Physicians Committee for Responsible Medicine (PCRM) sued the San Francisco Bay Area Rapid Transit District (BART) alleging BART violated the First and Fourteenth Amendments when it refused to allow PCRM to use paid advertising space to raise awareness about monkey experiments conducted by Neuralink Corporation––a company co-founded by Elon Musk. Plaintiff seeks declaratory and injunctive relief.
Issue 144
This Week's Spotlights
Advocacy Group Sues California Transit District for Denying Paid Advertising About Monkey Experiments
Advocacy Group Sues Poultry Producer to Stop Unlawful Treatment of Chicks
Animal Equality filed a lawsuit against Foster Poultry Farms (“Foster Farms”), the largest poultry producer on the West Coast, in relation to the animal protection organization’s undercover investigation that revealed acts of crushing, drowning, and mutilation of chicks in apparent violation of California’s cruelty to animals laws. The lawsuit seeks a court order prohibiting Foster Farms from engaging in business practices that violate California law. Animal Equality is represented by Advancing Law for Animals.
Animal Equality filed a lawsuit against Foster Poultry Farms (“Foster Farms”), the largest poultry producer on the West Coast, in relation to the animal protection organization’s undercover investigation that revealed acts of crushing, drowning, and mutilation of chicks in apparent violation of California’s cruelty to animals laws. The lawsuit seeks a court order prohibiting Foster Farms from engaging in business practices that violate California law. Animal Equality is represented by Advancing Law for Animals.
U.S. FWS Rescinds Trump-Era Rule that Limited Habitat Protection for Listed Species
The U.S. Fish and Wildlife Service (FWS) rescinded a Trump-era rule that restricted the definition of “habitat” to areas where a species currently is found. The agency instead is resuming use of the previous definition that includes areas where a species could rebound in the future. FWS found that use of the restrictive definition was at odds with the purpose and intent of the Endangered Species Act as critical habitats for threatened and endangered species diminish due to development, pollution, and climate change. The rule change is effective July 25, 2022.
The U.S. Fish and Wildlife Service (FWS) rescinded a Trump-era rule that restricted the definition of “habitat” to areas where a species currently is found. The agency instead is resuming use of the previous definition that includes areas where a species could rebound in the future. FWS found that use of the restrictive definition was at odds with the purpose and intent of the Endangered Species Act as critical habitats for threatened and endangered species diminish due to development, pollution, and climate change. The rule change is effective July 25, 2022.
Advocates File Ground-Breaking Case to Liberate Three Elephants from Johannesburg Zoo
Animal Law Reform South Africa, the EMS Foundation, and community leader Chief Stephen Fritz, have applied to the High Court of South Africa in the Gauteng Division, Pretoria, for an order requiring the release of three elephants from the Johannesburg Zoo into a rewilding facility. Leading global elephant experts have opined that the conditions at the zoo do not meet the elephants’ basic physical, mental, or emotional needs. The case is the first of its kind in South Africa.
Animal Law Reform South Africa, the EMS Foundation, and community leader Chief Stephen Fritz, have applied to the High Court of South Africa in the Gauteng Division, Pretoria, for an order requiring the release of three elephants from the Johannesburg Zoo into a rewilding facility. Leading global elephant experts have opined that the conditions at the zoo do not meet the elephants’ basic physical, mental, or emotional needs. The case is the first of its kind in South Africa.
Legislative Updates
Pending Federal Actions
Bill Would Create Grant Program to Provide Housing for Unhoused Individuals with Pets
House Resolution 8074, the “Providing for Unhoused People with Pets Act of 2022,” would establish a grant program to upgrade structures to serve as interim and permanent housing for unhoused individuals with pets. The bill was introduced by Representative Jason Crow and has been referred to the House Committee on Financial Services.
House Resolution 8074, the “Providing for Unhoused People with Pets Act of 2022,” would establish a grant program to upgrade structures to serve as interim and permanent housing for unhoused individuals with pets. The bill was introduced by Representative Jason Crow and has been referred to the House Committee on Financial Services.
Pending State Actions
Delaware Bill Would Require Family Law Judges to Consider Whether an Animal is a Service Animal When Determining Division of Property in Divorce Cases
Delaware House Bill 486 would amend the state’s family laws to require courts to consider whether a companion animal is a service animal or emotional support animal when determining division of property in a divorce. The bill has been referred to the House Judiciary Committee.
Delaware House Bill 486 would amend the state’s family laws to require courts to consider whether a companion animal is a service animal or emotional support animal when determining division of property in a divorce. The bill has been referred to the House Judiciary Committee.
Delaware Bill Would Increase Criminal Penalties for Individuals who Help Facilitate Animal Fighting and Baiting
Delaware Senate Bill 331-1 would increase penalties for certain activities relating to animal fighting and baiting. The bill has been referred to the Senate Environment & Energy Committee.
