A federal judge approved an agreement which settles Endangered Species Act (ESA) litigation brought by the Center for Biological Diversity and Maricopa Audubon Society against the U.S. Fish & Wildlife Service and the U.S. Bureau of Land Management, challenging the approval of livestock grazing in critical habitat for protected species. The terms of the agreement will protect critical habitat for threatened and endangered species from cattle grazing in southeastern Arizona’s Gila Box Riparian National Conservation Area.
This Week's Spotlights
Federal Court Case Law Updates
Conservation Groups Settle ESA Litigation Over Livestock Grazing in Conservation Area
Conservation Groups File Lawsuit to Protect Grizzly Bear Habitat from Livestock Grazing
Nine conservation organizations filed a lawsuit against the U.S. Forest Service (USFS) and U.S. Fish & Wildlife Service (FWS) challenging USFS’ 2021 decision to authorize expanded livestock grazing on six allotments on the east side of Montana’s Paradise Valley, an occupied grizzly bear habitat north of Yellowstone National Park. Plaintiffs, who are represented by Western Environmental Law Center, are seeking declaratory judgment, injunctive relief, and an order remanding the decision to USFS and FWS with instructions to comply with the National Environmental Policy Act and the Endangered Species Act.
Nine conservation organizations filed a lawsuit against the U.S. Forest Service (USFS) and U.S. Fish & Wildlife Service (FWS) challenging USFS’ 2021 decision to authorize expanded livestock grazing on six allotments on the east side of Montana’s Paradise Valley, an occupied grizzly bear habitat north of Yellowstone National Park. Plaintiffs, who are represented by Western Environmental Law Center, are seeking declaratory judgment, injunctive relief, and an order remanding the decision to USFS and FWS with instructions to comply with the National Environmental Policy Act and the Endangered Species Act.
State Court Case Law Updates
North Carolina Animal Agriculture Industry Challenges State Waste Permitting Process
North Carolina Farm Bureau Federation, Inc. petitioned the state appeals court to review a lower court decision reinstating three conditions to the animal waste permitting process that farmers contend are “unnecessary,” “burdensome,” and an invasion of their business operations. The group, which advocates for North Carolina's farmers, argued that the changes should have been introduced through a formal rulemaking process.
North Carolina Farm Bureau Federation, Inc. petitioned the state appeals court to review a lower court decision reinstating three conditions to the animal waste permitting process that farmers contend are “unnecessary,” “burdensome,” and an invasion of their business operations. The group, which advocates for North Carolina's farmers, argued that the changes should have been introduced through a formal rulemaking process.
Agency Updates
FWS Announces Opening of Hunting and Fishing on Multiple National Wildlife Refuges
The U.S. Fish & Wildlife Service (FWS) announced that it is opening two National Wildlife Refuges (NWRs) to hunting and sport fishing effective September 15, 2022. In addition, FWS is opening or expanding hunting or sport fishing at sixteen other NWRs and making changes to existing regulations in order to increase access for hunters and anglers on FWS-managed lands and waters.
The U.S. Fish & Wildlife Service (FWS) announced that it is opening two National Wildlife Refuges (NWRs) to hunting and sport fishing effective September 15, 2022. In addition, FWS is opening or expanding hunting or sport fishing at sixteen other NWRs and making changes to existing regulations in order to increase access for hunters and anglers on FWS-managed lands and waters.
FWS Seeks Public Input on Wildlife IACUC Information Collection
The U.S. Fish & Wildlife Service (FWS) announced that it is accepting public comments on a proposed information collection relating to the Institutional Animal Care and Use Committee that FWS is establishing to oversee the treatment of wildlife in experiments and population management. The public comment period is open through November 15, 2022.
The U.S. Fish & Wildlife Service (FWS) announced that it is accepting public comments on a proposed information collection relating to the Institutional Animal Care and Use Committee that FWS is establishing to oversee the treatment of wildlife in experiments and population management. The public comment period is open through November 15, 2022.
