New York Senate Bill 9445 would prohibit the surgical devocalization of dogs or cats and would impose civil and criminal penalties for individuals involved in violations of the law. The bill further would provide for the suspension or revocation of veterinary licenses for any veterinarians who illegally perform the procedure. The bill has been referred to the Senate Agriculture Committee.
Issue 140: May 30, 2022
This Week's Spotlights
Legislative Updates - Pending State Actions
Federal Case Law Updates
Federal Court Grants Justice Department’s Request for Temporary Restraining Order Against Dealer Who Supplies Beagles for Animal Experiments
The U.S. District Court for the Western District of Virginia granted the U.S. Department of Justice’s (DOJ) request for an ex parte temporary restraining order (TRO) against Envigo, LLC, a company that breeds and sells beagles for use in experiments. The DOJ sought the TRO, which prohibits Envigo from “breeding, selling, or otherwise dealing” beagles after documenting the company’s “serious and ongoing violations of the Animal Welfare Act,” including the deaths of 300 beagle puppies at Envigo’s Cumberland, Virginia facility.
Montana Federal Court Sides with Conservation Groups over Endangered Species Act Protection of Wolverines
A federal court in Montana decided to restore the wolverine as a candidate for protection under the Endangered Species Act (ESA), giving the U.S. Fish and Wildlife Service (FWS) eighteen months to decide whether wolverines meet ESA listing standards. The court agreed with conservation groups that wolverines require additional protections, pending the FWS’s reconsideration of its 2020 decision not to protect the species as threatened or endangered. Earthjustice represented a coalition of organizations in the lawsuit that include the Center for Biological Diversity, Conservation Northwest, Defenders of Wildlife, Friends of the Clearwater, Idaho Conservation League, Jackson Hole Conservation Alliance, Klamath-Siskiyou Wildlands Center, Greater Yellowstone Coalition, Sierra Club, and Rocky Mountain Wild.
Agency Updates
U.S. Fish and Wildlife Service Intends to Add Four Sturgeon Subspecies to List of Endangered Species
The U.S. Fish and Wildlife Service (FWS) announced its intent to list the Russian sturgeon, ship sturgeon, Persian sturgeon, and stellate sturgeon as endangered species. FWS is accepting public comments on the proposed listings through July 25, 2022.
CDC Prepares to Modify Suspension on Import of Dogs from High-Risk Countries for Rabies
The Centers for Disease Control and Prevention (CDC) announced new rules for the import of dogs from countries that are designated as high-risk for rabies. The CDC states that while the agency is “modifying the terms of the suspension to allow more dog importations, a suspension remains necessary to protect the public's health against the reintroduction of the canine rabies virus variant (CRVV) into the United States.” The new rules become effective on June 10, 2022.
Legislative Updates
Pending State Actions
Ohio Bill Would Prohibit the Sales of Adulterated Pet Food
Ohio House Bill 684 would prohibit the sales of commercial pet food containing the remains of dogs or cats or any animal who was killed via the injection of a lethal drug. It has been referred to the House Committee on Agriculture and Conservation.
New York Bill Would Ban Devocalization Procedures on Dogs and Cats
New York Senate Bill 9445 would prohibit the surgical devocalization of dogs or cats and would impose civil and criminal penalties for individuals involved in violations of the law. The bill further would provide for the suspension or revocation of veterinary licenses for any veterinarians who illegally perform the procedure. The bill has been referred to the Senate Agriculture Committee.
New Jersey Bill Would Authorize Deer Control and Wildlife Depredation Activities
New Jersey Assembly Bill 4182 would permit certain deer control activities and authorize the issuance of multi-species depredation permits for wildlife control on farmland. While the text of the bill has not yet been made publicly available this session, it previously was introduced as Senate Bill 335.
Case Law Updates
Federal Case Law Updates
Federal Court Grants Justice Department’s Request for Temporary Restraining Order Against Dealer Who Supplies Beagles for Animal Experiments
The U.S. District Court for the Western District of Virginia granted the U.S. Department of Justice’s (DOJ) request for an ex parte temporary restraining order (TRO) against Envigo, LLC, a company that breeds and sells beagles for use in experiments. The DOJ sought the TRO, which prohibits Envigo from “breeding, selling, or otherwise dealing” beagles after documenting the company’s “serious and ongoing violations of the Animal Welfare Act,” including the deaths of 300 beagle puppies at Envigo’s Cumberland, Virginia facility.