Delaware Senate Bill 331-1 would increase penalties for certain activities relating to animal fighting and baiting. The bill has been referred to the Senate Environment & Energy Committee.
Case Law Updates
Federal Case Law Updates
Shoshone Tribe Files Ninth Circuit Appeal in Hunting Rights Lawsuit
The Northwestern Band of the Shoshone Nation filed a brief asking the Ninth Circuit to overturn an Idaho district court ruling that found the tribe does not have treaty rights to hunt and fish in its aboriginal lands. The Northwestern Band claims that the language of the treaty “reserves and guarantees the Tribe's hunting right on the unoccupied lands of the United States that were previously the Tribe's ancestral land."
The Northwestern Band of the Shoshone Nation filed a brief asking the Ninth Circuit to overturn an Idaho district court ruling that found the tribe does not have treaty rights to hunt and fish in its aboriginal lands. The Northwestern Band claims that the language of the treaty “reserves and guarantees the Tribe's hunting right on the unoccupied lands of the United States that were previously the Tribe's ancestral land."
Environmental Groups and Native American Tribe Intend to Sue Over Fish-Farm Approval
The Center for Food Safety, on behalf of a number of environmental groups and the Quinault Indian Nation, delivered a sixty-day notice of intent to sue the U.S. Army Corps of Engineers for violating the Endangered Species Act (ESA) by issuing a permit authorizing certain finfish aquaculture activities. The coalition claims the Corps unlawfully determined that the permit would have no effect under the ESA, thus finding that programmatic ESA consultation was not required.
The Center for Food Safety, on behalf of a number of environmental groups and the Quinault Indian Nation, delivered a sixty-day notice of intent to sue the U.S. Army Corps of Engineers for violating the Endangered Species Act (ESA) by issuing a permit authorizing certain finfish aquaculture activities. The coalition claims the Corps unlawfully determined that the permit would have no effect under the ESA, thus finding that programmatic ESA consultation was not required.
Center for Biological Diversity Sues to Protect Arizona Snakes
The Center for Biological Diversity (CBD) sued the U.S. Fish and Wildlife Service for refusing to protect the Tucson shovel-nosed snake under the Endangered Species Act. CBD is seeking declaratory and injunctive relief.
The Center for Biological Diversity (CBD) sued the U.S. Fish and Wildlife Service for refusing to protect the Tucson shovel-nosed snake under the Endangered Species Act. CBD is seeking declaratory and injunctive relief.
Advocacy Group Sues California Transit District for Denying Paid Advertising About Monkey Experiments
Physicians Committee for Responsible Medicine (PCRM) sued the San Francisco Bay Area Rapid Transit District (BART) alleging BART violated the First and Fourteenth Amendments when it refused to allow PCRM to use paid advertising space to raise awareness about monkey experiments conducted by Neuralink Corporation––a company co-founded by Elon Musk. Plaintiff seeks declaratory and injunctive relief.
Physicians Committee for Responsible Medicine (PCRM) sued the San Francisco Bay Area Rapid Transit District (BART) alleging BART violated the First and Fourteenth Amendments when it refused to allow PCRM to use paid advertising space to raise awareness about monkey experiments conducted by Neuralink Corporation––a company co-founded by Elon Musk. Plaintiff seeks declaratory and injunctive relief.
State Case Law Updates
Advocacy Group Sues Poultry Producer to Stop Unlawful Treatment of Chicks
Animal Equality filed a lawsuit against Foster Poultry Farms (“Foster Farms”), the largest poultry producer on the West Coast, in relation to the animal protection organization’s undercover investigation that revealed acts of crushing, drowning, and mutilation of chicks in apparent violation of California’s cruelty to animals laws. The lawsuit seeks a court order prohibiting Foster Farms from engaging in business practices that violate California law. Animal Equality is represented by Advancing Law for Animals.
Animal Equality filed a lawsuit against Foster Poultry Farms (“Foster Farms”), the largest poultry producer on the West Coast, in relation to the animal protection organization’s undercover investigation that revealed acts of crushing, drowning, and mutilation of chicks in apparent violation of California’s cruelty to animals laws. The lawsuit seeks a court order prohibiting Foster Farms from engaging in business practices that violate California law. Animal Equality is represented by Advancing Law for Animals.
Agency Updates
USDA Seeks Nominations for Areas Subject to Food Supply Veterinary Shortages
The U.S. Department of Agriculture’s National Institute of Food and Agriculture (NIFA) is soliciting nominations of veterinary service shortage situations for the Veterinary Medicine Loan Repayment Program under the National Veterinary Medical Services Act. The program offers loan repayment assistance for veterinarians who are willing to help ameliorate shortages in food supply veterinary services.