International Updates
Zimbabwe Authorizes Relocation of More than 2,500 Drought-Affected Wild Animals
Zimbabwe National Parks and Wildlife Management Authority issued permits authorizing the first mass internal movement of wildlife in the country in more than sixty years. “Project Rewild Zambezi,” is relocating more than 2,500 animals from a southern reserve to one in the north to rescue elephants, lions, giraffes, zebras, impalas, buffaloes, wildebeest, elands, wild dogs, and other animals from extreme drought.
Zimbabwe National Parks and Wildlife Management Authority issued permits authorizing the first mass internal movement of wildlife in the country in more than sixty years. “Project Rewild Zambezi,” is relocating more than 2,500 animals from a southern reserve to one in the north to rescue elephants, lions, giraffes, zebras, impalas, buffaloes, wildebeest, elands, wild dogs, and other animals from extreme drought.
Legislative Updates
Pending Federal Actions
Bill Would Align Public Land Management with Environmental Protection Goals
House Resolution 8802 would require the Secretary of the Interior and the Chief of the Forest Service to further protect ecosystems, wildlife habitats, ocean health, and conserve marine resources in their management of public lands and waters. The bill was introduced by Representative Raul Grijalva and has been referred to the House Agriculture Committee and the House Committee on Natural Resources.
House Resolution 8802 would require the Secretary of the Interior and the Chief of the Forest Service to further protect ecosystems, wildlife habitats, ocean health, and conserve marine resources in their management of public lands and waters. The bill was introduced by Representative Raul Grijalva and has been referred to the House Agriculture Committee and the House Committee on Natural Resources.
Pending State Actions
Nevada Bill Would Revise State Animal Cruelty Laws
Nevada Assembly Bill 71 would revise provisions governing crimes relating to cruelty to animals. The bill text and committee assignment have not yet been made publicly available.
Nevada Assembly Bill 71 would revise provisions governing crimes relating to cruelty to animals. The bill text and committee assignment have not yet been made publicly available.
Michigan Bill Would Allow the Sale of Unclaimed Livestock After Sixty Days
Michigan Senate Bill 1164 would modify the hold period for abandoned livestock and allow the enforcement of liens and sales of livestock after sixty days. The bill has been referred to the Senate Committee on Agriculture.
Michigan Senate Bill 1164 would modify the hold period for abandoned livestock and allow the enforcement of liens and sales of livestock after sixty days. The bill has been referred to the Senate Committee on Agriculture.
New Jersey Bill Would Establish Financial Assistance for New Farmers
New Jersey Assembly Bill 4645 would require the New Jersey Economic Development Authority to assist beginning farmers in financing capital purchases. The bill has been referred to the Assembly Agriculture and Food Security Committee.
New Jersey Assembly Bill 4645 would require the New Jersey Economic Development Authority to assist beginning farmers in financing capital purchases. The bill has been referred to the Assembly Agriculture and Food Security Committee.
New Jersey Bill to Require Mental Health Evaluations for Animal Cruelty Offenders
New Jersey Assembly Bill 4540, cross-filed as Senate Bill 1153, has been reintroduced. The bill, known as “Shyanne’s Law,” would require mental health evaluations for all animal cruelty offenders.
New Jersey Assembly Bill 4540, cross-filed as Senate Bill 1153, has been reintroduced. The bill, known as “Shyanne’s Law,” would require mental health evaluations for all animal cruelty offenders.
New Jersey Bill Would Establish Procedures for Animals Involved in Cruelty Investigations
New Jersey Assembly Bill 4563 would establish procedures for the seizure, care, and forfeiture of animals involved in animal cruelty violations. The text of the bill has not yet been made publicly available.
New Jersey Assembly Bill 4563 would establish procedures for the seizure, care, and forfeiture of animals involved in animal cruelty violations. The text of the bill has not yet been made publicly available.
New Jersey Bill Would Prohibit the Use of Fireworks Adjacent to Animal Shelters
New Jersey Assembly Bill 4564 would prohibit the use of fireworks on properties adjacent to animal shelters, pounds, or kennels. The text of the bill has not yet been made publicly available.
New Jersey Assembly Bill 4564 would prohibit the use of fireworks on properties adjacent to animal shelters, pounds, or kennels. The text of the bill has not yet been made publicly available.