Conservation Groups Intend to Sue USDA for Harmful Impact of Insecticides on Endangered Species
The Xerces Society and Center for Biological Diversity, represented by Advocates for the West, sent the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) a sixty-day notice of intent to sue under the citizen suit provision of the Endangered Species Act for APHIS’ alleged failure to consider the impact of insecticides on endangered species who inhabit millions of acres of western grasslands. APHIS oversees and funds insecticide use in seventeen states to prevent native grasshoppers from competing with foraging livestock.
Advocacy Group Threatens to Sue U.S. Fish and Wildlife Service for Failing to Comply with the Endangered Species Act
The Center for Biological Diversity submitted a sixty-day notice of intent to sue to the U.S. Fish and Wildlife Service (FWS) under the citizen suit provision of the Endangered Species Act (ESA) in connection with the agency’s failure to protect critical habitat for 49 endangered Hawaiian Islands species of animals and plants. FWS protected all forty-nine species as endangered on September 30, 2016, but failed to designate critical habitat as required by the ESA.
Conservation Groups Threaten Litigation to Stop Military Activities that Jeopardize Endangered Species on Guam
The Center for Biological Diversity, Blue Ocean Law, and Prutehi Litekyan: Save Ritidian submitted a sixty-day notice of intent to sue the U.S. Navy and U.S. Fish and Wildlife Service to stop the ongoing construction of a machine gun range and the relocation of 5,000 U.S. Marines to Guam. The conservation groups allege that the activities jeopardize the survival of fifteen endangered species, including the Guam Micronesia kingfisher and the Mariana eight-spot butterfly.
Montana Federal Court Sides with Conservation Groups over Endangered Species Act Protection of Wolverines
A federal court in Montana decided to restore the wolverine as a candidate for protection under the Endangered Species Act (ESA), giving the U.S. Fish and Wildlife Service (FWS) eighteen months to decide whether wolverines meet ESA listing standards. The court agreed with conservation groups that wolverines require additional protections, pending the FWS’s reconsideration of its 2020 decision not to protect the species as threatened or endangered. Earthjustice represented a coalition of organizations in the lawsuit that include the Center for Biological Diversity, Conservation Northwest, Defenders of Wildlife, Friends of the Clearwater, Idaho Conservation League, Jackson Hole Conservation Alliance, Klamath-Siskiyou Wildlands Center, Greater Yellowstone Coalition, Sierra Club, and Rocky Mountain Wild.
Agency Updates
City of Seattle Receives Authorization to Harass Marine Mammals During Pier Construction Projects
The National Marine Fisheries Service has issued incidental harassment authorizations to the City of Seattle for the harassment of marine mammals during in-water construction activities associated with two piers in Seattle, Washington. The authorizations are effective from August 1, 2022, through July 31, 2023.
National Marine Fisheries Service Seeks Permit to Conduct Cetacean Research in the South Pacific
The National Marine Fisheries Service (NMFS) published notice that the NMFS Pacific Islands Fisheries Science Center has applied for a permit to conduct research on thirty-four cetacean species in the Pacific Islands region. NMFS will accept public comments through June 22, 2022.
Applicants Seek Permits to Harm and Harass Rare Fish and Bumble Bees
The U.S. Fish and Wildlife Service (FWS) published notice that it has received three Endangered Species Act permit applications: one for the capture and harm to candy darters, and two for the capture and harassment of rusty patched bumble bees. FWS is accepting public comments through June 23, 2022.
Conservation Group Petitions the EPA for Universal Warning Labels on Pesticides
The Center for Biological Diversity submitted a petition for rulemaking to the Environmental Protection Agency’s Office of Pesticide Programs to require new safeguards on pesticide labels, including universal warning labels for endangered species for all pesticides used outdoors––a requirement first proposed under the George W. Bush administration in 2005 but never finalized.