The U.S. Department of Agriculture’s National Institute of Food and Agriculture (NIFA) is soliciting nominations of veterinary service shortage situations for the Veterinary Medicine Loan Repayment Program under the National Veterinary Medical Services Act. The program offers loan repayment assistance for veterinarians who are willing to help ameliorate shortages in food supply veterinary services.
National Marine Fisheries Service Considers Exempted Fishing Permit Application
The National Marine Fisheries Service (NMFS) announced receipt of an application for an exempted fishing permit from Sustainable Seas Technology, LLC that would authorize the applicant to deploy modified black sea bass pots with Subsea Buoy Retrieval Systems off the coast of North Carolina, South Carolina, Florida, and Georgia. NMFS is accepting public comments on the permit application through July 8, 2022.
The National Marine Fisheries Service (NMFS) announced receipt of an application for an exempted fishing permit from Sustainable Seas Technology, LLC that would authorize the applicant to deploy modified black sea bass pots with Subsea Buoy Retrieval Systems off the coast of North Carolina, South Carolina, Florida, and Georgia. NMFS is accepting public comments on the permit application through July 8, 2022.
U.S. FWS Rescinds Trump-Era Rule that Limited Habitat Protection for Listed Species
The U.S. Fish and Wildlife Service (FWS) rescinded a Trump-era rule that restricted the definition of “habitat” to areas where a species currently is found. The agency instead is resuming use of the previous definition that includes areas where a species could rebound in the future. FWS found that use of the restrictive definition was at odds with the purpose and intent of the Endangered Species Act as critical habitats for threatened and endangered species diminish due to development, pollution, and climate change. The rule change is effective July 25, 2022.
The U.S. Fish and Wildlife Service (FWS) rescinded a Trump-era rule that restricted the definition of “habitat” to areas where a species currently is found. The agency instead is resuming use of the previous definition that includes areas where a species could rebound in the future. FWS found that use of the restrictive definition was at odds with the purpose and intent of the Endangered Species Act as critical habitats for threatened and endangered species diminish due to development, pollution, and climate change. The rule change is effective July 25, 2022.
USDA Issues Public Health Alert for Improperly Imported Catfish Stew
The U.S. Department of Agriculture’s Food Safety and Inspection Service issued a public health alert for Siluriformes products that were improperly imported from Korea, a nation that is ineligible to export catfish to the United States. The products were imported by New Jersey-based Grand BK Corporation and are no longer available for purchase.
The U.S. Department of Agriculture’s Food Safety and Inspection Service issued a public health alert for Siluriformes products that were improperly imported from Korea, a nation that is ineligible to export catfish to the United States. The products were imported by New Jersey-based Grand BK Corporation and are no longer available for purchase.
USDA Agrees Bolivia and UK’s Jersey Region Are Negligible Risk for Mad Cow Disease
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service announced that it concurs with the World Organization for Animal Health’s designation of Bolivia and the United Kingdom’s Jersey region as presenting “negligible” risk for bovine spongiform encephalopathy.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service announced that it concurs with the World Organization for Animal Health’s designation of Bolivia and the United Kingdom’s Jersey region as presenting “negligible” risk for bovine spongiform encephalopathy.
North Carolina Researcher Seeks Permit to Research Penguins in Antarctica
The National Science Foundation (NSF) published notice that Dr. Steve Emslie of the University of North Carolina has applied for an Antarctic Conservation Act permit to conduct research on Adelie penguins. The NSF is accepting public comments on the permit application through July 25, 2022.
The National Science Foundation (NSF) published notice that Dr. Steve Emslie of the University of North Carolina has applied for an Antarctic Conservation Act permit to conduct research on Adelie penguins. The NSF is accepting public comments on the permit application through July 25, 2022.
International Updates
Advocates File Ground-Breaking Case to Liberate Three Elephants from Johannesburg Zoo
Animal Law Reform South Africa, the EMS Foundation, and community leader Chief Stephen Fritz, have applied to the High Court of South Africa in the Gauteng Division, Pretoria, for an order requiring the release of three elephants from the Johannesburg Zoo into a rewilding facility. Leading global elephant experts have opined that the conditions at the zoo do not meet the elephants’ basic physical, mental, or emotional needs. The case is the first of its kind in South Africa.
Animal Law Reform South Africa, the EMS Foundation, and community leader Chief Stephen Fritz, have applied to the High Court of South Africa in the Gauteng Division, Pretoria, for an order requiring the release of three elephants from the Johannesburg Zoo into a rewilding facility. Leading global elephant experts have opined that the conditions at the zoo do not meet the elephants’ basic physical, mental, or emotional needs. The case is the first of its kind in South Africa.