New Jersey Bill Would Provide Free Hunting and Fishing Licenses for Certain Veterans
New Jersey Assembly Bill 4603, cross-filed as Senate Bill 158, would authorize free hunting, fishing, and trapping licenses, and free admission to State parks and forests for disabled veterans and individuals with certain types of military service.
New Jersey Assembly Bill 4603, cross-filed as Senate Bill 158, would authorize free hunting, fishing, and trapping licenses, and free admission to State parks and forests for disabled veterans and individuals with certain types of military service.
Case Law Updates
Federal Court Updates
Ohio Man Sentenced to One Year in Prison for Selling Fraudulent Hunting Leases
Judge Sarah D. Morrison of the U.S. District Court for the Southern District of Ohio sentenced Nathanal Knox to one year and one day in prison with three years of supervised release, and also ordered him to pay $18,037 in restitution after Knox pleaded guilty to wire fraud in connection with his scheme to sell fraudulent hunting leases to dozens of victims.
Judge Sarah D. Morrison of the U.S. District Court for the Southern District of Ohio sentenced Nathanal Knox to one year and one day in prison with three years of supervised release, and also ordered him to pay $18,037 in restitution after Knox pleaded guilty to wire fraud in connection with his scheme to sell fraudulent hunting leases to dozens of victims.
Conservation Groups Settle ESA Litigation Over Livestock Grazing in Conservation Area
A federal judge approved an agreement which settles Endangered Species Act (ESA) litigation brought by the Center for Biological Diversity and Maricopa Audubon Society against the U.S. Fish & Wildlife Service and the U.S. Bureau of Land Management, challenging the approval of livestock grazing in critical habitat for protected species. The terms of the agreement will protect critical habitat for threatened and endangered species from cattle grazing in southeastern Arizona’s Gila Box Riparian National Conservation Area.
A federal judge approved an agreement which settles Endangered Species Act (ESA) litigation brought by the Center for Biological Diversity and Maricopa Audubon Society against the U.S. Fish & Wildlife Service and the U.S. Bureau of Land Management, challenging the approval of livestock grazing in critical habitat for protected species. The terms of the agreement will protect critical habitat for threatened and endangered species from cattle grazing in southeastern Arizona’s Gila Box Riparian National Conservation Area.
Conservation Groups File Lawsuit to Protect Grizzly Bear Habitat from Livestock Grazing
Nine conservation organizations filed a lawsuit against the U.S. Forest Service (USFS) and U.S. Fish & Wildlife Service (FWS) challenging USFS’ 2021 decision to authorize expanded livestock grazing on six allotments on the east side of Montana’s Paradise Valley, an occupied grizzly bear habitat north of Yellowstone National Park. Plaintiffs, who are represented by Western Environmental Law Center, are seeking declaratory judgment, injunctive relief, and an order remanding the decision to USFS and FWS with instructions to comply with the National Environmental Policy Act and the Endangered Species Act.
Nine conservation organizations filed a lawsuit against the U.S. Forest Service (USFS) and U.S. Fish & Wildlife Service (FWS) challenging USFS’ 2021 decision to authorize expanded livestock grazing on six allotments on the east side of Montana’s Paradise Valley, an occupied grizzly bear habitat north of Yellowstone National Park. Plaintiffs, who are represented by Western Environmental Law Center, are seeking declaratory judgment, injunctive relief, and an order remanding the decision to USFS and FWS with instructions to comply with the National Environmental Policy Act and the Endangered Species Act.
Conservation Groups File ESA Suit to Protect West Coast Fishers
The Center for Biological Diversity, the Environmental Protection Information Center, and the Klamath-Siskiyou Wildlands Center sued the U.S. Fish and Wildlife Service (FWS) for denying Endangered Species Act protection to West Coast fishers. FWS previously had determined that fishers warranted protection across the West Coast, but reversed course in 2020 and only protected the species in the southern Sierra Nevada.
The Center for Biological Diversity, the Environmental Protection Information Center, and the Klamath-Siskiyou Wildlands Center sued the U.S. Fish and Wildlife Service (FWS) for denying Endangered Species Act protection to West Coast fishers. FWS previously had determined that fishers warranted protection across the West Coast, but reversed course in 2020 and only protected the species in the southern Sierra Nevada.
Environmental Groups File Notice of Intent to Sue EPA for Failing to Protect Waters from Vessel Discharges
The Center for Biological Diversity (CBD) and Friends of the Earth (FOE) commenced the citizen suit process under the Clean Water Act by providing a legally-required notice of intent to sue the Environmental Protection Agency for failing to finalize nationwide standards to protect U.S. waterways from harmful vessel discharges. CBD and FOE argue that the discharges carry introduced species, pathogens, and other pollutants that pose serious threats to the nation’s waters, ecosystems, economy, and public health.
The Center for Biological Diversity (CBD) and Friends of the Earth (FOE) commenced the citizen suit process under the Clean Water Act by providing a legally-required notice of intent to sue the Environmental Protection Agency for failing to finalize nationwide standards to protect U.S. waterways from harmful vessel discharges. CBD and FOE argue that the discharges carry introduced species, pathogens, and other pollutants that pose serious threats to the nation’s waters, ecosystems, economy, and public health.
Conservation Groups Sue to Protect Endangered Mammal
The Center for Biological Diversity, Maricopa Audubon Society, and the Mount Graham Coalition sued the U.S. Forest Service and the U.S. Fish & Wildlife Service, alleging that the agencies have failed to “protect and ensure the recovery of the critically endangered Mount Graham red squirrel.” The complaint states the species currently is “the rarest and most imperiled mammal in the United States.” Plaintiffs are seeking declaratory judgment and injunctive relief.
The Center for Biological Diversity, Maricopa Audubon Society, and the Mount Graham Coalition sued the U.S. Forest Service and the U.S. Fish & Wildlife Service, alleging that the agencies have failed to “protect and ensure the recovery of the critically endangered Mount Graham red squirrel.” The complaint states the species currently is “the rarest and most imperiled mammal in the United States.” Plaintiffs are seeking declaratory judgment and injunctive relief.
California Argues that Lake Discharges are Necessary to Protect At-Risk Species
The State of California has filed an amicus brief in a dispute over the U.S. government's authority to regularly release water from Upper Klamath Lake in southern Oregon, arguing that the discharges are lawful because they help protect at-risk salmon and an endangered population of killer whales.
The State of California has filed an amicus brief in a dispute over the U.S. government's authority to regularly release water from Upper Klamath Lake in southern Oregon, arguing that the discharges are lawful because they help protect at-risk salmon and an endangered population of killer whales.
State Court Updates
North Carolina Animal Agriculture Industry Challenges State Waste Permitting Process
North Carolina Farm Bureau Federation, Inc. petitioned the state appeals court to review a lower court decision reinstating three conditions to the animal waste permitting process that farmers contend are “unnecessary,” “burdensome,” and an invasion of their business operations. The group, which advocates for North Carolina's farmers, argued that the changes should have been introduced through a formal rulemaking process.
North Carolina Farm Bureau Federation, Inc. petitioned the state appeals court to review a lower court decision reinstating three conditions to the animal waste permitting process that farmers contend are “unnecessary,” “burdensome,” and an invasion of their business operations. The group, which advocates for North Carolina's farmers, argued that the changes should have been introduced through a formal rulemaking process.
Agency Updates
FDA Announces Availability of Final Monkeypox Guidance
The Food and Drug Administration announced the availability of final guidance entitled “Policy for Monkeypox Tests to Address the Public Health Emergency.” The guidance document has been implemented without prior comment, but it remains subject to comment at any time.
The Food and Drug Administration announced the availability of final guidance entitled “Policy for Monkeypox Tests to Address the Public Health Emergency.” The guidance document has been implemented without prior comment, but it remains subject to comment at any time.
Developers Seek ESA Permits to Take Protected Skinks for Florida Construction Project
The U.S. Fish & Wildlife Service (FWS) announced the receipt of multiple applications for incidental take permits (ITPs) under the Endangered Species Act to take protected sand skinks and blue-tailed mole skinks incidental to the construction of residential and commercial developments in Polk County, Florida. FWS is accepting comments on the ITPs through October 13, 2022.