U.S. Fish and Wildlife Service Announces Decision on Bighorn Sheep Habitat and Population Management in Oregon
The U.S. Fish and Wildlife Service (FWS) announced the availability of its record of decision (ROD) for the final environmental impact statement for the Bighorn Sheep Management Plan for Hart Mountain National Antelope Refuge in Oregon. The ROD documents FWS’ selection of habitat and population management actions.
U.S. Fish and Wildlife Service Intends to Add Four Sturgeon Subspecies to List of Endangered Species
The U.S. Fish and Wildlife Service (FWS) announced its intent to list the Russian sturgeon, ship sturgeon, Persian sturgeon, and stellate sturgeon as endangered species. FWS is accepting public comments on the proposed listings through July 25, 2022.
Home Builders Seek Permit to Take Protected Salamanders and Frogs During Construction
The U.S. Fish and Wildlife Service announced receipt of an application for the harm and harassment of California tiger salamanders and California red-legged frogs incidental to the construction of a single-family home in Carmel Valley, California. FWS is accepting public comments through June 24, 2022.
National Marine Fisheries Service Considers Modifications to Existing Permit for Sea Turtle Research
A researcher from Florida State University has applied to the National Marine Fisheries Service for a modification to an existing Endangered Species Act permit that allows her to take green, hawksbill, Kemp’s ridley, and loggerhead sea turtles for purposes of scientific research. The public comment period is open through June 27, 2022.
FDA Threatens Legal Action Against Multiple Companies That Sold CBD Products for Use in Food-Producing Animals
The Food and Drug Administration (FDA) sent warning letters to four companies for illegally selling CBD products intended for use in livestock animals. The FDA noted that failure to resolve the violations may result in further legal action, including product seizure and injunctive actions.
Wind Energy Company Seeks Authorization to Harass Marine Mammals During East Coast Site Characterization Surveys
The National Marine Fisheries Service (NMFS) has received an application from Park City Wind, LLC for authorization to harm and harass marine mammals incidental to marine site characterization surveys in the waters off the coast of Massachusetts, south through Long Island, New York. NMFS is accepting public comments through June 27, 2022.
Builder Seeks Endangered Species Act Permit to Harm Protected Reptiles During Residential Construction Project
The U.S. Fish and Wildlife Service (FWS) has received an application from a builder for authorization to harm and harass protected sand skinks incidental to a residential construction project in Lake County, Florida. FWS is accepting public comments through June 30, 2022.
USDA Announces Referendum on Honey Packers and Importers
The U.S. Department of Agriculture announced it is initiating a referendum that will be conducted among eligible first handlers and importers of honey or honey products to determine whether they favor continuance of the USDA’s regulations regarding a national honey packers and importers program. Ballots for participation in the referendum will be sent out from August 8, 2022, through August 26, 2022.
CDC Prepares to Modify Suspension on Import of Dogs from High-Risk Countries for Rabies
The Centers for Disease Control and Prevention (CDC) announced new rules for the import of dogs from countries that are designated as high-risk for rabies. The CDC states that while the agency is “modifying the terms of the suspension to allow more dog importations, a suspension remains necessary to protect the public's health against the reintroduction of the canine rabies virus variant (CRVV) into the United States.” The new rules become effective on June 10, 2022.
International Updates
Irish Government Agencies Working to Resolve Problems Identified at Sheep Knackeries
Ireland’s Department of Agriculture, Food and the Marine (DAFM) reported its discovery of problems relating to staff shortages and treatment of fallen sheep at knackeries in southeast Ireland, including the refusal by some knackeries to collect fallen sheep in compliance with the European Union’s Fallen Animals Scheme. The DAFM is reportedly working with the Animal Collectors Association and the Department of Enterprise Trade and Employment to resolve the noncompliance.
Other Updates
Carl Icahn Loses Fight Against McDonald’s Over Pig Welfare
Only 1% of McDonald’s shareholders voted to support the efforts of billionaire activist investor Carl Icahn, in his fight with McDonald’s to improve the treatment of pigs in the fast-food company’s supply chain. Voters reelected all twelve of McDonald’s directors instead of choosing Icahn’s nominees whom, Icahn claimed, would have helped the company launch a stronger animal welfare and sustainability program, including by phasing out the use of gestation crates for pregnant pigs.
The US Edition of the Animal Law Digest is published weekly with the support of the Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School.