A federal court struck down an Arkansas law prohibiting producers of plant-based or cultivated meats from using terms like “beef,” “pork,” “roast,” and “sausage,” as unconstitutional. The U.S. District Court for the Eastern District of Arkansas found that the Arkansas law unconstitutionally limited plaintiff Tofurky’s commercial free speech rights. The Court enjoined the state from using the law to prosecute Tofurky and other plant-based food companies. A federal judge in Louisiana made a similar ruling earlier this year that it is unconstitutional to prohibit the use of meat terminology on plant-based alternatives. Tofurky is represented in the litigation by James, Carter, & Priebe, LLP, the ACLU, the Good Food Institute, and the Animal Legal Defense Fund.
This Week's Spotlights
Litigation Updates
Tofurky Prevails in Constitutional Challenge to Arkansas Meat-Labeling Censorship Law
Supreme Court of the United States Hears Oral Arguments in California Prop 12 Case
The Supreme Court of the United States heard oral arguments in National Pork Producers v. Ross, the case challenging California’s law requiring that whole pork meat sold within the state derive from pigs whose mothers were housed with at least 24 square feet of space. Much of the questioning by the justices focused on appropriate balancing under Pike v. Bruce Church, which established that a state law is unconstitutional if it imposes a burden on interstate commerce that is “clearly excessive in relation to the putative local benefits.” The pork sale restrictions are part of a broader animal confinement ballot initiative passed by California voters in 2018 as Proposition 12). The measure’s other minimum space requirements relating to egg-laying hens and calves raised for veal went into effect on January 1, 2022, while enforcement of the 24 square feet space requirement for breeding pigs was enjoined until March 2023 (six months after the California Dept. of Food and Agriculture published the final regulations implementing Proposition 12). A ruling is expected in Spring 2023.
The Supreme Court of the United States heard oral arguments in National Pork Producers v. Ross, the case challenging California’s law requiring that whole pork meat sold within the state derive from pigs whose mothers were housed with at least 24 square feet of space. Much of the questioning by the justices focused on appropriate balancing under Pike v. Bruce Church, which established that a state law is unconstitutional if it imposes a burden on interstate commerce that is “clearly excessive in relation to the putative local benefits.” The pork sale restrictions are part of a broader animal confinement ballot initiative passed by California voters in 2018 as Proposition 12). The measure’s other minimum space requirements relating to egg-laying hens and calves raised for veal went into effect on January 1, 2022, while enforcement of the 24 square feet space requirement for breeding pigs was enjoined until March 2023 (six months after the California Dept. of Food and Agriculture published the final regulations implementing Proposition 12). A ruling is expected in Spring 2023.
Legislative Updates
Pending State Actions
Michigan Bill Would Allow Dogs in Breweries
Michigan House Bill 6427 would make it legal for breweries to allow dogs on the premises. The bill has been referred to the House Regulatory Reform Committee.
Michigan House Bill 6427 would make it legal for breweries to allow dogs on the premises. The bill has been referred to the House Regulatory Reform Committee.
Litigation Updates
Federal Court Updates
Tofurky Prevails in Constitutional Challenge to Arkansas Meat-Labeling Censorship Law
A federal court struck down an Arkansas law prohibiting producers of plant-based or cultivated meats from using terms like “beef,” “pork,” “roast,” and “sausage,” as unconstitutional. The U.S. District Court for the Eastern District of Arkansas found that the Arkansas law unconstitutionally limited plaintiff Tofurky’s commercial free speech rights. The Court enjoined the state from using the law to prosecute Tofurky and other plant-based food companies. A federal judge in Louisiana made a similar ruling earlier this year that it is unconstitutional to prohibit the use of meat terminology on plant-based alternatives. Tofurky is represented in the litigation by James, Carter, & Priebe, LLP, the ACLU, the Good Food Institute, and the Animal Legal Defense Fund.
A federal court struck down an Arkansas law prohibiting producers of plant-based or cultivated meats from using terms like “beef,” “pork,” “roast,” and “sausage,” as unconstitutional. The U.S. District Court for the Eastern District of Arkansas found that the Arkansas law unconstitutionally limited plaintiff Tofurky’s commercial free speech rights. The Court enjoined the state from using the law to prosecute Tofurky and other plant-based food companies. A federal judge in Louisiana made a similar ruling earlier this year that it is unconstitutional to prohibit the use of meat terminology on plant-based alternatives. Tofurky is represented in the litigation by James, Carter, & Priebe, LLP, the ACLU, the Good Food Institute, and the Animal Legal Defense Fund.
Supreme Court of the United States Hears Oral Arguments in California Prop 12 Case
The Supreme Court of the United States heard oral arguments in National Pork Producers v. Ross, the case challenging California’s law requiring that whole pork meat sold within the state derive from pigs whose mothers were housed with at least 24 square feet of space. Much of the questioning by the justices focused on appropriate balancing under Pike v. Bruce Church, which established that a state law is unconstitutional if it imposes a burden on interstate commerce that is “clearly excessive in relation to the putative local benefits.” The pork sale restrictions are part of a broader animal confinement ballot initiative passed by California voters in 2018 as Proposition 12). The measure’s other minimum space requirements relating to egg-laying hens and calves raised for veal went into effect on January 1, 2022, while enforcement of the 24 square feet space requirement for breeding pigs was enjoined until March 2023 (six months after the California Dept. of Food and Agriculture published the final regulations implementing Proposition 12). A ruling is expected in Spring 2023.