The U.S. Fish & Wildlife Service (FWS) announced the receipt of multiple applications for incidental take permits (ITPs) under the Endangered Species Act to take protected sand skinks and blue-tailed mole skinks incidental to the construction of residential and commercial developments in Polk County, Florida. FWS is accepting comments on the ITPs through October 13, 2022.
Applicant Seeks Permit from NMFS to Research Endangered Whales and Marine Mammals
The National Marine Fisheries Service (NMFS) published notice that Robert DiGiovanni of the New York-based Atlantic Marine Conservation Society has applied for a permit to conduct research on thirty-eight marine mammal species including endangered blue, fin, North Atlantic right, sei, and sperm whales. NMFS is accepting public comments on the application through October 13, 2022.
The National Marine Fisheries Service (NMFS) published notice that Robert DiGiovanni of the New York-based Atlantic Marine Conservation Society has applied for a permit to conduct research on thirty-eight marine mammal species including endangered blue, fin, North Atlantic right, sei, and sperm whales. NMFS is accepting public comments on the application through October 13, 2022.
NMFS Publishes Notice of Recent MMPA and ESA Permits and Permit Modifications
The National Marine Fisheries Service published notice that the agency has granted several permits, permit amendments, and permit modifications under the Marine Mammal Protection Act and Endangered Species Act to multiple entities.
The National Marine Fisheries Service published notice that the agency has granted several permits, permit amendments, and permit modifications under the Marine Mammal Protection Act and Endangered Species Act to multiple entities.
FWS Intends to Add Tricolored Bat to the Endangered Species List
The U.S. Fish and Wildlife Service (FWS) published notice of its intent to list the tricolored bat as an endangered species. The bat species is found in Guatemala, Honduras, Belize, Nicaragua, Mexico, southeastern Canada, and all or portions of thirty-nine states and the District of Columbia. FWS will hold a public information session and hearing on October 12, 2022, and will accept public comments on the proposed listing through November 14, 2022.
The U.S. Fish and Wildlife Service (FWS) published notice of its intent to list the tricolored bat as an endangered species. The bat species is found in Guatemala, Honduras, Belize, Nicaragua, Mexico, southeastern Canada, and all or portions of thirty-nine states and the District of Columbia. FWS will hold a public information session and hearing on October 12, 2022, and will accept public comments on the proposed listing through November 14, 2022.
NOAA Announces Delay in Effective Date of National Marine Sanctuaries Act Rule
The National Oceanic and Atmospheric Administration (NOAA) announced that the agency is delaying the effective date of an interim final rule to amend the Office of National Marine Sanctuaries regulations proposed under the National Marine Sanctuaries Act. The announcement further delays the effective date by 120 days, from September 26, 2022, to January 24, 2023. NOAA is not reopening the public comment period during this time.
The National Oceanic and Atmospheric Administration (NOAA) announced that the agency is delaying the effective date of an interim final rule to amend the Office of National Marine Sanctuaries regulations proposed under the National Marine Sanctuaries Act. The announcement further delays the effective date by 120 days, from September 26, 2022, to January 24, 2023. NOAA is not reopening the public comment period during this time.
NMFS Revises Dates for Harassment Authorization for Elkhorn Slough Restoration Project
The National Marine Fisheries Service announced that it is amending the effective dates of an incidental harassment authorization (IHA) it approved for the California Department of Fish and Wildlife due to a delay in the Elkhorn Slough Restoration Project in Monterey Country, CA. The IHA previously authorized the harassment of Pacific harbor seals incidental to the project between September 16, 2021 and September 15, 2022, and is now effective from September 16, 2022 through September 15, 2023.
The National Marine Fisheries Service announced that it is amending the effective dates of an incidental harassment authorization (IHA) it approved for the California Department of Fish and Wildlife due to a delay in the Elkhorn Slough Restoration Project in Monterey Country, CA. The IHA previously authorized the harassment of Pacific harbor seals incidental to the project between September 16, 2021 and September 15, 2022, and is now effective from September 16, 2022 through September 15, 2023.
USDA Announces that Lithuania is Eligible to Export Eggs to the United States
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that Lithuania is eligible to export egg products to the United States effective September 15, 2022.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that Lithuania is eligible to export egg products to the United States effective September 15, 2022.
