House Resolution 8893 would establish a pilot program on research and development of plant-based protein for the U.S. Navy. The bill was introduced by Rep. Elissa Slotkin and has been referred to the House Armed Services Committee. The text has not been made publicly available yet.
This Week's Spotlights
Pending Federal Actions
Bill Would Establish Plant-Based Protein Pilot Program for U.S. Navy
Enacted State Actions
California Bans Toxicity Testing on Dogs and Cats
California’s Governor Gavin Newson signed a bill into law banning the testing of pesticides, chemical substances, and similar products on cats and dogs. The bill exempts testing for medical research, for development of products intended for beneficial use in dogs or cats, or if such testing is federally required. Violation of the law will carry with it a fine of up to $5,000 per day per animal used in an experiment.
California’s Governor Gavin Newson signed a bill into law banning the testing of pesticides, chemical substances, and similar products on cats and dogs. The bill exempts testing for medical research, for development of products intended for beneficial use in dogs or cats, or if such testing is federally required. Violation of the law will carry with it a fine of up to $5,000 per day per animal used in an experiment.
Federal Court Case Law Updates
Ninth Circuit Revives Trump Administration ESA Rollbacks
The U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022, order vacating several Endangered Species Act regulatory changes promulgated under the Trump administration. The Ninth Circuit indicated that the lower court “clearly” erred in vacating the 2019 rules without first ruling on their underlying legal validity.
The U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022, order vacating several Endangered Species Act regulatory changes promulgated under the Trump administration. The Ninth Circuit indicated that the lower court “clearly” erred in vacating the 2019 rules without first ruling on their underlying legal validity.
State Court Case Law Updates
Iowa’s Third Ag-Gag Law Struck Down as Unconstitutional
A federal judge struck down the Iowa Legislature’s third attempt to criminalize the use of cameras in animal agriculture facilities. U.S. District Judge Stephanie M. Rose ruled that the state’s third attempt at imposing an Ag-Gag law “is insufficiently tailored compared to its burden on speech” and “only punishes a trespasser exercising a constitutional right.” The State of Iowa with its co-defendants, and the plaintiff advocacy organizations that challenged the law, have thirty days to submit proposed injunctive language to the court. This is the third Iowa Ag-Gag law to be struck down in the past five years.
A federal judge struck down the Iowa Legislature’s third attempt to criminalize the use of cameras in animal agriculture facilities. U.S. District Judge Stephanie M. Rose ruled that the state’s third attempt at imposing an Ag-Gag law “is insufficiently tailored compared to its burden on speech” and “only punishes a trespasser exercising a constitutional right.” The State of Iowa with its co-defendants, and the plaintiff advocacy organizations that challenged the law, have thirty days to submit proposed injunctive language to the court. This is the third Iowa Ag-Gag law to be struck down in the past five years.
International Updates
Latvia Bans Fur Farming
Latvia’s Saeima passed amendments to the country’s animal protection law that will ban fur farming effective January 1, 2028, making Latvia the fifteenth country in the European Union to enact such a ban. Latvia currently has four fur farms that specialize in mink.
Latvia’s Saeima passed amendments to the country’s animal protection law that will ban fur farming effective January 1, 2028, making Latvia the fifteenth country in the European Union to enact such a ban. Latvia currently has four fur farms that specialize in mink.
Other Updates
Report Finds that 95% of Fashion Industry Fur Originates in Factory Farms in the EU and China
Collective Fashion Justice and World Animal Protection prepared and published a report entitled “Cruelty is Out of Fashion,” which exposes the treatment of wild animals used in the fashion industry. Among the report’s findings are that as much as ninety-five percent of all fur sold in the fashion industry comes from factory-farmed wild animals in the EU and China.
Collective Fashion Justice and World Animal Protection prepared and published a report entitled “Cruelty is Out of Fashion,” which exposes the treatment of wild animals used in the fashion industry. Among the report’s findings are that as much as ninety-five percent of all fur sold in the fashion industry comes from factory-farmed wild animals in the EU and China.
