white-sided dolphins during bridge construction in Blue Hill, Maine. MDOT is repairing structural deficiencies in the Falls Bridge and seeks the IHA for anticipated harassment of marine mammals during pile-driving necessary to erect a temporary bridge between July 1, 2022, and June 30, 2023. NMFS is accepting comments through December 6, 2021.
NMFS Announces Authorization for Harassment of Marine Mammals
The National Marine Fisheries Service has issued an incidental harassment authorization (IHA) to the National Science Foundation—which manages all U.S. research in Antarctica—for potential harm and harassment of seventeen species of cetaceans and pinnipeds during pile driving associated with the Palmer Station Pier Replacement Project in Anvers Island, Antarctica. The affected species include blue whales, humpback whales, killer whales, and Weddell seals. The IHA is effective from October 27, 2021 through October 26, 2022.
The National Marine Fisheries Service has issued an incidental harassment authorization (IHA) to the National Science Foundation—which manages all U.S. research in Antarctica—for potential harm and harassment of seventeen species of cetaceans and pinnipeds during pile driving associated with the Palmer Station Pier Replacement Project in Anvers Island, Antarctica. The affected species include blue whales, humpback whales, killer whales, and Weddell seals. The IHA is effective from October 27, 2021 through October 26, 2022.
Academic Updates
Article Explores Impact of Court’s Recognition of Hippopotamuses as Legal Persons
Olsen, K., For the first time, U.S. court recognizes animals as legal persons, Massachusetts Lawyers Weekly (October 29, 2021).
Olsen, K., For the first time, U.S. court recognizes animals as legal persons, Massachusetts Lawyers Weekly (October 29, 2021).