FWS Accepting Public Comments on Multiple ESA Permit Applications
The U.S. Fish & Wildlife Service (FWS) announced its receipt of Endangered Species Act permit applications for the export of Jamaican iguanas from Zoo Miami to the Frankfurt Zoo, the import of wild American crocodile biological samples from Belize for research in California, and multiple imports of sport-hunted bonteboks taken at a captive hunting facility in South Africa. FWS is accepting public comments on the permit applications through October 17, 2022.
The U.S. Fish & Wildlife Service (FWS) announced its receipt of Endangered Species Act permit applications for the export of Jamaican iguanas from Zoo Miami to the Frankfurt Zoo, the import of wild American crocodile biological samples from Belize for research in California, and multiple imports of sport-hunted bonteboks taken at a captive hunting facility in South Africa. FWS is accepting public comments on the permit applications through October 17, 2022.
FDA Accepting Public Comments on Proposed Revisions to Animal Drug Regulations
The Food and Drug Administration (FDA) is proposing to revise the “small number of animals” definition for dogs and cats in its existing regulation for new animal drugs for minor use or minor species. The FDA is accepting public comments through November 14, 2022.
The Food and Drug Administration (FDA) is proposing to revise the “small number of animals” definition for dogs and cats in its existing regulation for new animal drugs for minor use or minor species. The FDA is accepting public comments through November 14, 2022.
Dozens of Conservation Groups Urge New York State to Better Protect Wolves
Dozens of regional and national conservation groups and leading independent scientists delivered correspondence urging the New York State Department of Environmental Conservation to take concrete steps, including the establishment of best management practices, to protect wolves returning to the state. The correspondence follows multiple reported incidents of coyote hunters killing wolves in New York.
Dozens of regional and national conservation groups and leading independent scientists delivered correspondence urging the New York State Department of Environmental Conservation to take concrete steps, including the establishment of best management practices, to protect wolves returning to the state. The correspondence follows multiple reported incidents of coyote hunters killing wolves in New York.
FWS Announces Opening of Hunting and Fishing on Multiple National Wildlife Refuges
The U.S. Fish & Wildlife Service (FWS) announced that it is opening two National Wildlife Refuges (NWRs) to hunting and sport fishing effective September 15, 2022. In addition, FWS is opening or expanding hunting or sport fishing at sixteen other NWRs and making changes to existing regulations in order to increase access for hunters and anglers on FWS-managed lands and waters.
The U.S. Fish & Wildlife Service (FWS) announced that it is opening two National Wildlife Refuges (NWRs) to hunting and sport fishing effective September 15, 2022. In addition, FWS is opening or expanding hunting or sport fishing at sixteen other NWRs and making changes to existing regulations in order to increase access for hunters and anglers on FWS-managed lands and waters.
FWS Seeks Public Input on Wildlife IACUC Information Collection
The U.S. Fish & Wildlife Service (FWS) announced that it is accepting public comments on a proposed information collection relating to the Institutional Animal Care and Use Committee that FWS is establishing to oversee the treatment of wildlife in experiments and population management. The public comment period is open through November 15, 2022.
The U.S. Fish & Wildlife Service (FWS) announced that it is accepting public comments on a proposed information collection relating to the Institutional Animal Care and Use Committee that FWS is establishing to oversee the treatment of wildlife in experiments and population management. The public comment period is open through November 15, 2022.
International Updates
Zimbabwe Authorizes Relocation of More than 2,500 Drought-Affected Wild Animals
Zimbabwe National Parks and Wildlife Management Authority issued permits authorizing the first mass internal movement of wildlife in the country in more than sixty years. “Project Rewild Zambezi,” is relocating more than 2,500 animals from a southern reserve to one in the north to rescue elephants, lions, giraffes, zebras, impalas, buffaloes, wildebeest, elands, wild dogs, and other animals from extreme drought.
Zimbabwe National Parks and Wildlife Management Authority issued permits authorizing the first mass internal movement of wildlife in the country in more than sixty years. “Project Rewild Zambezi,” is relocating more than 2,500 animals from a southern reserve to one in the north to rescue elephants, lions, giraffes, zebras, impalas, buffaloes, wildebeest, elands, wild dogs, and other animals from extreme drought.