House Resolution 8894 would require the national security strategy to provide for the research and development of sustainable and secure food sources, including food innovation and alternative protein development. The bill was introduced by Representative Elissa Slotkin and has been referred to the House Committee on Armed Services.
This Week's Spotlights
Legislative Updates - Pending Federal Actions
Bill Would Require Alternative Protein Development in Connection with National Security Strategy
Bill Would Protect Farmers from Disclosing Greenhouse Gas Emissions
House Resolution 9063 would prohibit the Securities and Exchange Commission (SEC) from requiring disclosures from farmers related to certain greenhouse gas emissions. The bill, introduced by Representative Frank Lucas, comes in the wake of a March rule proposed by the SEC that would require registrants to include certain climate-related disclosures in their registration statements and periodic reports. The proposed act is entitled the “Protect Farmers from the SEC Act.”
House Resolution 9063 would prohibit the Securities and Exchange Commission (SEC) from requiring disclosures from farmers related to certain greenhouse gas emissions. The bill, introduced by Representative Frank Lucas, comes in the wake of a March rule proposed by the SEC that would require registrants to include certain climate-related disclosures in their registration statements and periodic reports. The proposed act is entitled the “Protect Farmers from the SEC Act.”
Case Law Updates - Federal Court Actions
Wildlife Traffickers Sentenced to Federal Prison
The U.S. District Court for the Eastern District of New York imposed federal prison sentences and monetary penalties on brothers Chu Sen Guan and Chu Wei Guan for their roles in a conspiracy to traffic over $1 million worth of protected turtles from the United States to Hong Kong. One of their suppliers, North Carolina resident Jesse James Freeman, was already sentenced to federal prison earlier this year.
The U.S. District Court for the Eastern District of New York imposed federal prison sentences and monetary penalties on brothers Chu Sen Guan and Chu Wei Guan for their roles in a conspiracy to traffic over $1 million worth of protected turtles from the United States to Hong Kong. One of their suppliers, North Carolina resident Jesse James Freeman, was already sentenced to federal prison earlier this year.
Agency Updates
FWS Accepting Public Comments on Revised Draft Recovery Plan for Red Wolves
The U.S. Fish and Wildlife Service (FWS) is seeking comment on a revised draft recovery plan for the red wolf, the world’s most endangered canid. The revised plan proposes several government actions to recover wolf populations, including the establishment of new populations and methods to reduce human-caused wolf deaths. FWS developed the plan after abandoning a Trump administration draft management rule that would have reduced protected habitat size and legalized killing of any wolf found wandering outside the bounds of federal land. Comments on the revised draft may be submitted through October 28, 2022, to redwolf_comments@fws.gov, with “Comment on Draft Recovery Plan” in the subject line.
The U.S. Fish and Wildlife Service (FWS) is seeking comment on a revised draft recovery plan for the red wolf, the world’s most endangered canid. The revised plan proposes several government actions to recover wolf populations, including the establishment of new populations and methods to reduce human-caused wolf deaths. FWS developed the plan after abandoning a Trump administration draft management rule that would have reduced protected habitat size and legalized killing of any wolf found wandering outside the bounds of federal land. Comments on the revised draft may be submitted through October 28, 2022, to redwolf_comments@fws.gov, with “Comment on Draft Recovery Plan” in the subject line.
FWS’ Proposed Regulatory Changes Under the Bald and Golden Eagle Protection Act Draw Criticism from Conservation Groups
The U.S. Fish and Wildlife Service (FWS) published notice of its intent to revise Bald and Golden Eagle Protection Act regulations authorizing the issuance of permits for eagle incidental take and eagle nest take. The new regulations would authorize the approval of general permits for wind energy and infrastructure projects in lieu of individual permits. Conservation groups have criticized the proposed changes for allegedly weakening existing protections for eagles and failing to institute adequate permit compliance monitoring. FWS will accept public comments on the proposed regulatory changes through November 29, 2022.
The U.S. Fish and Wildlife Service (FWS) published notice of its intent to revise Bald and Golden Eagle Protection Act regulations authorizing the issuance of permits for eagle incidental take and eagle nest take. The new regulations would authorize the approval of general permits for wind energy and infrastructure projects in lieu of individual permits. Conservation groups have criticized the proposed changes for allegedly weakening existing protections for eagles and failing to institute adequate permit compliance monitoring. FWS will accept public comments on the proposed regulatory changes through November 29, 2022.
Legislative Updates
Pending Federal Actions
Bill Would Require Alternative Protein Development in Connection with National Security Strategy
House Resolution 8894 would require the national security strategy to provide for the research and development of sustainable and secure food sources, including food innovation and alternative protein development. The bill was introduced by Representative Elissa Slotkin and has been referred to the House Committee on Armed Services.
House Resolution 8894 would require the national security strategy to provide for the research and development of sustainable and secure food sources, including food innovation and alternative protein development. The bill was introduced by Representative Elissa Slotkin and has been referred to the House Committee on Armed Services.
Bill Would Protect Farmers from Disclosing Greenhouse Gas Emissions
House Resolution 9063 would prohibit the Securities and Exchange Commission (SEC) from requiring disclosures from farmers related to certain greenhouse gas emissions. The bill, introduced by Representative Frank Lucas, comes in the wake of a March rule proposed by the SEC that would require registrants to include certain climate-related disclosures in their registration statements and periodic reports. The proposed act is entitled the “Protect Farmers from the SEC Act.”
House Resolution 9063 would prohibit the Securities and Exchange Commission (SEC) from requiring disclosures from farmers related to certain greenhouse gas emissions. The bill, introduced by Representative Frank Lucas, comes in the wake of a March rule proposed by the SEC that would require registrants to include certain climate-related disclosures in their registration statements and periodic reports. The proposed act is entitled the “Protect Farmers from the SEC Act.”
Bill Would Reduce Cost of Rabies Vaccine for Uninsured Patients
House Resolution 8995 would reduce the costs of rabies post-exposure treatment for uninsured individuals by requiring the Secretary of Health and Human Services to reimburse health care providers for the cost of treating uninsured rabies patients. The bill was introduced by Representative Ami Bera who was bitten by a rabid fox on Capitol Hill in 2022 and has been referred to the House Committee on Energy and Commerce.
House Resolution 8995 would reduce the costs of rabies post-exposure treatment for uninsured individuals by requiring the Secretary of Health and Human Services to reimburse health care providers for the cost of treating uninsured rabies patients. The bill was introduced by Representative Ami Bera who was bitten by a rabid fox on Capitol Hill in 2022 and has been referred to the House Committee on Energy and Commerce.
Pending State Actions
Ohio Bill Would Impose Criminal Penalties for Unlicensed Veterinary Procedures on Dogs
Ohio House Bill 725 would impose criminal penalties on anyone who performs medical or dental procedures on a dog other than licensed veterinarians. Prohibited procedures would include ear cropping, tail docking, declawing, and devocalization. The bill has not yet been assigned to a committee.
Ohio House Bill 725 would impose criminal penalties on anyone who performs medical or dental procedures on a dog other than licensed veterinarians. Prohibited procedures would include ear cropping, tail docking, declawing, and devocalization. The bill has not yet been assigned to a committee.
New Jersey Bill Would Establish Crime of Aggravated Animal Abuse
New Jersey Assembly Bill 4664 would establish the crime of “aggravated animal abuse” for acts of “extreme indifference to the value of the animal’s life.” The bill has been referred to the House Assembly Agriculture and Food Security Committee.
New Jersey Assembly Bill 4664 would establish the crime of “aggravated animal abuse” for acts of “extreme indifference to the value of the animal’s life.” The bill has been referred to the House Assembly Agriculture and Food Security Committee.
New Jersey Bill Would Require Annual Black Bear Population Count
New Jersey Senate Bill 3052 would require the New Jersey Division of Fish & Wildlife to conduct an annual black bear census and report on habitat use and movement. The bill has been referred to the Senate Environment and Energy Committee.
New Jersey Senate Bill 3052 would require the New Jersey Division of Fish & Wildlife to conduct an annual black bear census and report on habitat use and movement. The bill has been referred to the Senate Environment and Energy Committee.
Case Law Updates
Federal Court Actions
Ninth Circuit Revives Trout Migration Lawsuit
The Ninth Circuit found that operation of the Twitchell Dam in California violates the Endangered Species Act (ESA) by interfering with the reproductive migration of the Southern California Steelhead, a type of trout. As a result, the case is heading back to District Court for the Court to decide details of California water law and how the relevant government agencies might come into compliance with the ESA. The case was brought by San Luis Obispo Coastkeeper and Los Padres ForestWatch against the relevant government agencies.
The Ninth Circuit found that operation of the Twitchell Dam in California violates the Endangered Species Act (ESA) by interfering with the reproductive migration of the Southern California Steelhead, a type of trout. As a result, the case is heading back to District Court for the Court to decide details of California water law and how the relevant government agencies might come into compliance with the ESA. The case was brought by San Luis Obispo Coastkeeper and Los Padres ForestWatch against the relevant government agencies.
Ninth Circuit Sides with FWS in Fish Recovery Lawsuit
The Ninth Circuit found that environmental groups Save the Bull Trout, Friends of the Wild Swan, and Alliance for the Wild Rockies, could not pursue claims against the Fish and Wildlife Service (FWS) in Montana court, following a loss in Oregon court. The groups have challenged FWS’s plan to restore populations of Bull Trout under the Endangered Species Act. As a result, the Oregon court’s decision to dismiss the suit will stand and the plaintiffs will be unable to pursue claims in a new district court.
The Ninth Circuit found that environmental groups Save the Bull Trout, Friends of the Wild Swan, and Alliance for the Wild Rockies, could not pursue claims against the Fish and Wildlife Service (FWS) in Montana court, following a loss in Oregon court. The groups have challenged FWS’s plan to restore populations of Bull Trout under the Endangered Species Act. As a result, the Oregon court’s decision to dismiss the suit will stand and the plaintiffs will be unable to pursue claims in a new district court.
Advocacy Group Sues FWS to Protect Darter Fish
The Center for Biological Diversity sued the U.S. Fish and Wildlife Service over the agency’s denial of Endangered Species Act protections for the Barrens darter. The complaint alleges that livestock grazing and agricultural runoff into headwater streams where the Barrens darter lives have critically damaged its habitat and decimated remaining populations of the fish. The advocacy organization is seeking declaratory judgment and injunctive relief.
The Center for Biological Diversity sued the U.S. Fish and Wildlife Service over the agency’s denial of Endangered Species Act protections for the Barrens darter. The complaint alleges that livestock grazing and agricultural runoff into headwater streams where the Barrens darter lives have critically damaged its habitat and decimated remaining populations of the fish. The advocacy organization is seeking declaratory judgment and injunctive relief.
Wildlife Traffickers Sentenced to Federal Prison
The U.S. District Court for the Eastern District of New York imposed federal prison sentences and monetary penalties on brothers Chu Sen Guan and Chu Wei Guan for their roles in a conspiracy to traffic over $1 million worth of protected turtles from the United States to Hong Kong. One of their suppliers, North Carolina resident Jesse James Freeman, was already sentenced to federal prison earlier this year.
The U.S. District Court for the Eastern District of New York imposed federal prison sentences and monetary penalties on brothers Chu Sen Guan and Chu Wei Guan for their roles in a conspiracy to traffic over $1 million worth of protected turtles from the United States to Hong Kong. One of their suppliers, North Carolina resident Jesse James Freeman, was already sentenced to federal prison earlier this year.