The Supreme Court of the United States heard oral arguments in National Pork Producers v. Ross, the case challenging California’s law requiring that whole pork meat sold within the state derive from pigs whose mothers were housed with at least 24 square feet of space. Much of the questioning by the justices focused on appropriate balancing under Pike v. Bruce Church, which established that a state law is unconstitutional if it imposes a burden on interstate commerce that is “clearly excessive in relation to the putative local benefits.” The pork sale restrictions are part of a broader animal confinement ballot initiative passed by California voters in 2018 as Proposition 12). The measure’s other minimum space requirements relating to egg-laying hens and calves raised for veal went into effect on January 1, 2022, while enforcement of the 24 square feet space requirement for breeding pigs was enjoined until March 2023 (six months after the California Dept. of Food and Agriculture published the final regulations implementing Proposition 12). A ruling is expected in Spring 2023.
ESA Citizen Suit Alleges that Washington Roadside Zoo Denies Adequate Care to Grizzly Bears
The Animal Legal Defense Fund (ALDF) filed an Endangered Species Act citizen suit against Olympic Game Farm, a roadside zoo in Sequim, Washington, for the facility’s alleged failure to provide adequate care for grizzly bears. ALDF is seeking declaratory judgment and injunctive relief.
The Animal Legal Defense Fund (ALDF) filed an Endangered Species Act citizen suit against Olympic Game Farm, a roadside zoo in Sequim, Washington, for the facility’s alleged failure to provide adequate care for grizzly bears. ALDF is seeking declaratory judgment and injunctive relief.
Advocacy Groups Sue Washington Dairy Facility for Manure Dumping Practices
Community Association for Restoration of the Environment, Friends of Toppenish Creek, and the Center for Food Safety filed a lawsuit against View Point Dairy, a “large dairy CAFO” in the State of Washington, for alleged violations of the Solid Waste Disposal Act in connection with the dairy producer’s “open dumping” of solid animal waste. Plaintiffs are seeking declaratory judgment and injunctive relief, including an order for defendant to remediate environmental contamination it has caused.
Community Association for Restoration of the Environment, Friends of Toppenish Creek, and the Center for Food Safety filed a lawsuit against View Point Dairy, a “large dairy CAFO” in the State of Washington, for alleged violations of the Solid Waste Disposal Act in connection with the dairy producer’s “open dumping” of solid animal waste. Plaintiffs are seeking declaratory judgment and injunctive relief, including an order for defendant to remediate environmental contamination it has caused.
State Court Updates
DC Attorney General Sues Chemical Manufacturer over Insecticide
The Attorney General for DC, Karl Racine, announced a suit against chemical manufacturer Velsicol. The suit alleges that the company violated environmental laws “for decades” by using a pesticide called chlordane, which is used to control insect populations. The complaint states that Velsicol knew as early as 1959 that the chemical could cause negative health impacts including birth defects and cancer.
The Attorney General for DC, Karl Racine, announced a suit against chemical manufacturer Velsicol. The suit alleges that the company violated environmental laws “for decades” by using a pesticide called chlordane, which is used to control insect populations. The complaint states that Velsicol knew as early as 1959 that the chemical could cause negative health impacts including birth defects and cancer.
Agency Updates
FWS Considers Multiple ESA Recovery Permit Applications
The U.S. Fish and Wildlife Service (FWS) has received applications for permits to conduct activities intended to enhance the propagation or survival of protected species of birds, mollusks, fish, and mammals under the Endangered Species Act. FWS will accept public comments on the applications through November 10, 2022.
The U.S. Fish and Wildlife Service (FWS) has received applications for permits to conduct activities intended to enhance the propagation or survival of protected species of birds, mollusks, fish, and mammals under the Endangered Species Act. FWS will accept public comments on the applications through November 10, 2022.
USDA Announces Extension of Public Comment Period on Organic Meat Regulation Amendments
The United States Department of Agriculture’s Agricultural Marketing Service (AMS) published notice that it is extending the public comment period on its proposed amendments to organic livestock and poultry production regulations by thirty calendar days. AMS will accept public comments through November 10, 2022.
The United States Department of Agriculture’s Agricultural Marketing Service (AMS) published notice that it is extending the public comment period on its proposed amendments to organic livestock and poultry production regulations by thirty calendar days. AMS will accept public comments through November 10, 2022.
FWS Considers Impact of Karting Track Construction Project on Mojave Desert Tortoise
The U.S. Fish & Wildlife Service (FWS) has received an application from Spring Mountain Raceway and Motor Resort for an incidental take permit (ITP) under the Endangered Species Act in connection with the construction of a 56-acre go-kart project in Nye County, Nevada. The ITP would authorize the take of Mojave desert tortoise, incidental to development, construction, and operation of the project. FWS will accept public comments on the application through November 10, 2022.
The U.S. Fish & Wildlife Service (FWS) has received an application from Spring Mountain Raceway and Motor Resort for an incidental take permit (ITP) under the Endangered Species Act in connection with the construction of a 56-acre go-kart project in Nye County, Nevada. The ITP would authorize the take of Mojave desert tortoise, incidental to development, construction, and operation of the project. FWS will accept public comments on the application through November 10, 2022.
FWS Seeks Public Comments on Proposed ESA Permit Amendment
The U.S. Fish and Wildlife Service (FWS) received an application for the amendment of an incidental take permit pursuant to the Endangered Species Act that would authorize the continued take of the central distinct population segment of the California tiger salamander and the California red-legged frog, incidental to construction of a single-family residence in Monterey County, California. FWS will accept comments on the proposed permit amendment through November 10, 2022.
The U.S. