U.S. Representative Madeleine Dean has introduced House Resolution 6477, the “Combatting Wildlife Trafficking Financing and Proceeds Study Act,” which would direct the U.S. Fish & Wildlife Service (FWS) to prepare and submit a comprehensive report on wildlife trafficking financing to Congress within two years. The bill cites reports by the World Bank and others to state that the illegal wildlife trade is estimated to be a $5–23 billion global industry and inflicts over $1 trillion dollars of damage annually. Because a high percentage of wildlife traffickers are also trafficking narcotics or using proceeds to finance terrorism, the bill directs FWS to seek input from domestic, foreign, and multilateral law enforcement agencies, the intelligence community, wildlife advocates, experts in transnational and cybercrimes, NGOs, and academics in the preparation of recommendations to maximize interdisciplinary collaboration and other important steps to combat wildlife trafficking. The bill has been referred to the House Committee on Natural Resources and the Committee on Financial Services.
Issue 122
This Week's Spotlights
Legislative Updates - Pending Federal Actions
Bill Would Require U.S. Fish & Wildlife Service to Prepare Comprehensive Wildlife Trafficking Report
Legislative Updates - Pending State Actions
Florida Bill Would Establish Courtroom Animal Advocate Program
Florida Senate Bill 172 would establish a “courtroom animal advocate program,” requiring the Animal Law Section of the Florida Bar to maintain a list of legal practitioners who are eligible to be appointed as an advocate for the interests of an animal in certain civil and criminal court cases. Advocates would be given access to all aspects of the case and would provide services including information and recommendations to the court as well as animal victim impact statements. At this time, Connecticut and Maine are the only states that have instituted courtroom animal advocate programs. If enacted, the bill would become effective July 1, 2022.
Florida Senate Bill 172 would establish a “courtroom animal advocate program,” requiring the Animal Law Section of the Florida Bar to maintain a list of legal practitioners who are eligible to be appointed as an advocate for the interests of an animal in certain civil and criminal court cases. Advocates would be given access to all aspects of the case and would provide services including information and recommendations to the court as well as animal victim impact statements. At this time, Connecticut and Maine are the only states that have instituted courtroom animal advocate programs. If enacted, the bill would become effective July 1, 2022.
Kansas Bill Would Establish Labeling Requirements for Plant-Based Meat Alternatives
Kansas House Bill 2530 would prohibit the use of identifiable meat terms on labels for plant-based meat alternatives without the use of accompanying qualifying language identifying the product as not containing “meat,” such as: “meatless,” “meat-free,” “vegan,” “veggie,” “vegetarian,” or “vegetable”. The bill has been referred to the House Committee on Agriculture.
Kansas House Bill 2530 would prohibit the use of identifiable meat terms on labels for plant-based meat alternatives without the use of accompanying qualifying language identifying the product as not containing “meat,” such as: “meatless,” “meat-free,” “vegan,” “veggie,” “vegetarian,” or “vegetable”. The bill has been referred to the House Committee on Agriculture.
Maryland Bill Would Prohibit In-State Sales of Certain Exotic and Endangered Species
Maryland Senate Bill 381, cross filed with House Bill 52, would provide an additional legal mechanism for reducing wildlife trafficking and the exotic pet trade by prohibiting in-state sales of “covered animal species” and their parts––defined to include: cheetahs, chimpanzees, elephants, giraffes, gorillas, hippos, jaguars, leopards, lions, mammoths, mastodons, orangutans, pangolins, rhinos, sea turtles, and tigers. Several of the aforementioned species are listed as threatened or endangered under the federal Endangered Species Act, but the federal law only limits transactions across state lines. The Maryland bills would establish civil and criminal penalties including monetary fines, forfeiture, and restitution. If enacted, the Maryland bills would become effective October 1, 2022.
Maryland Senate Bill 381, cross filed with House Bill 52, would provide an additional legal mechanism for reducing wildlife trafficking and the exotic pet trade by prohibiting in-state sales of “covered animal species” and their parts––defined to include: cheetahs, chimpanzees, elephants, giraffes, gorillas, hippos, jaguars, leopards, lions, mammoths, mastodons, orangutans, pangolins, rhinos, sea turtles, and tigers. Several of the aforementioned species are listed as threatened or endangered under the federal Endangered Species Act, but the federal law only limits transactions across state lines. The Maryland bills would establish civil and criminal penalties including monetary fines, forfeiture, and restitution. If enacted, the Maryland bills would become effective October 1, 2022.
Minnesota Bill Would Require the Establishment of Annual Wolf Hunting Season
Minnesota House File 2787 would require the establishment of an annual open season for hunting wolves unless and until wolves are relisted on the federal Endangered Species List. The bill also would require the state to consult with the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service on an annual basis to share data about wolf depredation on livestock.
Minnesota House File 2787 would require the establishment of an annual open season for hunting wolves unless and until wolves are relisted on the federal Endangered Species List. The bill also would require the state to consult with the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service on an annual basis to share data about wolf depredation on livestock.
California Bill Would Ban Toxicology Experiments on Dogs and Cats
California Senate Bill 879 would prohibit a contract testing facility from conducting toxicology experiments on dogs and cats unless expressly required for FDA or EPA compliance. The bill would authorize the Attorney General, or the District Attorney or City Attorney in the locality where the violation is taking place, to bring a civil action for $5,000 per day that a violation is taking place. The bill has been referred to the Senate Rules Committee.
California Senate Bill 879 would prohibit a contract testing facility from conducting toxicology experiments on dogs and cats unless expressly required for FDA or EPA compliance. The bill would authorize the Attorney General, or the District Attorney or City Attorney in the locality where the violation is taking place, to bring a civil action for $5,000 per day that a violation is taking place. The bill has been referred to the Senate Rules Committee.
Hawaii Bill Would Require Elimination of Feral Cat Population on Three Islands
Hawaii House Bill 1987, citing the apparent threat that feral cats pose to Hawaii’s population of endangered species, would require the Department of Land and Natural Resources to count the total population of feral cats by June 30, 2023 and direct the Invasive Species Council to develop a program to reduce the feral cat population in Hawaii by December 31, 2025. The bill would require total elimination of feral cats on Kauai, Maui, and Hawaii and a reduction of the feral cat population on Oahu by 50% by the December 31, 2025 target deadline. The bill is one of several bills introduced this session to reduce feral populations of wild and domestic animals.
Hawaii House Bill 1987, citing the apparent threat that feral cats pose to Hawaii’s population of endangered species, would require the Department of Land and Natural Resources to count the total population of feral cats by June 30, 2023 and direct the Invasive Species Council to develop a program to reduce the feral cat population in Hawaii by December 31, 2025. The bill would require total elimination of feral cats on Kauai, Maui, and Hawaii and a reduction of the feral cat population on Oahu by 50% by the December 31, 2025 target deadline. The bill is one of several bills introduced this session to reduce feral populations of wild and domestic animals.
South Dakota Bill Would Establish Worker Safety Requirements and Rights for Meatpacking Employees
South Dakota Senate Bill 145 would establish protections and workplace safety requirements for meat and poultry processing workers. The bill would direct the South Dakota Secretary of the Department of Labor and Regulation to appoint a meatpacking industry worker rights coordinator who must be allowed access to processing facilities whenever workers are present. The bill also provides that workers have the right to refuse to work under conditions that they reasonably believe would create an unreasonable risk of illness or injury to themselves, their coworkers, or the public. The bill would prohibit employers from discriminating against workers who exercise their meatpacking workplace safety rights. The bill has been referred to the Senate Committee on Commerce and Energy.
South Dakota Senate Bill 145 would establish protections and workplace safety requirements for meat and poultry processing workers. The bill would direct the South Dakota Secretary of the Department of Labor and Regulation to appoint a meatpacking industry worker rights coordinator who must be allowed access to processing facilities whenever workers are present. The bill also provides that workers have the right to refuse to work under conditions that they reasonably believe would create an unreasonable risk of illness or injury to themselves, their coworkers, or the public. The bill would prohibit employers from discriminating against workers who exercise their meatpacking workplace safety rights. The bill has been referred to the Senate Committee on Commerce and Energy.
Case Law Updates - Federal Case Law Updates
Supreme Court to Hear Clean Water Act Case
The Supreme Court has announced that it will take a case challenging the Environmental Protection Agency’s interpretation of the Clean Water Act, specifically the so-called “WOTUS,” or Waters of the United States rule, likely severely limiting the scope of the statute.
The Supreme Court has announced that it will take a case challenging the Environmental Protection Agency’s interpretation of the Clean Water Act, specifically the so-called “WOTUS,” or Waters of the United States rule, likely severely limiting the scope of the statute.
‘Tiger King’ Joe Exotic Resentenced to Twenty-One Years in Federal Prison
Joseph Schreibvogel Maldonado Passage, better known as “Joe Exotic,” was resentenced to twenty-one years in prison, a one-year reduction of his original twenty-two-year sentence for criminal violations of the Lacey Act, the Endangered Species Act, and two counts of murder-for-hire. The resentencing hearing came following a July 14, 2021 order by a panel of 10th Circuit Court of Appeals judges who found that the trial court should have sentenced the defendant’s multiple murder-for-hire convictions concurrently since they constituted one, continuous harm. There is no parole in the federal system, and the federal Sentencing Reform Act requires all federal convicts to serve at least 85% of their sentence.
Joseph Schreibvogel Maldonado Passage, better known as “Joe Exotic,” was resentenced to twenty-one years in prison, a one-year reduction of his original twenty-two-year sentence for criminal violations of the Lacey Act, the Endangered Species Act, and two counts of murder-for-hire. The resentencing hearing came following a July 14, 2021 order by a panel of 10th Circuit Court of Appeals judges who found that the trial court should have sentenced the defendant’s multiple murder-for-hire convictions concurrently since they constituted one, continuous harm. There is no parole in the federal system, and the federal Sentencing Reform Act requires all federal convicts to serve at least 85% of their sentence.
Case Law Updates - State Case Law Updates
California Judge Delays Enforcement of Proposition 12 Pork Sale Requirements Against Retailers
A California Superior Court judge has said that the California Department of Food and Agriculture (CDFA) cannot enforce Proposition 12’s whole pork sale requirements against grocers and other retailers until 180 days after the agency establishes final regulations for such sales. Proposition 12 was passed overwhelmingly by voters in 2018 to increase minimum confinement standards for egg-laying hens, calves raised for veal, and breeding pigs––banning both the in-state production and sale of products that do not comply with the standards as of January 1, 2022. Petitioners had sought a 28-month postponement of the law’s enforcement, which the court rejected. The ruling also does not apply to Proposition 12’s egg or veal product restrictions. The CDFA director of public affairs stated, “It should be noted that the judge’s ruling is a narrow one that applies only to retailers, including grocers, and not to pork producers providing pork products to California. Pork producers and suppliers remain subject to enforcement if they violate the square-footage requirement that went into effect on Jan. 1.”
A California Superior Court judge has said that the California Department of Food and Agriculture (CDFA) cannot enforce Proposition 12’s whole pork sale requirements against grocers and other retailers until 180 days after the agency establishes final regulations for such sales. Proposition 12 was passed overwhelmingly by voters in 2018 to increase minimum confinement standards for egg-laying hens, calves raised for veal, and breeding pigs––banning both the in-state production and sale of products that do not comply with the standards as of January 1, 2022. Petitioners had sought a 28-month postponement of the law’s enforcement, which the court rejected. The ruling also does not apply to Proposition 12’s egg or veal product restrictions. The CDFA director of public affairs stated, “It should be noted that the judge’s ruling is a narrow one that applies only to retailers, including grocers, and not to pork producers providing pork products to California. Pork producers and suppliers remain subject to enforcement if they violate the square-footage requirement that went into effect on Jan. 1.”
Legislative Updates
Pending Federal Actions
Bill Would Authorize Monument to Honor Service Animals and Their Handlers
Senate Bill 3447, the “National Service Animals Memorial Act,” would authorize the erection of a monument in the District of Columbia to commemorate the “heroic deeds and sacrifices” of service animals and their handlers in the United States. The bill is sponsored by U.S. Senators Richard Blumenthal and Marsha Blackburn and has been referred to the Senate Committee on Energy and Natural Resources.
Senate Bill 3447, the “National Service Animals Memorial Act,” would authorize the erection of a monument in the District of Columbia to commemorate the “heroic deeds and sacrifices” of service animals and their handlers in the United States. The bill is sponsored by U.S. Senators Richard Blumenthal and Marsha Blackburn and has been referred to the Senate Committee on Energy and Natural Resources.
Bill Would Require U.S. Fish & Wildlife Service to Prepare Comprehensive Wildlife Trafficking Report
U.S. Representative Madeleine Dean has introduced House Resolution 6477, the “Combatting Wildlife Trafficking Financing and Proceeds Study Act,” which would direct the U.S. Fish & Wildlife Service (FWS) to prepare and submit a comprehensive report on wildlife trafficking financing to Congress within two years. The bill cites reports by the World Bank and others to state that the illegal wildlife trade is estimated to be a $5–23 billion global industry and inflicts over $1 trillion dollars of damage annually. Because a high percentage of wildlife traffickers are also trafficking narcotics or using proceeds to finance terrorism, the bill directs FWS to seek input from domestic, foreign, and multilateral law enforcement agencies, the intelligence community, wildlife advocates, experts in transnational and cybercrimes, NGOs, and academics in the preparation of recommendations to maximize interdisciplinary collaboration and other important steps to combat wildlife trafficking. The bill has been referred to the House Committee on Natural Resources and the Committee on Financial Services.
U.S. Representative Madeleine Dean has introduced House Resolution 6477, the “Combatting Wildlife Trafficking Financing and Proceeds Study Act,” which would direct the U.S. Fish & Wildlife Service (FWS) to prepare and submit a comprehensive report on wildlife trafficking financing to Congress within two years. The bill cites reports by the World Bank and others to state that the illegal wildlife trade is estimated to be a $5–23 billion global industry and inflicts over $1 trillion dollars of damage annually. Because a high percentage of wildlife traffickers are also trafficking narcotics or using proceeds to finance terrorism, the bill directs FWS to seek input from domestic, foreign, and multilateral law enforcement agencies, the intelligence community, wildlife advocates, experts in transnational and cybercrimes, NGOs, and academics in the preparation of recommendations to maximize interdisciplinary collaboration and other important steps to combat wildlife trafficking. The bill has been referred to the House Committee on Natural Resources and the Committee on Financial Services.
Pending State Actions
Florida Bill Would Establish Courtroom Animal Advocate Program
Florida Senate Bill 172 would establish a “courtroom animal advocate program,” requiring the Animal Law Section of the Florida Bar to maintain a list of legal practitioners who are eligible to be appointed as an advocate for the interests of an animal in certain civil and criminal court cases. Advocates would be given access to all aspects of the case and would provide services including information and recommendations to the court as well as animal victim impact statements. At this time, Connecticut and Maine are the only states that have instituted courtroom animal advocate programs. If enacted, the bill would become effective July 1, 2022.
Florida Senate Bill 172 would establish a “courtroom animal advocate program,” requiring the Animal Law Section of the Florida Bar to maintain a list of legal practitioners who are eligible to be appointed as an advocate for the interests of an animal in certain civil and criminal court cases. Advocates would be given access to all aspects of the case and would provide services including information and recommendations to the court as well as animal victim impact statements. At this time, Connecticut and Maine are the only states that have instituted courtroom animal advocate programs. If enacted, the bill would become effective July 1, 2022.
Arizona Bill Would Mandate Microchip Scanning for All Impounded and Deceased Animals
Arizona House Bill 2626 would require municipalities to thoroughly scan animals for a microchip when they are impounded or found deceased in public places. The bill also would require the city to make a “reasonable effort” to contact owners and alert them about their pet’s circumstances.
Arizona House Bill 2626 would require municipalities to thoroughly scan animals for a microchip when they are impounded or found deceased in public places. The bill also would require the city to make a “reasonable effort” to contact owners and alert them about their pet’s circumstances.
Arizona Bill Would Require Pollutant Monitoring and Warning Program
Arizona House Bill 2628 would require the Arizona Department of Environmental Quality to establish a monitoring and assessment program for evaluating pollutants that could pose a risk to human health, ecosystems, and fish. The program would require assessment of the health risks associated with consuming sport-hunted fish as well as the issuance of appropriate health warnings and advisories where contamination has been detected.
Arizona House Bill 2628 would require the Arizona Department of Environmental Quality to establish a monitoring and assessment program for evaluating pollutants that could pose a risk to human health, ecosystems, and fish. The program would require assessment of the health risks associated with consuming sport-hunted fish as well as the issuance of appropriate health warnings and advisories where contamination has been detected.
Arizona Bill Would Prohibit Certain Animal Cruelty Offenders from Contact with Animals
Arizona House Bill 2372 would amend the state’s cruelty to animals statute by prohibiting individuals who are charged with certain animal-related crimes from owning or having contact with any animal unless the animal is their personal service animal as a condition of their bail or release on their recognizance.
Arizona House Bill 2372 would amend the state’s cruelty to animals statute by prohibiting individuals who are charged with certain animal-related crimes from owning or having contact with any animal unless the animal is their personal service animal as a condition of their bail or release on their recognizance.
Hawaii Considers Establishing Standards for Proposed Activities that May Impact Endangered or Threatened Species
Hawaii House Bill 1979, cross filed with Senate Bill 3014, would require all individuals who propose to engage in an activity with a probability of incidental harm or harassment of an endangered or threatened species to enter into a planning process, including preparation of a Habitat Conservation Plan, with the Hawaii Department of Land and Natural Resources. The proposal would be subject to a public comment period and would establish standards for plan approval.
Hawaii House Bill 1979, cross filed with Senate Bill 3014, would require all individuals who propose to engage in an activity with a probability of incidental harm or harassment of an endangered or threatened species to enter into a planning process, including preparation of a Habitat Conservation Plan, with the Hawaii Department of Land and Natural Resources. The proposal would be subject to a public comment period and would establish standards for plan approval.
Hawaii Bill Would Require State Agencies to Develop Management Plan for Non-Native, Feral Animals
Hawaii House Bill 1721 would require the Hawaii Department of Land and Natural Resources and the Department of Agriculture to collaborate on the development of a management plan for feral animals, including wild pigs, axis deer, and certain non-native bird species. The bills stated goal is reducing the negative impacts on indigenous species of wildlife and plants, and minimizing disease and starvation among the feral animal populations. The bill would require the two state agencies to submit their findings to the legislature prior to the 2023 legislative session.
Hawaii House Bill 1721 would require the Hawaii Department of Land and Natural Resources and the Department of Agriculture to collaborate on the development of a management plan for feral animals, including wild pigs, axis deer, and certain non-native bird species. The bills stated goal is reducing the negative impacts on indigenous species of wildlife and plants, and minimizing disease and starvation among the feral animal populations. The bill would require the two state agencies to submit their findings to the legislature prior to the 2023 legislative session.
Hawaii Bill Would Direct State Agency to Eradicate Feral Chickens and Roosters
Hawaii House Bill 1845 would create a fund for the Hawaii Department of Natural Resources to use to eradicate the islands of feral roosters and chickens on state lands. If enacted, the new law would take effect July 1, 2022.
Hawaii House Bill 1845 would create a fund for the Hawaii Department of Natural Resources to use to eradicate the islands of feral roosters and chickens on state lands. If enacted, the new law would take effect July 1, 2022.
Hawaii Bill Would Fund Switch to Bidets to Mitigate Deforestation and Ocean Pollution
Hawaii House Bill 1906 would appropriate funds for the installation of bidets at the State Capitol as an alternative to toilet paper to combat deforestation and reduce the negative impacts of chlorine-treated toilet paper on marine life. The switch from traditional toilets to bidets is part of Hawaii’s commitment to the United Nations to establish itself as a “sustainability hub.”
Hawaii House Bill 1906 would appropriate funds for the installation of bidets at the State Capitol as an alternative to toilet paper to combat deforestation and reduce the negative impacts of chlorine-treated toilet paper on marine life. The switch from traditional toilets to bidets is part of Hawaii’s commitment to the United Nations to establish itself as a “sustainability hub.”
Hawaii Bill Would Establish Immunity for Individuals Who Rescue Animals from Vehicles if the Animal Appears to be in Danger
Hawaii House Bill 1715 would create immunity from civil and criminal liability for individuals and animal control officers who forcibly remove animals from vehicles when they have a good faith belief that the animal is in danger. Under this provision, private citizens who remove animals from vehicles would be required to contact emergency services immediately and stay with the animal until responders arrive at the scene. If enacted, the bill would become effective immediately.
Hawaii House Bill 1715 would create immunity from civil and criminal liability for individuals and animal control officers who forcibly remove animals from vehicles when they have a good faith belief that the animal is in danger. Under this provision, private citizens who remove animals from vehicles would be required to contact emergency services immediately and stay with the animal until responders arrive at the scene. If enacted, the bill would become effective immediately.
Hawaii Bill Would Legalize Direct-to-Consumer Sales of Raw Milk
Hawaii House Bill 2028 would make it legal for famers to sell raw, unpasteurized milk directly to consumers. If enacted, the bill would take effect immediately.
Hawaii House Bill 2028 would make it legal for famers to sell raw, unpasteurized milk directly to consumers. If enacted, the bill would take effect immediately.
Hawaii Bill Would Mandate Disclaimer about Emotional Support Animals
Hawaii House Bill 1944 aims to further reduce misuse of service animal benefits by requiring individuals who sell animals for use as emotional support animals to provide a written disclaimer to buyers that emotional support animals are not service animals and may not be represented as such. Sellers who do not provide such disclaimers would be subject to civil penalties ranging from $100-$500.
Hawaii House Bill 1944 aims to further reduce misuse of service animal benefits by requiring individuals who sell animals for use as emotional support animals to provide a written disclaimer to buyers that emotional support animals are not service animals and may not be represented as such. Sellers who do not provide such disclaimers would be subject to civil penalties ranging from $100-$500.
Hawaii Bill Aims to Reduce Illegal Interactions with Indigenous Wildlife by Tourists
Hawaii Senate Bill 2208 would address tourist interference with indigenous endangered species by requiring all aircraft passengers entering Hawaii to sign a “Promise to Preserve and Protect Hawaii’s Environment” and would require airlines to play a public service announcement to educate visitors about compliance with state wildlife laws before landing.
Hawaii Senate Bill 2208 would address tourist interference with indigenous endangered species by requiring all aircraft passengers entering Hawaii to sign a “Promise to Preserve and Protect Hawaii’s Environment” and would require airlines to play a public service announcement to educate visitors about compliance with state wildlife laws before landing.
Illinois Bill Would Exempt Some Farmers from Health Department Licensure
Illinois Senate Bill 3838 would exempt farmers who sell meat, poultry, eggs, and dairy products directly from their farming premises from health department licensure. The bill also would establish requirements for Farmer’s Market Retail Permits.
Illinois Senate Bill 3838 would exempt farmers who sell meat, poultry, eggs, and dairy products directly from their farming premises from health department licensure. The bill also would establish requirements for Farmer’s Market Retail Permits.
Iowa Bill Aims to Reduce Abuse of Service Animal Accommodations
Iowa Senate File 2093, which pertains to service animal housing accommodations, would allow housing providers to deny housing accommodation requests for assistance animals who “pose a direct threat to the health or safety of others,” make it a crime to knowingly or intentionally misrepresent an animal as an assistance or service animal, and establish specific requirements for supporting documentation for service animal housing accommodations.
Iowa Senate File 2093, which pertains to service animal housing accommodations, would allow housing providers to deny housing accommodation requests for assistance animals who “pose a direct threat to the health or safety of others,” make it a crime to knowingly or intentionally misrepresent an animal as an assistance or service animal, and establish specific requirements for supporting documentation for service animal housing accommodations.
Kansas Bill Would Establish Labeling Requirements for Plant-Based Meat Alternatives
Kansas House Bill 2530 would prohibit the use of identifiable meat terms on labels for plant-based meat alternatives without the use of accompanying qualifying language identifying the product as not containing “meat,” such as: “meatless,” “meat-free,” “vegan,” “veggie,” “vegetarian,” or “vegetable”. The bill has been referred to the House Committee on Agriculture.
Kansas House Bill 2530 would prohibit the use of identifiable meat terms on labels for plant-based meat alternatives without the use of accompanying qualifying language identifying the product as not containing “meat,” such as: “meatless,” “meat-free,” “vegan,” “veggie,” “vegetarian,” or “vegetable”. The bill has been referred to the House Committee on Agriculture.
Maryland Bill Would Prohibit In-State Sales of Certain Exotic and Endangered Species
Maryland Senate Bill 381, cross filed with House Bill 52, would provide an additional legal mechanism for reducing wildlife trafficking and the exotic pet trade by prohibiting in-state sales of “covered animal species” and their parts––defined to include: cheetahs, chimpanzees, elephants, giraffes, gorillas, hippos, jaguars, leopards, lions, mammoths, mastodons, orangutans, pangolins, rhinos, sea turtles, and tigers. Several of the aforementioned species are listed as threatened or endangered under the federal Endangered Species Act, but the federal law only limits transactions across state lines. The Maryland bills would establish civil and criminal penalties including monetary fines, forfeiture, and restitution. If enacted, the Maryland bills would become effective October 1, 2022.
Maryland Senate Bill 381, cross filed with House Bill 52, would provide an additional legal mechanism for reducing wildlife trafficking and the exotic pet trade by prohibiting in-state sales of “covered animal species” and their parts––defined to include: cheetahs, chimpanzees, elephants, giraffes, gorillas, hippos, jaguars, leopards, lions, mammoths, mastodons, orangutans, pangolins, rhinos, sea turtles, and tigers. Several of the aforementioned species are listed as threatened or endangered under the federal Endangered Species Act, but the federal law only limits transactions across state lines. The Maryland bills would establish civil and criminal penalties including monetary fines, forfeiture, and restitution. If enacted, the Maryland bills would become effective October 1, 2022.
Minnesota Bill Would Require the Establishment of Annual Wolf Hunting Season
Minnesota House File 2787 would require the establishment of an annual open season for hunting wolves unless and until wolves are relisted on the federal Endangered Species List. The bill also would require the state to consult with the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service on an annual basis to share data about wolf depredation on livestock.
Minnesota House File 2787 would require the establishment of an annual open season for hunting wolves unless and until wolves are relisted on the federal Endangered Species List. The bill also would require the state to consult with the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service on an annual basis to share data about wolf depredation on livestock.
Oklahoma Bill Would Clarify Rules for Lawful Hunting on State Wildlife Refuges
Oklahoma Senate Bill 1745 would prohibit entry into state wildlife refuges or wildlife management areas with dogs, guns, or bows unless the Oklahoma Department of Wildlife Conservation Commission or the Tourism and Recreation Commission have made an exception. Individuals entering a state wildlife refuge or wildlife management area for purposes of hunting or killing wildlife would be required to first contact the Oklahoma Department of Wildlife Conservation. Violators would be subject to monetary penalties up to $1,000. If enacted, the bill would become law on November 1, 2022.
Oklahoma Senate Bill 1745 would prohibit entry into state wildlife refuges or wildlife management areas with dogs, guns, or bows unless the Oklahoma Department of Wildlife Conservation Commission or the Tourism and Recreation Commission have made an exception. Individuals entering a state wildlife refuge or wildlife management area for purposes of hunting or killing wildlife would be required to first contact the Oklahoma Department of Wildlife Conservation. Violators would be subject to monetary penalties up to $1,000. If enacted, the bill would become law on November 1, 2022.
Tennessee Bill Would Enhance Penalties for Certain Cockfighting-Related Crimes
Tennessee House Bill 1911 would elevate certain cockfighting-related crimes to felonies and establish attendance at a cockfight as a misdemeanor carrying a monetary penalty of $1,000–$2,500. The bill has been referred to the House Committee on Criminal Justice and would become enforceable on July 1, 2022.
Tennessee House Bill 1911 would elevate certain cockfighting-related crimes to felonies and establish attendance at a cockfight as a misdemeanor carrying a monetary penalty of $1,000–$2,500. The bill has been referred to the House Committee on Criminal Justice and would become enforceable on July 1, 2022.
Wyoming Bill Would Update Administrative Rules Relating to Big Game Trophy Hunting
Wyoming House Bill 43 proposes to refine existing licensing rules and limitations for hunting bighorn sheep, grizzly bears, wild bison, moose, and mountain goats. It would direct the Wyoming Game and Fish Commission to promulgate rules to implement the bill’s intent by January 1, 2023.
Wyoming House Bill 43 proposes to refine existing licensing rules and limitations for hunting bighorn sheep, grizzly bears, wild bison, moose, and mountain goats. It would direct the Wyoming Game and Fish Commission to promulgate rules to implement the bill’s intent by January 1, 2023.
Georgia Bill Would Establish Exceptions for State Rabies Vaccination Requirement
Georgia House Bill 1000 would exempt dogs and cats from the state’s rabies vaccine requirement if a veterinarian has, in writing, determined that the vaccine would compromise the animal’s health.
Georgia House Bill 1000 would exempt dogs and cats from the state’s rabies vaccine requirement if a veterinarian has, in writing, determined that the vaccine would compromise the animal’s health.
Illinois Bill Would Fine Individuals for Driving with an Animal in their Lap
Illinois House Bill 4849 would amend the Illinois Vehicle Code to prohibit drivers from keeping an animal in their lap while operating a motor vehicle and establish a petty offense fine of $50 for violations. The bill specifies that violations would not serve as a basis for law enforcement officers to conduct a lawful search of the driver or the car. The bill has been referred to the House Rules Committee.
Illinois House Bill 4849 would amend the Illinois Vehicle Code to prohibit drivers from keeping an animal in their lap while operating a motor vehicle and establish a petty offense fine of $50 for violations. The bill specifies that violations would not serve as a basis for law enforcement officers to conduct a lawful search of the driver or the car. The bill has been referred to the House Rules Committee.
Rhode Island Bill Would Establish Confiscation Procedures for Law Enforcement Officers Who Find Animals Unlawfully Confined in Vehicles
Rhode Island Senate Bill 2121 would amend the state’s cruelty to animals code by authorizing a law enforcement officer, firefighter, or animal control officer to take possession “by any reasonable means necessary” of an animal they find unlawfully confined in a motor vehicle. The officer may hold the animal for up to seventy-two hours pending arraignment of individuals charged with violating the prohibition on keeping animals in cars in extreme heat, cold, or without adequate ventilation, water, or food. A judge may order the owner to pay medical costs, fees, and other charges and may also order the owner to permanently surrender the animal.
Rhode Island Senate Bill 2121 would amend the state’s cruelty to animals code by authorizing a law enforcement officer, firefighter, or animal control officer to take possession “by any reasonable means necessary” of an animal they find unlawfully confined in a motor vehicle. The officer may hold the animal for up to seventy-two hours pending arraignment of individuals charged with violating the prohibition on keeping animals in cars in extreme heat, cold, or without adequate ventilation, water, or food. A judge may order the owner to pay medical costs, fees, and other charges and may also order the owner to permanently surrender the animal.
California Bill Would Ban Toxicology Experiments on Dogs and Cats
California Senate Bill 879 would prohibit a contract testing facility from conducting toxicology experiments on dogs and cats unless expressly required for FDA or EPA compliance. The bill would authorize the Attorney General, or the District Attorney or City Attorney in the locality where the violation is taking place, to bring a civil action for $5,000 per day that a violation is taking place. The bill has been referred to the Senate Rules Committee.
California Senate Bill 879 would prohibit a contract testing facility from conducting toxicology experiments on dogs and cats unless expressly required for FDA or EPA compliance. The bill would authorize the Attorney General, or the District Attorney or City Attorney in the locality where the violation is taking place, to bring a civil action for $5,000 per day that a violation is taking place. The bill has been referred to the Senate Rules Committee.
Hawaii Bill Would Require Elimination of Feral Cat Population on Three Islands
Hawaii House Bill 1987, citing the apparent threat that feral cats pose to Hawaii’s population of endangered species, would require the Department of Land and Natural Resources to count the total population of feral cats by June 30, 2023 and direct the Invasive Species Council to develop a program to reduce the feral cat population in Hawaii by December 31, 2025. The bill would require total elimination of feral cats on Kauai, Maui, and Hawaii and a reduction of the feral cat population on Oahu by 50% by the December 31, 2025 target deadline. The bill is one of several bills introduced this session to reduce feral populations of wild and domestic animals.
Hawaii House Bill 1987, citing the apparent threat that feral cats pose to Hawaii’s population of endangered species, would require the Department of Land and Natural Resources to count the total population of feral cats by June 30, 2023 and direct the Invasive Species Council to develop a program to reduce the feral cat population in Hawaii by December 31, 2025. The bill would require total elimination of feral cats on Kauai, Maui, and Hawaii and a reduction of the feral cat population on Oahu by 50% by the December 31, 2025 target deadline. The bill is one of several bills introduced this session to reduce feral populations of wild and domestic animals.
Hawaii Bill Would Broaden Definition of Assistance Animal for Purposes of Fair Housing Law Application
Hawaii House Bill 2271 would amend the state’s fair housing laws by defining “assistance animal” more broadly to include trained service animals and emotional support animals. The bill also clarifies the type of verification a person with a disability must provide to request an assistance animal as a reasonable housing accommodation.
Hawaii House Bill 2271 would amend the state’s fair housing laws by defining “assistance animal” more broadly to include trained service animals and emotional support animals. The bill also clarifies the type of verification a person with a disability must provide to request an assistance animal as a reasonable housing accommodation.
Hawaii Bill Would Establish Greater Oversight of Hunting Dogs and Hunters Who Use Them
Hawaii Senate Bill 3306 would require anyone who owns, harbors, possesses, or utilizes a dog for hunting purposes to microchip each dog to facilitate animal shelters and law enforcement holding owners responsible for abused, neglected, and abandoned hunting dogs. The bill further would require hunting licensees who breed dogs to obtain a hunting dog breeding license from the Department of Land and Natural Resources.
Hawaii Senate Bill 3306 would require anyone who owns, harbors, possesses, or utilizes a dog for hunting purposes to microchip each dog to facilitate animal shelters and law enforcement holding owners responsible for abused, neglected, and abandoned hunting dogs. The bill further would require hunting licensees who breed dogs to obtain a hunting dog breeding license from the Department of Land and Natural Resources.
Idaho Bill Would Provide Fund for Environmental Improvement Programs on Factory Farms
Idaho House Bill 466 would establish a “Confined Animal Feeding Operation (CAFO) Improvement Fund” to aid in the implementation of environmental improvement programs on CAFOs. The fund would provide grants to eligible facilities for programs that improve byproduct, waste, and water management; improve waste storage; or implement renewable energy products that use animal waste.
Idaho House Bill 466 would establish a “Confined Animal Feeding Operation (CAFO) Improvement Fund” to aid in the implementation of environmental improvement programs on CAFOs. The fund would provide grants to eligible facilities for programs that improve byproduct, waste, and water management; improve waste storage; or implement renewable energy products that use animal waste.
Iowa Bill Would Classify All Acts of Animal Torture as Felonies
Iowa House File 2104 would amend the existing cruelty to animals statute to elevate all “animal torture” crimes to felony crimes. Individuals convicted of animal torture would be subject to up to ten years in prison and monetary penalties between $1,025–$13,660.
Iowa House File 2104 would amend the existing cruelty to animals statute to elevate all “animal torture” crimes to felony crimes. Individuals convicted of animal torture would be subject to up to ten years in prison and monetary penalties between $1,025–$13,660.
Maine Bill Would Establish Penalties for Trespassing with Hunting Dogs
Maine Legislative Document 1951 would prohibit a hunter from turning a hunting dog loose on someone else’s property in pursuit of a bear, coyote, bobcat, fox, or raccoon if the property owner has expressly told the hunter that she or he does not have permission or if the property is posted with a no-trespassing sign. Violations would be subject to penalties of up to $500 for a first offense and $1,000 for subsequent offenses. Violators also risk revocation of their dog training and hunting permits. The bill has been referred to the Senate Committee on Inland Fisheries and Wildlife.
Maine Legislative Document 1951 would prohibit a hunter from turning a hunting dog loose on someone else’s property in pursuit of a bear, coyote, bobcat, fox, or raccoon if the property owner has expressly told the hunter that she or he does not have permission or if the property is posted with a no-trespassing sign. Violations would be subject to penalties of up to $500 for a first offense and $1,000 for subsequent offenses. Violators also risk revocation of their dog training and hunting permits. The bill has been referred to the Senate Committee on Inland Fisheries and Wildlife.
Maryland Bill Would Allow Unlicensed Hunting of Nongame Animals in Baltimore County
Maryland Senate Bill 427 would repeal an existing prohibition in Baltimore County against hunting nongame birds and mammals without first obtaining a hunting license. The bill has been referred to the Senate Committee on Education, Health, and Environmental Affairs.
Maryland Senate Bill 427 would repeal an existing prohibition in Baltimore County against hunting nongame birds and mammals without first obtaining a hunting license. The bill has been referred to the Senate Committee on Education, Health, and Environmental Affairs.
Maryland Bill Would Give Tax Credits for Companion Animal-Friendly Landlords
Maryland Senate Bill 443 would establish an income tax credit for landlords who allow tenants to live with companion animals. The bill has been referred to the Senate Committee on Budget and Taxation.
Maryland Senate Bill 443 would establish an income tax credit for landlords who allow tenants to live with companion animals. The bill has been referred to the Senate Committee on Budget and Taxation.
Rhode Island Bill Would Ban Canned Hunting
Rhode Island House Bill 7169 would prohibit canned hunting, the trophy hunting of animals within a confined space, and the import of non-native species or genetically altered or cloned animals for purposes of canned hunting. The bill has been referred to the House Committee on Environment and Natural Resources.
Rhode Island House Bill 7169 would prohibit canned hunting, the trophy hunting of animals within a confined space, and the import of non-native species or genetically altered or cloned animals for purposes of canned hunting. The bill has been referred to the House Committee on Environment and Natural Resources.
Iowa Bill Would Provide Immunity for Veterinarians Who Aid Law Enforcement Officers in Cruelty and Other Animal Cases
Iowa Senate File 2135 would amend the Iowa Veterinary Practice Act by providing that a licensed veterinarian is immune from administrative, civil, or criminal liability for actions taken while assisting in the investigation or prosecution of another person for conduct involving an animal that, if true, would constitute an offense punishable as a misdemeanor or felony.
Iowa Senate File 2135 would amend the Iowa Veterinary Practice Act by providing that a licensed veterinarian is immune from administrative, civil, or criminal liability for actions taken while assisting in the investigation or prosecution of another person for conduct involving an animal that, if true, would constitute an offense punishable as a misdemeanor or felony.
Iowa Bill Would Prohibit Hunting Black Bears, Gray Wolves, and Mountain Lions
Iowa House File 2118 would prohibit the killing of black bears, gray wolves, and mountain lions except in limited circumstances, such as when immediately necessary to protect a person or companion animal from bodily harm. The bill has been referred to the House Committee on Natural Resources.
Iowa House File 2118 would prohibit the killing of black bears, gray wolves, and mountain lions except in limited circumstances, such as when immediately necessary to protect a person or companion animal from bodily harm. The bill has been referred to the House Committee on Natural Resources.
South Dakota Bill Would Establish Bond and Seizure Provisions for Animal Cruelty Cases
South Dakota Senate Bill 158 would authorize courts to order animal cruelty defendants to post a bond when they are charged and would establish other financial obligations on defendants, including responsibility for all costs of care following seizure. Any law enforcement agency that has seized an animal in connection with a cruelty case would have a lien on the animal for costs incurred from the seizure and conviction.
South Dakota Senate Bill 158 would authorize courts to order animal cruelty defendants to post a bond when they are charged and would establish other financial obligations on defendants, including responsibility for all costs of care following seizure. Any law enforcement agency that has seized an animal in connection with a cruelty case would have a lien on the animal for costs incurred from the seizure and conviction.
South Dakota Bill Would Establish Worker Safety Requirements and Rights for Meatpacking Employees
South Dakota Senate Bill 145 would establish protections and workplace safety requirements for meat and poultry processing workers. The bill would direct the South Dakota Secretary of the Department of Labor and Regulation to appoint a meatpacking industry worker rights coordinator who must be allowed access to processing facilities whenever workers are present. The bill also provides that workers have the right to refuse to work under conditions that they reasonably believe would create an unreasonable risk of illness or injury to themselves, their coworkers, or the public. The bill would prohibit employers from discriminating against workers who exercise their meatpacking workplace safety rights. The bill has been referred to the Senate Committee on Commerce and Energy.
South Dakota Senate Bill 145 would establish protections and workplace safety requirements for meat and poultry processing workers. The bill would direct the South Dakota Secretary of the Department of Labor and Regulation to appoint a meatpacking industry worker rights coordinator who must be allowed access to processing facilities whenever workers are present. The bill also provides that workers have the right to refuse to work under conditions that they reasonably believe would create an unreasonable risk of illness or injury to themselves, their coworkers, or the public. The bill would prohibit employers from discriminating against workers who exercise their meatpacking workplace safety rights. The bill has been referred to the Senate Committee on Commerce and Energy.
Tennessee Bill Would Treat Abuse of Wildlife as a Felony
Tennessee House Bill 2060 would establish the torture or mistreatment of a wild animal as a felony crime. The bill also would allow courts to order convicted individuals to undergo psychological evaluation and counseling. If enacted, the bill would become effective January 1, 2023.
Tennessee House Bill 2060 would establish the torture or mistreatment of a wild animal as a felony crime. The bill also would allow courts to order convicted individuals to undergo psychological evaluation and counseling. If enacted, the bill would become effective January 1, 2023.
Tennessee Bill Would Prohibit Inhumane Tethering of Dogs
Tennessee House Bill 2034 would create the misdemeanor offense of unlawful restraint of a dog. The bill would prohibit owners from leaving dogs tethered while unattended without access to adequate shelter and potable water. The bill also specifies requirements for the lawful use of tethers on dogs. If enacted, the bill would become effective July 1, 2022.
Tennessee House Bill 2034 would create the misdemeanor offense of unlawful restraint of a dog. The bill would prohibit owners from leaving dogs tethered while unattended without access to adequate shelter and potable water. The bill also specifies requirements for the lawful use of tethers on dogs. If enacted, the bill would become effective July 1, 2022.
Tennessee Bill Proposes Felony Charges for the Harm or Killing of a Police Dog
Tennessee Senate Bill 2013, “Joker’s Law,” would criminalize harming or killing a police dog, fire dog, search and rescue dog, service animal, or police horse as a felony but for very limited and urgent circumstances. The bill’s namesake, Joker, spent nine days in the veterinary intensive care unit after being shot in the line of duty in 2021. If enacted, the bill would become effective July 1, 2022.
Tennessee Senate Bill 2013, “Joker’s Law,” would criminalize harming or killing a police dog, fire dog, search and rescue dog, service animal, or police horse as a felony but for very limited and urgent circumstances. The bill’s namesake, Joker, spent nine days in the veterinary intensive care unit after being shot in the line of duty in 2021. If enacted, the bill would become effective July 1, 2022.
New Jersey Bill Would Treat Hoarding as a Specific Animal Cruelty Offense and Would Mandate Mental Health Evaluations for all Cruelty Offenders
New Jersey Senate Bill 1144 would amend the animal cruelty code by adding hoarding as a specific cruelty offense and requiring mental health evaluation and possible treatment for all animal cruelty offenders. The bill has been referred to the Senate Committee on Environment and Energy.
New Jersey Senate Bill 1144 would amend the animal cruelty code by adding hoarding as a specific cruelty offense and requiring mental health evaluation and possible treatment for all animal cruelty offenders. The bill has been referred to the Senate Committee on Environment and Energy.
New Jersey Bill Would Mandate Mental Health Evaluations and Treatment for Animal Cruelty Offenders
New Jersey Senate Bill 1153, “Shyanne’s Law,” would amend the state’s existing cruelty code to require a mental health evaluation for any animal cruelty offender, whether an adult or a juvenile, to be followed by mental health counseling if warranted by the evaluation. The bill is named for a dog who died in the care of an animal behaviorist who previously had been observed abusing animals.
New Jersey Senate Bill 1153, “Shyanne’s Law,” would amend the state’s existing cruelty code to require a mental health evaluation for any animal cruelty offender, whether an adult or a juvenile, to be followed by mental health counseling if warranted by the evaluation. The bill is named for a dog who died in the care of an animal behaviorist who previously had been observed abusing animals.
Case Law Updates
Federal Case Law Updates
Supreme Court to Hear Clean Water Act Case
The Supreme Court has announced that it will take a case challenging the Environmental Protection Agency’s interpretation of the Clean Water Act, specifically the so-called “WOTUS,” or Waters of the United States rule, likely severely limiting the scope of the statute.
The Supreme Court has announced that it will take a case challenging the Environmental Protection Agency’s interpretation of the Clean Water Act, specifically the so-called “WOTUS,” or Waters of the United States rule, likely severely limiting the scope of the statute.
Conservation Groups Sue to Enjoin Copper Mine Project that Threatens Rare Wild Cats and Bats
The Center for Biological Diversity, Save Lake Superior Association, Save Our Sky Blue Waters, Friends of the Cloquet Valley State Forest, and Duluth for Clean Water sued the U.S. Fish & Wildlife Service, U.S. Forest Service, and U.S. Army Corps of Engineers, arguing that their approval of the PolyMet open-pit copper mine and land exchange in the Superior National Forest in northeastern Minnesota violates the Endangered Species Act (ESA). Plaintiffs argue that the 528-acre open-pit mine would destroy important habitat for the Canada lynx and northern long-eared bat, both classified as threatened under the ESA. Plaintiffs are seeking declaratory judgment that the federal agencies have violated the ESA and a court order enjoining the copper mine project pending completion of a new ESA analysis.
The Center for Biological Diversity, Save Lake Superior Association, Save Our Sky Blue Waters, Friends of the Cloquet Valley State Forest, and Duluth for Clean Water sued the U.S. Fish & Wildlife Service, U.S. Forest Service, and U.S. Army Corps of Engineers, arguing that their approval of the PolyMet open-pit copper mine and land exchange in the Superior National Forest in northeastern Minnesota violates the Endangered Species Act (ESA). Plaintiffs argue that the 528-acre open-pit mine would destroy important habitat for the Canada lynx and northern long-eared bat, both classified as threatened under the ESA. Plaintiffs are seeking declaratory judgment that the federal agencies have violated the ESA and a court order enjoining the copper mine project pending completion of a new ESA analysis.
Conservation Group Sues Federal Agencies to Halt Oil Drilling Permits and Protect Endangered Marine Animals
The Center for Biological Diversity (CBD) sued the Secretary of the Department of the Interior, the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, the National Marine Fisheries Service, and the Secretary of Commerce, seeking a court order requiring suspension of all new permits for oil drilling off of the coast of California. CBD’s lawsuit follows the rupture of an undersea oil pipeline along the Orange County, California coast, which has further impacted endangered whales, sea turtles, and other species. CBD argues that the defendants’ existing Endangered Species Act analysis failed to adequately plan for an oil spill and asks the court to require re-examination of the threats to endangered species prior to resumption of permit issuance.
The Center for Biological Diversity (CBD) sued the Secretary of the Department of the Interior, the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, the National Marine Fisheries Service, and the Secretary of Commerce, seeking a court order requiring suspension of all new permits for oil drilling off of the coast of California. CBD’s lawsuit follows the rupture of an undersea oil pipeline along the Orange County, California coast, which has further impacted endangered whales, sea turtles, and other species. CBD argues that the defendants’ existing Endangered Species Act analysis failed to adequately plan for an oil spill and asks the court to require re-examination of the threats to endangered species prior to resumption of permit issuance.
Conservation Group Challenges Government Decision to Deny Protection for Rare Lizards
The Center for Biological Diversity (CBD) sued the U.S. Fish & Wildlife Service (FWS), challenging the agency’s decision to deny Endangered Species Act (ESA) protection to the Cedar Key mole skink, a rare lizard species found along ten miles of Florida coastline. The imperiled lizard is highly vulnerable to climate change-releated rising sea levels, storm surges, and urban development. CBD is seeking declaratory and injunctive relief, including a finding that FWS has violated the ESA and a court order requiring the agency to conduct a new 12-month finding to assess whether the Cedar Key mole skink meets the requirements for listing status.
The Center for Biological Diversity (CBD) sued the U.S. Fish & Wildlife Service (FWS), challenging the agency’s decision to deny Endangered Species Act (ESA) protection to the Cedar Key mole skink, a rare lizard species found along ten miles of Florida coastline. The imperiled lizard is highly vulnerable to climate change-releated rising sea levels, storm surges, and urban development. CBD is seeking declaratory and injunctive relief, including a finding that FWS has violated the ESA and a court order requiring the agency to conduct a new 12-month finding to assess whether the Cedar Key mole skink meets the requirements for listing status.
Conservation Group Sues Army Corps of Engineers for Access to Public Records About Border Wall that Jeopardizes Wildlife in Texas
The Center for Biological Diversity (CBD) sued the U.S. Army Corps of Engineers (ACE) for violating the Freedom of Information Act (FOIA) by refusing to release public records about construction of thirteen miles of new border walls in Texas’ Rio Grande Valley that will jeopardize wildlife, endangered species, and public lands. CBD is seeking declaratory and injunctive relief from the court, including a finding that ACE has violated FOIA and an order requiring production of all responsive records. This week it also was reported that an endangered Mexican gray wolf who was observed spending five days trying to get around the border wall to find a mate had been shot and maimed.
The Center for Biological Diversity (CBD) sued the U.S. Army Corps of Engineers (ACE) for violating the Freedom of Information Act (FOIA) by refusing to release public records about construction of thirteen miles of new border walls in Texas’ Rio Grande Valley that will jeopardize wildlife, endangered species, and public lands. CBD is seeking declaratory and injunctive relief from the court, including a finding that ACE has violated FOIA and an order requiring production of all responsive records. This week it also was reported that an endangered Mexican gray wolf who was observed spending five days trying to get around the border wall to find a mate had been shot and maimed.
‘Tiger King’ Joe Exotic Resentenced to Twenty-One Years in Federal Prison
Joseph Schreibvogel Maldonado Passage, better known as “Joe Exotic,” was resentenced to twenty-one years in prison, a one-year reduction of his original twenty-two-year sentence for criminal violations of the Lacey Act, the Endangered Species Act, and two counts of murder-for-hire. The resentencing hearing came following a July 14, 2021 order by a panel of 10th Circuit Court of Appeals judges who found that the trial court should have sentenced the defendant’s multiple murder-for-hire convictions concurrently since they constituted one, continuous harm. There is no parole in the federal system, and the federal Sentencing Reform Act requires all federal convicts to serve at least 85% of their sentence.
Joseph Schreibvogel Maldonado Passage, better known as “Joe Exotic,” was resentenced to twenty-one years in prison, a one-year reduction of his original twenty-two-year sentence for criminal violations of the Lacey Act, the Endangered Species Act, and two counts of murder-for-hire. The resentencing hearing came following a July 14, 2021 order by a panel of 10th Circuit Court of Appeals judges who found that the trial court should have sentenced the defendant’s multiple murder-for-hire convictions concurrently since they constituted one, continuous harm. There is no parole in the federal system, and the federal Sentencing Reform Act requires all federal convicts to serve at least 85% of their sentence.
State Case Law Updates
New York Veterinary Practice Sued for Willful Misconduct and Unlicensed Practice
William and Marie Watkins have filed a lawsuit against Patchogue Animal Hospital, veterinarian Eva Armfield, and five unnamed receptionists who allegedly posed as veterinary technicianss in Suffolk County, New York. Plaintiffs allege breach of bailment, willful misconduct, breach of fiduciary duty, breach of contract, fraud in the inducement, misrepresentation, and deceptive trade practices in connection with the improper administration of an excessive dose of tranquilizers that fatally exacerbated a pre-existing heart condition in their dog, Taro, which veterinarian Eva Armfield failed to diagnose. Taro reportedly died after defendants’ improper care during routine treatment for an ear infection. Plaintiffs further allege that Dr. Armfield allowed unlicensed receptionists to improperly perform veterinary procedures and pose as vet techs. Plaintiffs are seeking $10,000 actual damages and $250,000 punitive damages.
William and Marie Watkins have filed a lawsuit against Patchogue Animal Hospital, veterinarian Eva Armfield, and five unnamed receptionists who allegedly posed as veterinary technicianss in Suffolk County, New York. Plaintiffs allege breach of bailment, willful misconduct, breach of fiduciary duty, breach of contract, fraud in the inducement, misrepresentation, and deceptive trade practices in connection with the improper administration of an excessive dose of tranquilizers that fatally exacerbated a pre-existing heart condition in their dog, Taro, which veterinarian Eva Armfield failed to diagnose. Taro reportedly died after defendants’ improper care during routine treatment for an ear infection. Plaintiffs further allege that Dr. Armfield allowed unlicensed receptionists to improperly perform veterinary procedures and pose as vet techs. Plaintiffs are seeking $10,000 actual damages and $250,000 punitive damages.
Dallas College Student Sues Dog Owners after Mauling Leaves Her Permanently Disfigured
Jacqueline Durand, a 22-year-old college student sued Justin and Ashley Bishop, seeking more than $1 million damages after the Bishops’ two dogs mauled Durand on December 23, 2021, tearing off her ears, nose, and most of her face below the eyes and leaving puncture wounds over her entire body after removing all of her clothing. The Bishops had hired Durand to walk their dogs while they were on vacation and reportedly failed to notify Durand of the dogs’ dangerous propensities. The dogs attacked Durand immediately upon her arrival at the Bishops’ home and have since been seized by the City of Coppell Animal Control, where they will be euthanized. Durand is still hospitalized at a Level-1 trauma center where she is undergoing multiple reconstructive surgeries.
Jacqueline Durand, a 22-year-old college student sued Justin and Ashley Bishop, seeking more than $1 million damages after the Bishops’ two dogs mauled Durand on December 23, 2021, tearing off her ears, nose, and most of her face below the eyes and leaving puncture wounds over her entire body after removing all of her clothing. The Bishops had hired Durand to walk their dogs while they were on vacation and reportedly failed to notify Durand of the dogs’ dangerous propensities. The dogs attacked Durand immediately upon her arrival at the Bishops’ home and have since been seized by the City of Coppell Animal Control, where they will be euthanized. Durand is still hospitalized at a Level-1 trauma center where she is undergoing multiple reconstructive surgeries.
California Judge Delays Enforcement of Proposition 12 Pork Sale Requirements Against Retailers
A California Superior Court judge has said that the California Department of Food and Agriculture (CDFA) cannot enforce Proposition 12’s whole pork sale requirements against grocers and other retailers until 180 days after the agency establishes final regulations for such sales. Proposition 12 was passed overwhelmingly by voters in 2018 to increase minimum confinement standards for egg-laying hens, calves raised for veal, and breeding pigs––banning both the in-state production and sale of products that do not comply with the standards as of January 1, 2022. Petitioners had sought a 28-month postponement of the law’s enforcement, which the court rejected. The ruling also does not apply to Proposition 12’s egg or veal product restrictions. The CDFA director of public affairs stated, “It should be noted that the judge’s ruling is a narrow one that applies only to retailers, including grocers, and not to pork producers providing pork products to California. Pork producers and suppliers remain subject to enforcement if they violate the square-footage requirement that went into effect on Jan. 1.”
A California Superior Court judge has said that the California Department of Food and Agriculture (CDFA) cannot enforce Proposition 12’s whole pork sale requirements against grocers and other retailers until 180 days after the agency establishes final regulations for such sales. Proposition 12 was passed overwhelmingly by voters in 2018 to increase minimum confinement standards for egg-laying hens, calves raised for veal, and breeding pigs––banning both the in-state production and sale of products that do not comply with the standards as of January 1, 2022. Petitioners had sought a 28-month postponement of the law’s enforcement, which the court rejected. The ruling also does not apply to Proposition 12’s egg or veal product restrictions. The CDFA director of public affairs stated, “It should be noted that the judge’s ruling is a narrow one that applies only to retailers, including grocers, and not to pork producers providing pork products to California. Pork producers and suppliers remain subject to enforcement if they violate the square-footage requirement that went into effect on Jan. 1.”
Agency Updates
CDC Announces Monetary Award to Assist Zoonotic Disease Monitoring in Vietnam
The Centers for Disease Control and Prevention announced a $1 million award to the Vietnam Department of Animal Health to help maintain surveillance of animal health, influenza viruses, other zoonotic diseases like African Swine Fever and rabies, and zoonotic respiratory diseases like SARS-CoV-2. The CDC award will likely total $5 million between 2022 and 2027.
The Centers for Disease Control and Prevention announced a $1 million award to the Vietnam Department of Animal Health to help maintain surveillance of animal health, influenza viruses, other zoonotic diseases like African Swine Fever and rabies, and zoonotic respiratory diseases like SARS-CoV-2. The CDC award will likely total $5 million between 2022 and 2027.
Wind Farm Seeking Permit from Fish & Wildlife Service for Harm and Harassment of Rare Bats
The U.S. Fish & Wildlife Service (FWS) announced receipt of an application it received for an incidental take permit (ITP) to harm and harass endangered and threatened species of bats incidental to the Ford Ridge Wind Project in Ford County, Illinois for a period of six years. The FWS has made an initial “low-effect” determination and is accepting public comments on the permit application through February 24, 2022.
The U.S. Fish & Wildlife Service (FWS) announced receipt of an application it received for an incidental take permit (ITP) to harm and harass endangered and threatened species of bats incidental to the Ford Ridge Wind Project in Ford County, Illinois for a period of six years. The FWS has made an initial “low-effect” determination and is accepting public comments on the permit application through February 24, 2022.