State Court Actions
PETA Sues University of Massachusetts for Access to Primate Experiment Records
People for the Ethical Treatment of Animals (PETA) sued the University of Massachusetts at Amherst for the university’s alleged failure to respond to multiple Massachusetts Public Records Act requests for information relating to taxpayer-funded experiments on primates. PETA is seeking declaratory judgment, injunctive relief, and punitive damages.
People for the Ethical Treatment of Animals (PETA) sued the University of Massachusetts at Amherst for the university’s alleged failure to respond to multiple Massachusetts Public Records Act requests for information relating to taxpayer-funded experiments on primates. PETA is seeking declaratory judgment, injunctive relief, and punitive damages.
Agency Updates
FWS Proposes ESA Listing for Lizard Found in Florida Keys
The U.S. Fish & Wildlife Service (FWS) published notice of its intent to list the Florida Keys mole skink, a lizard subspecies from the Florida Keys, as a threatened species and designate critical habitat under the Endangered Species Act. FWS is accepting public comments on the proposed listing through November 28, 2022.
The U.S. Fish & Wildlife Service (FWS) published notice of its intent to list the Florida Keys mole skink, a lizard subspecies from the Florida Keys, as a threatened species and designate critical habitat under the Endangered Species Act. FWS is accepting public comments on the proposed listing through November 28, 2022.
FWS Accepting Public Comments on Revised Draft Recovery Plan for Red Wolves
The U.S. Fish and Wildlife Service (FWS) is seeking comment on a revised draft recovery plan for the red wolf, the world’s most endangered canid. The revised plan proposes several government actions to recover wolf populations, including the establishment of new populations and methods to reduce human-caused wolf deaths. FWS developed the plan after abandoning a Trump administration draft management rule that would have reduced protected habitat size and legalized killing of any wolf found wandering outside the bounds of federal land. Comments on the revised draft may be submitted through October 28, 2022, to redwolf_comments@fws.gov, with “Comment on Draft Recovery Plan” in the subject line.
The U.S. Fish and Wildlife Service (FWS) is seeking comment on a revised draft recovery plan for the red wolf, the world’s most endangered canid. The revised plan proposes several government actions to recover wolf populations, including the establishment of new populations and methods to reduce human-caused wolf deaths. FWS developed the plan after abandoning a Trump administration draft management rule that would have reduced protected habitat size and legalized killing of any wolf found wandering outside the bounds of federal land. Comments on the revised draft may be submitted through October 28, 2022, to redwolf_comments@fws.gov, with “Comment on Draft Recovery Plan” in the subject line.
FSIS Seeks Public Comments on Renewal of Information Collection Relating to Transport of Chemically Treated, Inedible Meat Products
The U.S. Department of Agriculture’s Food Safety and Information Service (FSIS) announced its intention to renew an approved information collection regarding permits to transport domestic undenatured inedible meat products. The approval for this information collection will expire on February 28, 2023. FSIS is accepting public comments on the proposed renewal through November 28, 2022.
The U.S. Department of Agriculture’s Food Safety and Information Service (FSIS) announced its intention to renew an approved information collection regarding permits to transport domestic undenatured inedible meat products. The approval for this information collection will expire on February 28, 2023. FSIS is accepting public comments on the proposed renewal through November 28, 2022.
FWS Opens Public Comment Period on ESA Permit Applications from the Denver Zoo and Multiple Trophy Hunters
The U.S. Fish and Wildlife Service (FWS) published notice that it has received the following Endangered Species Act permit applications for activities otherwise prohibited with respect to protected animals:
- The Denver Zoo is requesting renewal of its captive bred wildlife registration for Asian elephants; and
- Multiple applicants are requesting permits to import sport-hunted male bontebok trophies who were killed in captivity in South Africa.
FWS is accepting public comments on the applications through October 31, 2022.
The U.S. Fish and Wildlife Service (FWS) published notice that it has received the following Endangered Species Act permit applications for activities otherwise prohibited with respect to protected animals:
- The Denver Zoo is requesting renewal of its captive bred wildlife registration for Asian elephants; and
- Multiple applicants are requesting permits to import sport-hunted male bontebok trophies who were killed in captivity in South Africa.