Legislative Updates
Pending Federal Actions
Bill Would Establish Plant-Based Protein Pilot Program for U.S. Navy
House Resolution 8893 would establish a pilot program on research and development of plant-based protein for the U.S. Navy. The bill was introduced by Rep. Elissa Slotkin and has been referred to the House Armed Services Committee. The text has not been made publicly available yet.
House Resolution 8893 would establish a pilot program on research and development of plant-based protein for the U.S. Navy. The bill was introduced by Rep. Elissa Slotkin and has been referred to the House Armed Services Committee. The text has not been made publicly available yet.
Enacted State Actions
California Bans Toxicity Testing on Dogs and Cats
California’s Governor Gavin Newson signed a bill into law banning the testing of pesticides, chemical substances, and similar products on cats and dogs. The bill exempts testing for medical research, for development of products intended for beneficial use in dogs or cats, or if such testing is federally required. Violation of the law will carry with it a fine of up to $5,000 per day per animal used in an experiment.
California’s Governor Gavin Newson signed a bill into law banning the testing of pesticides, chemical substances, and similar products on cats and dogs. The bill exempts testing for medical research, for development of products intended for beneficial use in dogs or cats, or if such testing is federally required. Violation of the law will carry with it a fine of up to $5,000 per day per animal used in an experiment.
Pending State Actions
Pennsylvania Bill Would Authorize Issuance of Hunting Licenses to College Students
Pennsylvania Senate Bill 1336 would establish provisions for the issuance of hunting licenses to college students. The bill has been referred to the Senate Committee on Game and Fisheries.
Pennsylvania Senate Bill 1336 would establish provisions for the issuance of hunting licenses to college students. The bill has been referred to the Senate Committee on Game and Fisheries.
Michigan Bill Would Establish One Dollar Penalty for Deer Baiting
Michigan House Bill 6381 would amend the state’s Natural Resources and Environmental Protection Act by adding a $1.00 fine for the civil infraction of deer baiting. The bill has been referred to the House Committee on Government Operations.
Michigan House Bill 6381 would amend the state’s Natural Resources and Environmental Protection Act by adding a $1.00 fine for the civil infraction of deer baiting. The bill has been referred to the House Committee on Government Operations.
Michigan Bill Would Empower Upper Peninsula Commission to Regulate Fishing
Michigan House Bill 6384 would authorize the Upper Peninsula (UP) Commission to oversee and regulate fishing in UP waters. The bill has been referred to the House Committee on Natural Resources and Outdoor Recreation.
Michigan House Bill 6384 would authorize the Upper Peninsula (UP) Commission to oversee and regulate fishing in UP waters. The bill has been referred to the House Committee on Natural Resources and Outdoor Recreation.
Michigan Bill Would Require Hunting/Fishing Licenses for Natural Resources Commissioners
Michigan House Bill 6387 would amend the requirements for the Commission on Natural Resources by adding a requirement that all commission members “must have held a hunting or fishing license for no less than 4 out of the 6 years preceding the member’s appointment.” The bill has been referred to the House Committee on Natural Resources and Outdoor Recreation.
Michigan House Bill 6387 would amend the requirements for the Commission on Natural Resources by adding a requirement that all commission members “must have held a hunting or fishing license for no less than 4 out of the 6 years preceding the member’s appointment.” The bill has been referred to the House Committee on Natural Resources and Outdoor Recreation.
Case Law Updates
Federal Court Updates
Advocacy Group Commences ESA Citizen Suit Process to Protect Corals
The Center for Biological Diversity (CBD) commenced the Endangered Species Act (ESA) citizen suit process by delivering a notice of intent to sue the National Marine Fisheries Service (NMFS) for failing to protect twenty coral species in the Caribbean and Indo-Pacific. CBD alleges that NMFS has failed to promulgate legally required protective regulations following ESA listing of the corals in 2014.
The Center for Biological Diversity (CBD) commenced the Endangered Species Act (ESA) citizen suit process by delivering a notice of intent to sue the National Marine Fisheries Service (NMFS) for failing to protect twenty coral species in the Caribbean and Indo-Pacific. CBD alleges that NMFS has failed to promulgate legally required protective regulations following ESA listing of the corals in 2014.
Ninth Circuit Revives Trump Administration ESA Rollbacks
The U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022, order vacating several Endangered Species Act regulatory changes promulgated under the Trump administration. The Ninth Circuit indicated that the lower court “clearly” erred in vacating the 2019 rules without first ruling on their underlying legal validity.
The U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022, order vacating several Endangered Species Act regulatory changes promulgated under the Trump administration. The Ninth Circuit indicated that the lower court “clearly” erred in vacating the 2019 rules without first ruling on their underlying legal validity.
State Court Updates
California Supreme Court Declines to Review Appellate Court Ruling Protecting Bumblebees
The California Supreme Court has declined to review an appellate court’s holding that bumblebees can be protected under the state Endangered Species Act’s definition of fish. Although the Chief Justice’s docket entry explicitly states that it neither endorses, nor rejects, the statutory analysis undertaken by the lower court, the court found no error on the part of the lower court. As a result, the appellate court’s holding will remain in place.
The California Supreme Court has declined to review an appellate court’s holding that bumblebees can be protected under the state Endangered Species Act’s definition of fish. Although the Chief Justice’s docket entry explicitly states that it neither endorses, nor rejects, the statutory analysis undertaken by the lower court, the court found no error on the part of the lower court. As a result, the appellate court’s holding will remain in place.
Iowa’s Third Ag-Gag Law Struck Down as Unconstitutional
A federal judge struck down the Iowa Legislature’s third attempt to criminalize the use of cameras in animal agriculture facilities. U.S. District Judge Stephanie M. Rose ruled that the state’s third attempt at imposing an Ag-Gag law “is insufficiently tailored compared to its burden on speech” and “only punishes a trespasser exercising a constitutional right.” The State of Iowa with its co-defendants, and the plaintiff advocacy organizations that challenged the law, have thirty days to submit proposed injunctive language to the court. This is the third Iowa Ag-Gag law to be struck down in the past five years.
A federal judge struck down the Iowa Legislature’s third attempt to criminalize the use of cameras in animal agriculture facilities. U.S. District Judge Stephanie M. Rose ruled that the state’s third attempt at imposing an Ag-Gag law “is insufficiently tailored compared to its burden on speech” and “only punishes a trespasser exercising a constitutional right.” The State of Iowa with its co-defendants, and the plaintiff advocacy organizations that challenged the law, have thirty days to submit proposed injunctive language to the court. This is the third Iowa Ag-Gag law to be struck down in the past five years.
Agency Updates
NMFS Announces Public Meeting to Discuss U.S. Posture for International Whaling Commission
The National Marine Fisheries Service announced that it will hold a public meeting for any U.S. citizens to give input on tentative positions that the U.S. should take at the upcoming International Whaling Commission meeting in Slovenia. The meeting will be held virtually and in person on September 27, 2022.
The National Marine Fisheries Service announced that it will hold a public meeting for any U.S. citizens to give input on tentative positions that the U.S. should take at the upcoming International Whaling Commission meeting in Slovenia. The meeting will be held virtually and in person on September 27, 2022.
USDA FSIS Opens Comment Period on Swine Slaughter Information Collection
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced its intention to renew the approved information collection regarding swine slaughter inspection. The approval for this information collection will expire on January 31, 2023. FSIS will accept public comments on the information collection through November 18, 2022.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced its intention to renew the approved information collection regarding swine slaughter inspection. The approval for this information collection will expire on January 31, 2023. FSIS will accept public comments on the information collection through November 18, 2022.
FWS Announces Issuance of Multiple Permits Pursuant to the ESA and MMPA
The U.S. Fish & Wildlife Service announced that it has issued the following permits:
- An Endangered Species Act (ESA) permit to Popcorn Park, a New Jersey exotic animal park, for the import of lions and tigers from Canada;
- ESA permits to Venado Ventures, which operates a captive hunting facility in Texas, for the breeding, trading, and killing of protected antelope;
- An ESA permit to Antonin Dvorak for the breeding and trading of protected tortoises; and
- A Marine Mammal Protection Act (MMPA) permit to BBC Studios for the harassment of sea otters during filming.
The U.S. Fish & Wildlife Service announced that it has issued the following permits:
- An Endangered Species Act (ESA) permit to Popcorn Park, a New Jersey exotic animal park, for the import of lions and tigers from Canada;
- ESA permits to Venado Ventures, which operates a captive hunting facility in Texas, for the breeding, trading, and killing of protected antelope;
- An ESA permit to Antonin Dvorak for the breeding and trading of protected tortoises; and
- A Marine Mammal Protection Act (MMPA) permit to BBC Studios for the harassment of sea otters during filming.
FWS Accepting Comments on Applications Under MMPA and Wild Bird Conservation Act
The U.S. Fish & Wildlife Service (FWS) announced that it has received a Marine Mammal Protection Act (MMPA) permit application from a Montana-based laboratory that wishes to conduct research on polar bear samples and that it is extending the public comment period on a cooperative breeding program under the Wild Bird Conservation Act. FWS will accept comments through October 20, 2022.
The U.S. Fish & Wildlife Service (FWS) announced that it has received a Marine Mammal Protection Act (MMPA) permit application from a Montana-based laboratory that wishes to conduct research on polar bear samples and that it is extending the public comment period on a cooperative breeding program under the Wild Bird Conservation Act. FWS will accept comments through October 20, 2022.
FWS Opens Public Comment Period on ESA Recovery Permit Applications
The U.S. Fish & Wildlife Service (FWS) announced its receipt of multiple Endangered Species Act (ESA) recovery permit applications for the enhancement of imperiled species. FWS will accept public comments on the applications through October 21, 2022.
The U.S. Fish & Wildlife Service (FWS) announced its receipt of multiple Endangered Species Act (ESA) recovery permit applications for the enhancement of imperiled species. FWS will accept public comments on the applications through October 21, 2022.
NMFS Announces Temporary Closure of the Atlantic Blue Fin Tuna Fishery
The National Marine Fisheries Service (NMFS) announced the closure of the general category fishery for large, medium, and giant Atlantic bluefin tuna for the September subquota period effective September 19, 2022, through September 30, 2022.
The National Marine Fisheries Service (NMFS) announced the closure of the general category fishery for large, medium, and giant Atlantic bluefin tuna for the September subquota period effective September 19, 2022, through September 30, 2022.
NSF Accepting Comments on Application to Conduct Penguin Population Surveys
The National Science Foundation (NSF) announced its receipt of an Antarctic Conservation Act waste management permit application for activities associated with penguin population surveys in the Western Antarctic Peninsula and the South Shetland Islands. The public comment period will be open through October 21, 2022.
The National Science Foundation (NSF) announced its receipt of an Antarctic Conservation Act waste management permit application for activities associated with penguin population surveys in the Western Antarctic Peninsula and the South Shetland Islands. The public comment period will be open through October 21, 2022.
NMFS Seeks Nominees to Serve on MMPA Scientific Review Groups
The National Marine Fisheries Service (NMFS) announced that it is soliciting the nominations of individuals who can provide advice on marine mammal science and management to serve on Marine Mammal Protection Act (MMPA) Scientific Review Groups. NMFS is accepting nominations through October 24, 2022.
The National Marine Fisheries Service (NMFS) announced that it is soliciting the nominations of individuals who can provide advice on marine mammal science and management to serve on Marine Mammal Protection Act (MMPA) Scientific Review Groups. NMFS is accepting nominations through October 24, 2022.
USDA FSIS Seeks Comments on Information Collection for Meat and Poultry Products
The U.S. Department of Agriculture’s Food Safety and Information Service (FSIS) announced its intention to renew an approved information collection regarding the interstate shipment of state-inspected meat and poultry products by facilities with twenty-five or fewer employees. FSIS is accepting public comments on the information collection through November 22, 2022.
