New Jersey Assembly Bill 4243 would establish certain shellfish aquaculture activities as eligible for Right to Farm Act protections. The bill has been referred to the Assembly Committee on Agriculture and Food Security.
This Week's Spotlights
Pending State Actions
New Jersey Bill Would Extend Right to Farm Act Protections to Certain Aquaculture Activities
Case Law Updates
Conservation Groups Sue Biden Administration for Oil and Gas Drilling Permits
The Center for Biological Diversity and WildEarth Guardians sued the Bureau of Land Management for issuing more than 3,500 oil and gas drilling permits in New Mexico and Wyoming in violation of the Endangered Species Act, the National Environmental Policy Act, and the Federal Land Policy and Management Act. Plaintiffs argue that the approved wells will worsen the climate crisis, damage ecosystems across the United States, and harm more than 150 climate-imperiled species, including Hawaiian songbirds, polar bears, and coral reefs.
The Center for Biological Diversity and WildEarth Guardians sued the Bureau of Land Management for issuing more than 3,500 oil and gas drilling permits in New Mexico and Wyoming in violation of the Endangered Species Act, the National Environmental Policy Act, and the Federal Land Policy and Management Act. Plaintiffs argue that the approved wells will worsen the climate crisis, damage ecosystems across the United States, and harm more than 150 climate-imperiled species, including Hawaiian songbirds, polar bears, and coral reefs.
Costco Shareholders Sue Executives for Neglect of Chickens
Two Costco shareholders filed a derivative action against company executives for violating their fiduciary duty and facilitating the company’s violations of Nebraska and Iowa laws against livestock neglect. The complaint alleges that chickens used by Costco are bred to grow to the point that they are unable to stand under their own weight and are rendered unable to access food or water. Plaintiffs are represented by Adam Karp and Legal Impact for Chickens, and conditions were revealed by an undercover investigation conducted by Mercy for Animals.
Two Costco shareholders filed a derivative action against company executives for violating their fiduciary duty and facilitating the company’s violations of Nebraska and Iowa laws against livestock neglect. The complaint alleges that chickens used by Costco are bred to grow to the point that they are unable to stand under their own weight and are rendered unable to access food or water. Plaintiffs are represented by Adam Karp and Legal Impact for Chickens, and conditions were revealed by an undercover investigation conducted by Mercy for Animals.
International Updates
Advocacy Groups Urge Global Negotiators to Stop Human-Caused Species Extinctions
More than one hundred animal welfare, conservation, and other organizations from five continents delivered an open letter to officials headed to a global biodiversity meeting urging them to halt human-caused extinctions of species. Groups including Born Free Foundation, Humane Society International, Center for Biological Diversity, Natural Resources Defense Council, and WildAid delivered the correspondence, as parties to the Convention on Biological Diversity were set to resume negotiations in Nairobi, Kenya, on June 21, 2022.
More than one hundred animal welfare, conservation, and other organizations from five continents delivered an open letter to officials headed to a global biodiversity meeting urging them to halt human-caused extinctions of species. Groups including Born Free Foundation, Humane Society International, Center for Biological Diversity, Natural Resources Defense Council, and WildAid delivered the correspondence, as parties to the Convention on Biological Diversity were set to resume negotiations in Nairobi, Kenya, on June 21, 2022.
Legislative Updates
Pending Federal Actions
House Passes Wildlife Protection Act
House Resolution 2773, a wildlife protection measure that would pay $1.3 billion to states, territories, and tribes to accelerate the recovery of threatened and endangered species, passed the House with a bipartisan vote of 231-190. The bill has moved on to the U.S. Senate for consideration, where its companion bill was introduced by Senators Martin Heinrich and Roy Blunt.
House Resolution 2773, a wildlife protection measure that would pay $1.3 billion to states, territories, and tribes to accelerate the recovery of threatened and endangered species, passed the House with a bipartisan vote of 231-190. The bill has moved on to the U.S. Senate for consideration, where its companion bill was introduced by Senators Martin Heinrich and Roy Blunt.
Bill Would Amend the Endangered Species Act
House Resolution 8136 would amend the Endangered Species Act to provide for protective regulations when a species is listed as an endangered species. The bill text has not yet been made publicly available. The bill was introduced by Representative Pete Stauber and has been referred to the House Committee on Natural Resources.
House Resolution 8136 would amend the Endangered Species Act to provide for protective regulations when a species is listed as an endangered species. The bill text has not yet been made publicly available. The bill was introduced by Representative Pete Stauber and has been referred to the House Committee on Natural Resources.
Pending State Actions
New Jersey Bill Would Extend Right to Farm Act Protections to Certain Aquaculture Activities
New Jersey Assembly Bill 4243 would establish certain shellfish aquaculture activities as eligible for Right to Farm Act protections. The bill has been referred to the Assembly Committee on Agriculture and Food Security.