U.S. Fish & Wildlife Service Proposes Adding Rare Butterfly Species to Endangered Species List
The U.S. Fish & Wildlife Service (FWS) announced its intent to list the Sacramento Mountains checkerspot butterfly, a rare species found in New Mexico, as an endangered species. FWS is accepting comments through March 28, 2022.
The U.S. Fish & Wildlife Service (FWS) announced its intent to list the Sacramento Mountains checkerspot butterfly, a rare species found in New Mexico, as an endangered species. FWS is accepting comments through March 28, 2022.
Nevada Researcher Seeks Permit to Conduct Research on Weddell Seals
A researcher from the University of Nevada Las Vegas is seeking a permit from the National Marine Fisheries Service (NMFS) to conduct research on Weddell seals. The applicant proposes multiple studies to investigate how physiology supports and limits hypoxia tolerance in diving marine mammals and seeks permission to take thirty adult Weddell seals at a dive hole and thirty-six free-ranging adult Weddell seals in Erebus Bay, Antarctica, over two field seasons. The applicant anticipates up to two annual mortalities and seeks permission to capture, restrain, transport, anesthetize, sedate, mark, weigh, conduct ultrasound on, and collect biological samples from the seals. NMFS is accepting comments on the permit application through February 25, 2022.
A researcher from the University of Nevada Las Vegas is seeking a permit from the National Marine Fisheries Service (NMFS) to conduct research on Weddell seals. The applicant proposes multiple studies to investigate how physiology supports and limits hypoxia tolerance in diving marine mammals and seeks permission to take thirty adult Weddell seals at a dive hole and thirty-six free-ranging adult Weddell seals in Erebus Bay, Antarctica, over two field seasons. The applicant anticipates up to two annual mortalities and seeks permission to capture, restrain, transport, anesthetize, sedate, mark, weigh, conduct ultrasound on, and collect biological samples from the seals. NMFS is accepting comments on the permit application through February 25, 2022.
National Marine Fisheries Service Limits Cod Fishing off the Coast of Alaska
The National Marine Fisheries Service announced a temporary rule prohibiting fishing for Pacific cod in the Bering Sea and Aleutian Island management area by certain catcher vessels that are sixty feet or longer to prevent exceeding the total allowable catch. The prohibition is effective between January 23 and September 1, 2022.
The National Marine Fisheries Service announced a temporary rule prohibiting fishing for Pacific cod in the Bering Sea and Aleutian Island management area by certain catcher vessels that are sixty feet or longer to prevent exceeding the total allowable catch. The prohibition is effective between January 23 and September 1, 2022.
U.S. Navy Seeks Permission to Harm Marine Mammals During Pier Construction Project
The United States Navy applied for incidental harassment authorization (IHA) to harm and harass marine mammals incidental to the replacement of a pier at Naval Station Norfolk in Norfolk, Virginia. The IHA would authorize the Navy to harm and harass humpback whales, bottlenose dolphins, harbor porpoises, harbor seals, and gray seals during the construction project. The National Marine Fisheries Service is seeking public comments on the application through February 25, 2022.
The United States Navy applied for incidental harassment authorization (IHA) to harm and harass marine mammals incidental to the replacement of a pier at Naval Station Norfolk in Norfolk, Virginia. The IHA would authorize the Navy to harm and harass humpback whales, bottlenose dolphins, harbor porpoises, harbor seals, and gray seals during the construction project. The National Marine Fisheries Service is seeking public comments on the application through February 25, 2022.
National Marine Fisheries Service Considers Application for Marine Mammal Research Permit
The Whale Museum in Washington State has applied to National Marine Fisheries Service (NMFS) for a permit to authorize incidental harassment of cetaceans during research on minimizing vessel disturbances on marine mammals. The applicant seeks authorization to photograph, videotape, and conduct behavioral observations on killer whales, fin whales, gray whales, humpback whales, minke whales, Dall’s porpoises, and harbor porpoises. NMFS is accepting public comments through February 28, 2022.
The Whale Museum in Washington State has applied to National Marine Fisheries Service (NMFS) for a permit to authorize incidental harassment of cetaceans during research on minimizing vessel disturbances on marine mammals. The applicant seeks authorization to photograph, videotape, and conduct behavioral observations on killer whales, fin whales, gray whales, humpback whales, minke whales, Dall’s porpoises, and harbor porpoises. NMFS is accepting public comments through February 28, 2022.
Wind Company Seeks Permission to Harm and Harass Marine Mammals During Offshore Surveying
Atlantic Shores Offshore Wind, LLC has applied to the National Marine Fisheries Service (NMFS) for authorization to harm and harass numerous species of marine mammals incidental to marine site characterization surveys off the coast of New Jersey and New York. If NMFS grants the authorization, it would allow the applicant to harm and harass North Atlantic right whales, humpback whales, fin whales, Sei whales, Minke whales, sperm whales, long-finned pilot whales, Atlantic white-sided dolphins, bottle nose dolphins, common dolphins, Atlantic spotted dolphins, harbor porpoises, harbor seals, and gray seals during its survey project between April 20, 2022 and April 19, 2023. NMFS is accepting public comments on the application through February 28, 2022.
Atlantic Shores Offshore Wind, LLC has applied to the National Marine Fisheries Service (NMFS) for authorization to harm and harass numerous species of marine mammals incidental to marine site characterization surveys off the coast of New Jersey and New York. If NMFS grants the authorization, it would allow the applicant to harm and harass North Atlantic right whales, humpback whales, fin whales, Sei whales, Minke whales, sperm whales, long-finned pilot whales, Atlantic white-sided dolphins, bottle nose dolphins, common dolphins, Atlantic spotted dolphins, harbor porpoises, harbor seals, and gray seals during its survey project between April 20, 2022 and April 19, 2023. NMFS is accepting public comments on the application through February 28, 2022.
USDA Issues Public Health Alert Due to Possible Listeria Contamination
The USDA’s Food Safety & Inspection Service (FSIS) has issued a public health alert due to concerns that a ready-to-eat chicken salad produced by Marietta, Georgia-based Simply Fresh Market may be contaminated with listeria monocytogenes. The producer notified FSIS of the concern when a sample tested positive for the bacteria, which can cause a serious infection called listeriosis. Listeriosis is characterized by numerous potential symptoms, including fever, muscle aches, headache, stiff neck, confusion, loss of balance and convulsions, diarrhea or other gastrointestinal symptoms, miscarriages, stillbirths, and life-threatening infections in newborns. The infection can be fatal in immunocompromised individuals. The products were shipped to three local markets in Atlanta and are no longer available in stores, which is why FSIS is issuing an alert rather than a recall. FSIS is urging consumers who purchased the product not to consume it.
The USDA’s Food Safety & Inspection Service (FSIS) has issued a public health alert due to concerns that a ready-to-eat chicken salad produced by Marietta, Georgia-based Simply Fresh Market may be contaminated with listeria monocytogenes. The producer notified FSIS of the concern when a sample tested positive for the bacteria, which can cause a serious infection called listeriosis. Listeriosis is characterized by numerous potential symptoms, including fever, muscle aches, headache, stiff neck, confusion, loss of balance and convulsions, diarrhea or other gastrointestinal symptoms, miscarriages, stillbirths, and life-threatening infections in newborns. The infection can be fatal in immunocompromised individuals. The products were shipped to three local markets in Atlanta and are no longer available in stores, which is why FSIS is issuing an alert rather than a recall. FSIS is urging consumers who purchased the product not to consume it.
National Park Service Seeks Public Input on Proposed Wild Bison Management Plan
The National Park Service (NPS) published notice of intent to prepare an environmental impact statement (EIS) for a bison management plan for Yellowstone National Park in Idaho, Montana, and Wyoming. The purpose of the management plan is to preserve an ecologically sustainable population of wild, migratory, bison while working to mitigate brucellosis transmission, threats to human safety, and property damage. NPS is accepting public comments to aid in its preparation of the EIS through February 28, 2022.
The National Park Service (NPS) published notice of intent to prepare an environmental impact statement (EIS) for a bison management plan for Yellowstone National Park in Idaho, Montana, and Wyoming. The purpose of the management plan is to preserve an ecologically sustainable population of wild, migratory, bison while working to mitigate brucellosis transmission, threats to human safety, and property damage. NPS is accepting public comments to aid in its preparation of the EIS through February 28, 2022.