FWS is accepting public comments on the applications through October 31, 2022.
NMFS Seeks Public Comments on Scientist’s MMPA Application for Permit to Conduct Research on Cetaceans
The National Marine Fisheries Service published notice that Dr. Adam Pack from the University of Hawaii at Hilo has applied for a permit to conduct research on humpback whales and other cetaceans. The public comment period is open through October 31, 2022.
The National Marine Fisheries Service published notice that Dr. Adam Pack from the University of Hawaii at Hilo has applied for a permit to conduct research on humpback whales and other cetaceans. The public comment period is open through October 31, 2022.
National Science Foundation Seeks MMPA Permit to Take Marine Mammals During Geophysical Survey Activity
The National Marine Fisheries Service (NMFS) has received a request from the United States National Science Foundation Office of Polar Programs for authorization to take marine mammals incidental to a geophysical survey in the Ross Sea, Antarctica. NMFS is accepting public comments on the application through October 31, 2022.
The National Marine Fisheries Service (NMFS) has received a request from the United States National Science Foundation Office of Polar Programs for authorization to take marine mammals incidental to a geophysical survey in the Ross Sea, Antarctica. NMFS is accepting public comments on the application through October 31, 2022.
FDA Announces Updates to Animal Drug Regulations
The Food and Drug Administration announced a final rule amending its animal drug regulations to reflect recent drug approvals relating to companion animals and livestock, and to improve the accuracy of the regulations. The amended regulations are effective September 29, 2022.
The Food and Drug Administration announced a final rule amending its animal drug regulations to reflect recent drug approvals relating to companion animals and livestock, and to improve the accuracy of the regulations. The amended regulations are effective September 29, 2022.
APHIS Seeks New Information Collection Associated with Swine Vesicular Disease
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its intention to request approval of a new information collection associated with the handling of swine with potential swine vesicular disease, a disease caused by an enterovirus closely related to human coxsackie virus B5 and clinically indistinguishable from foot-and-mouth disease. APHIS will accept public comments on the proposal through November 29, 2022.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its intention to request approval of a new information collection associated with the handling of swine with potential swine vesicular disease, a disease caused by an enterovirus closely related to human coxsackie virus B5 and clinically indistinguishable from foot-and-mouth disease. APHIS will accept public comments on the proposal through November 29, 2022.
FWS Reopens Public Comment Period on Critical Habitat Designation for Pacific Martens
The U.S. Fish and Wildlife Service (FWS) announced that it is reopening the public comment period on its proposed rule to designate critical habitat for the coastal distinct population segment of Pacific marten. FWS will accept comments through October 17, 2022.
The U.S. Fish and Wildlife Service (FWS) announced that it is reopening the public comment period on its proposed rule to designate critical habitat for the coastal distinct population segment of Pacific marten. FWS will accept comments through October 17, 2022.
FWS’ Proposed Regulatory Changes Under the Bald and Golden Eagle Protection Act Draw Criticism from Conservation Groups
The U.S. Fish and Wildlife Service (FWS) published notice of its intent to revise Bald and Golden Eagle Protection Act regulations authorizing the issuance of permits for eagle incidental take and eagle nest take. The new regulations would authorize the approval of general permits for wind energy and infrastructure projects in lieu of individual permits. Conservation groups have criticized the proposed changes for allegedly weakening existing protections for eagles and failing to institute adequate permit compliance monitoring. FWS will accept public comments on the proposed regulatory changes through November 29, 2022.
The U.S. Fish and Wildlife Service (FWS) published notice of its intent to revise Bald and Golden Eagle Protection Act regulations authorizing the issuance of permits for eagle incidental take and eagle nest take. The new regulations would authorize the approval of general permits for wind energy and infrastructure projects in lieu of individual permits. Conservation groups have criticized the proposed changes for allegedly weakening existing protections for eagles and failing to institute adequate permit compliance monitoring. FWS will accept public comments on the proposed regulatory changes through November 29, 2022.