New Jersey Assembly Bill 4243 would establish certain shellfish aquaculture activities as eligible for Right to Farm Act protections. The bill has been referred to the Assembly Committee on Agriculture and Food Security.
New Jersey Bill Would Establish Additional Oversight Requirements for Animal Shelters
New Jersey Senate Bill 2853 would establish additional requirements for operation and oversight of animal shelters, pounds, and kennels operating as shelters or pounds. The bill has been referred to the Senate Environment and Energy Committee.
New Jersey Senate Bill 2853 would establish additional requirements for operation and oversight of animal shelters, pounds, and kennels operating as shelters or pounds. The bill has been referred to the Senate Environment and Energy Committee.
Rhode Island Bill Would Allow EMS Teams to Treat and Transport Injured Police Dogs
Rhode Island Senate Bill 3019 would provide for the treatment and transport of injured police dogs by EMS teams. The bill has been referred to the Senate Judiciary Committee.
Rhode Island Senate Bill 3019 would provide for the treatment and transport of injured police dogs by EMS teams. The bill has been referred to the Senate Judiciary Committee.
Delaware Bill Would Impose Mandatory Minimum Incarceration for Animal Fighting
Delaware Senate Bill 331 would impose a mandatory minimum sentence of six months in jail for animal fighting and baiting. The bill has been referred to the Senate Environment and Energy Committee.
Delaware Senate Bill 331 would impose a mandatory minimum sentence of six months in jail for animal fighting and baiting. The bill has been referred to the Senate Environment and Energy Committee.
Pennsylvania Bill Would Impose New Requirements for Dog Licensing and Kenneling
Pennsylvania Senate Bill 1289 would amend the Pennsylvania Dog Law with new provisions relating to dog licensing and kenneling. The bill has been referred to the Senate Committee on Agriculture and Rural Affairs.
Pennsylvania Senate Bill 1289 would amend the Pennsylvania Dog Law with new provisions relating to dog licensing and kenneling. The bill has been referred to the Senate Committee on Agriculture and Rural Affairs.
Case Law Updates
Federal Case Law Updates
Army Corps of Engineers Faces Litigation for Puerto Rico Dredging Project
The Center for Biological Diversity (CBD) delivered a sixty-day notice of intent to sue the U.S. Army Corps of Engineers for violating the Endangered Species Act by pursuing a dredging project to expand the San Juan Bay shipping channel without preparing an environmental impact statement. According to CBD, both the dredging project and the resultant passage of mega vessels would harm numerous protected species.
The Center for Biological Diversity (CBD) delivered a sixty-day notice of intent to sue the U.S. Army Corps of Engineers for violating the Endangered Species Act by pursuing a dredging project to expand the San Juan Bay shipping channel without preparing an environmental impact statement. According to CBD, both the dredging project and the resultant passage of mega vessels would harm numerous protected species.
Conservation Groups Sue Biden Administration for Oil and Gas Drilling Permits
The Center for Biological Diversity and WildEarth Guardians sued the Bureau of Land Management for issuing more than 3,500 oil and gas drilling permits in New Mexico and Wyoming in violation of the Endangered Species Act, the National Environmental Policy Act, and the Federal Land Policy and Management Act. Plaintiffs argue that the approved wells will worsen the climate crisis, damage ecosystems across the United States, and harm more than 150 climate-imperiled species, including Hawaiian songbirds, polar bears, and coral reefs.
The Center for Biological Diversity and WildEarth Guardians sued the Bureau of Land Management for issuing more than 3,500 oil and gas drilling permits in New Mexico and Wyoming in violation of the Endangered Species Act, the National Environmental Policy Act, and the Federal Land Policy and Management Act. Plaintiffs argue that the approved wells will worsen the climate crisis, damage ecosystems across the United States, and harm more than 150 climate-imperiled species, including Hawaiian songbirds, polar bears, and coral reefs.
NOAA Faces Litigation for Failing to Designate Coral Habitats
The Center for Biological Diversity (CBD) delivered a sixty-day notice of intent to sue the National Oceanic and Atmospheric Administration, through the National Marine Fisheries Service, for violating the Endangered Species Act by failing to finalize critical habitat designations for five species of Florida and Caribbean corals. According to CBD, this failure deprives the species of important protections and puts them at further risk of extinction.
The Center for Biological Diversity (CBD) delivered a sixty-day notice of intent to sue the National Oceanic and Atmospheric Administration, through the National Marine Fisheries Service, for violating the Endangered Species Act by failing to finalize critical habitat designations for five species of Florida and Caribbean corals. According to CBD, this failure deprives the species of important protections and puts them at further risk of extinction.
State Case Law Updates
Costco Shareholders Sue Executives for Neglect of Chickens
Two Costco shareholders filed a derivative action against company executives for violating their fiduciary duty and facilitating the company’s violations of Nebraska and Iowa laws against livestock neglect. The complaint alleges that chickens used by Costco are bred to grow to the point that they are unable to stand under their own weight and are rendered unable to access food or water. Plaintiffs are represented by Adam Karp and Legal Impact for Chickens, and conditions were revealed by an undercover investigation conducted by Mercy for Animals.
Two Costco shareholders filed a derivative action against company executives for violating their fiduciary duty and facilitating the company’s violations of Nebraska and Iowa laws against livestock neglect. The complaint alleges that chickens used by Costco are bred to grow to the point that they are unable to stand under their own weight and are rendered unable to access food or water. Plaintiffs are represented by Adam Karp and Legal Impact for Chickens, and conditions were revealed by an undercover investigation conducted by Mercy for Animals.
Agency Updates
Conservation Groups Petition U.S. Fish and Wildlife Service to Protect Amphibians
The Center for Biological Diversity and Defenders of Wildlife petitioned the U.S. Fish and Wildlife Service to protect Hickory Nut Gorge green salamanders under the Endangered Species Act. Scientists estimate that there are only a few hundred of the salamanders left in North Carolina’s Blue Ridge Mountains.
The Center for Biological Diversity and Defenders of Wildlife petitioned the U.S. Fish and Wildlife Service to protect Hickory Nut Gorge green salamanders under the Endangered Species Act. Scientists estimate that there are only a few hundred of the salamanders left in North Carolina’s Blue Ridge Mountains.
USDA Announces Recall of Nearly Ten Thousand Pounds of Catfish Products
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced the recall of 9,370 pounds of Siluriformes (a family of fish including catfish) products that were improperly imported from China by California-based Yumei Foods USA, Inc. China is ineligible to export processed Siluriformes products to the United States.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced the recall of 9,370 pounds of Siluriformes (a family of fish including catfish) products that were improperly imported from China by California-based Yumei Foods USA, Inc. China is ineligible to export processed Siluriformes products to the United States.
USDA Announces End of Salmonella Sampling for Certain Raw Fish Products
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that it no longer will be sampling for Salmonella in domestic or imported raw Siluriformes fish products.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that it no longer will be sampling for Salmonella in domestic or imported raw Siluriformes fish products.
U.S. FWS Proposes New Regulations for Hunting Migratory Birds on Certain Tribal Lands
The U.S. Fish and Wildlife Service (FWS) announced its intent to promulgate special rules relating to migratory bird hunting for certain tribes on Federal Indian reservations. FWS is accepting public comment through July 14, 2022.
The U.S. Fish and Wildlife Service (FWS) announced its intent to promulgate special rules relating to migratory bird hunting for certain tribes on Federal Indian reservations. FWS is accepting public comment through July 14, 2022.
Federal Agencies Consider Permit Application for Incidental Harassment of Multiple Protected Species
The National Marine Fisheries Service announced its receipt of an incidental take permit application submitted by Port Blakely, Clackamas County, Oregon, for harming and harassing protected species of salmon and steelhead incidental to timber harvesting, silviculture, and road management over the next fifty years. The U.S. Fish and Wildlife Service also is considering the application as it applies to Endangered Species Act-protected species of fish, wolves, birds, amphibians, reptiles, and bats.
The National Marine Fisheries Service announced its receipt of an incidental take permit application submitted by Port Blakely, Clackamas County, Oregon, for harming and harassing protected species of salmon and steelhead incidental to timber harvesting, silviculture, and road management over the next fifty years. The U.S. Fish and Wildlife Service also is considering the application as it applies to Endangered Species Act-protected species of fish, wolves, birds, amphibians, reptiles, and bats.
FDA Proposes Information Collection about Sanitary Transport of Human and Animal Food
The U.S. Food and Drug Administration (FDA) announced a proposed information collection about the sanitary transport of animal and human food. FDA will be accepting public comments on the proposed collection of information through July 15, 2022.
The U.S. Food and Drug Administration (FDA) announced a proposed information collection about the sanitary transport of animal and human food. FDA will be accepting public comments on the proposed collection of information through July 15, 2022.
Lizard Will be Protected While California Agency Considers Permanent Protections
The California Department of Fish and Game determined that the Temblor legless lizard may warrant protection under the state’s Endangered Species Act, following its receipt of a petition submitted by the Center for Biological Diversity. The lizard will have legal protection as a candidate species during the state agency's twelve-month status review period.
The California Department of Fish and Game determined that the Temblor legless lizard may warrant protection under the state’s Endangered Species Act, following its receipt of a petition submitted by the Center for Biological Diversity. The lizard will have legal protection as a candidate species during the state agency's twelve-month status review period.