The U.S. Department of Agriculture’s Food Safety and Information Service (FSIS) announced its intention to renew an approved information collection regarding the interstate shipment of state-inspected meat and poultry products by facilities with twenty-five or fewer employees. FSIS is accepting public comments on the information collection through November 22, 2022.
FWS Seeks Renewal of Wildlife Depredation Information Collection
The U.S. Fish & Wildlife Service (FWS) announced a public comment period on the renewal of an information collection relating to wildlife depredation and control orders. The public comment period will be open through November 22, 2022.
The U.S. Fish & Wildlife Service (FWS) announced a public comment period on the renewal of an information collection relating to wildlife depredation and control orders. The public comment period will be open through November 22, 2022.
FSIS Announces Meat Product Recall Due to Potential Listeria Contamination
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Illinois-based Behrmann Meat and Processing, Inc. is recalling approximately 87,382 pounds of various ready-to-eat meat products that may be adulterated with Listeria monocytogenes. The products were shipped to various retail and wholesale distributors in Illinois, Kentucky, and Missouri.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Illinois-based Behrmann Meat and Processing, Inc. is recalling approximately 87,382 pounds of various ready-to-eat meat products that may be adulterated with Listeria monocytogenes. The products were shipped to various retail and wholesale distributors in Illinois, Kentucky, and Missouri.
Academic Updates
Scholarship Explores Animal Law in Nordic Countries
Birgitta Wahlberg’s Animal Law in General and Animal Rights in Particular in Volume 67 of Scandinavian Studies in Law explores the status of animal law as a distinct legal discipline in the Nordic legal system.
Birgitta Wahlberg’s Animal Law in General and Animal Rights in Particular in Volume 67 of Scandinavian Studies in Law explores the status of animal law as a distinct legal discipline in the Nordic legal system.
International Updates
Latvia Bans Fur Farming
Latvia’s Saeima passed amendments to the country’s animal protection law that will ban fur farming effective January 1, 2028, making Latvia the fifteenth country in the European Union to enact such a ban. Latvia currently has four fur farms that specialize in mink.
Latvia’s Saeima passed amendments to the country’s animal protection law that will ban fur farming effective January 1, 2028, making Latvia the fifteenth country in the European Union to enact such a ban. Latvia currently has four fur farms that specialize in mink.
UK Animal Protection Group Challenges Government over Fast-Growing Chickens
Humane League UK, represented by Advocates for Animals, has been granted a court hearing to challenge the UK government over whether faster-growing broiler chickens in England are legal. The Humane League is arguing that the use of chicken breeds that grow unnaturally large and fast violates England’s welfare of farmed animals regulations, which direct that animals can only be farmed if “they can be kept without any detrimental effect on their health or welfare”.
Humane League UK, represented by Advocates for Animals, has been granted a court hearing to challenge the UK government over whether faster-growing broiler chickens in England are legal. The Humane League is arguing that the use of chicken breeds that grow unnaturally large and fast violates England’s welfare of farmed animals regulations, which direct that animals can only be farmed if “they can be kept without any detrimental effect on their health or welfare”.
Denmark Bans Future Caged Egg Production
Denmark’s Minister of Food has prohibited the manufacture of new caged egg facilities starting in 2023. Existing caged egg production must be phased out over the course of the next 12 years.
Denmark’s Minister of Food has prohibited the manufacture of new caged egg facilities starting in 2023. Existing caged egg production must be phased out over the course of the next 12 years.
Other Updates
Report Finds that 95% of Fashion Industry Fur Originates in Factory Farms in the EU and China
Collective Fashion Justice and World Animal Protection prepared and published a report entitled “Cruelty is Out of Fashion,” which exposes the treatment of wild animals used in the fashion industry. Among the report’s findings are that as much as ninety-five percent of all fur sold in the fashion industry comes from factory-farmed wild animals in the EU and China.
Collective Fashion Justice and World Animal Protection prepared and published a report entitled “Cruelty is Out of Fashion,” which exposes the treatment of wild animals used in the fashion industry. Among the report’s findings are that as much as ninety-five percent of all fur sold in the fashion industry comes from factory-farmed wild animals in the EU and China.