National Marine Fisheries Service Announces Issuance of Multiple Federal Permits
The National Marine Fisheries Service announced the issuance of permits under the Marine Mammal Protection Act and Endangered Species Act to: Randall Wells of Chicago Zoological Society’s Sarasota Dolphin Research Program, Robin Baird of Cascadia Research Collective, Jay Rotella of Montana State University, Keith Ellenbogen of Keith Ellenbogen Photography, and Robert DiGiovanni of the Atlantic Marine Conservation Society.
The National Marine Fisheries Service announced the issuance of permits under the Marine Mammal Protection Act and Endangered Species Act to: Randall Wells of Chicago Zoological Society’s Sarasota Dolphin Research Program, Robin Baird of Cascadia Research Collective, Jay Rotella of Montana State University, Keith Ellenbogen of Keith Ellenbogen Photography, and Robert DiGiovanni of the Atlantic Marine Conservation Society.
Advocacy Group Petitions NMFS to List Hammerhead Sharks
The Center for Biological Diversity (CBD) submitted a petition for rulemaking to the National Marine Fisheries Service (NMFS) urging NMFS to protect the great hammerhead shark under the Endangered Species Act. CBD claims that the distinctive shark’s global population has declined more than 80% in the past seven decades.
The Center for Biological Diversity (CBD) submitted a petition for rulemaking to the National Marine Fisheries Service (NMFS) urging NMFS to protect the great hammerhead shark under the Endangered Species Act. CBD claims that the distinctive shark’s global population has declined more than 80% in the past seven decades.
Property Developer Applies to U.S. FWS for Authorization to Take Reptiles
Park Square Enterprises applied to the U.S. Fish and Wildlife Service (FWS) for an incidental take permit (ITP) that would allow the developer to take protected sand skinks incidental to a residential construction project in Lake County, Florida. FWS is accepting public comments on the ITP application through July 18, 2022.
Park Square Enterprises applied to the U.S. Fish and Wildlife Service (FWS) for an incidental take permit (ITP) that would allow the developer to take protected sand skinks incidental to a residential construction project in Lake County, Florida. FWS is accepting public comments on the ITP application through July 18, 2022.
Alaska-Based Group Seeks Permission to Conduct Research on Pinnipeds
The St. George Traditional Council applied to the National Marine Fisheries Service (NMFS) for a Marine Mammal Protection Act permit to conduct research on northern fur seals, Stellar sea lions, and harbor seals. NMFS will accept public comments on the permit application through July 18, 2022.
The St. George Traditional Council applied to the National Marine Fisheries Service (NMFS) for a Marine Mammal Protection Act permit to conduct research on northern fur seals, Stellar sea lions, and harbor seals. NMFS will accept public comments on the permit application through July 18, 2022.
International Updates
Trade Body Recommends Exploring U.S. Activities to Protect Right Whales
The Secretariat of the Commission for Environmental Cooperation (CEC) recommended that the CEC Council open an investigation into the United States’ enforcement of laws meant to safeguard the North Atlantic right whale, a highly endangered whale species. The Secretariat noted that an investigation could illuminate whether the U.S. is effectively enforcing rules regarding vessel speeds and fishing gear regulations, both of which lead to whale injuries and deaths. The CEC Council likely will vote on authorizing this recommendation within 60 business days.
The Secretariat of the Commission for Environmental Cooperation (CEC) recommended that the CEC Council open an investigation into the United States’ enforcement of laws meant to safeguard the North Atlantic right whale, a highly endangered whale species. The Secretariat noted that an investigation could illuminate whether the U.S. is effectively enforcing rules regarding vessel speeds and fishing gear regulations, both of which lead to whale injuries and deaths. The CEC Council likely will vote on authorizing this recommendation within 60 business days.
Advocacy Groups Urge Global Negotiators to Stop Human-Caused Species Extinctions
More than one hundred animal welfare, conservation, and other organizations from five continents delivered an open letter to officials headed to a global biodiversity meeting urging them to halt human-caused extinctions of species. Groups including Born Free Foundation, Humane Society International, Center for Biological Diversity, Natural Resources Defense Council, and WildAid delivered the correspondence, as parties to the Convention on Biological Diversity were set to resume negotiations in Nairobi, Kenya, on June 21, 2022.
More than one hundred animal welfare, conservation, and other organizations from five continents delivered an open letter to officials headed to a global biodiversity meeting urging them to halt human-caused extinctions of species. Groups including Born Free Foundation, Humane Society International, Center for Biological Diversity, Natural Resources Defense Council, and WildAid delivered the correspondence, as parties to the Convention on Biological Diversity were set to resume negotiations in Nairobi, Kenya, on June 21, 2022.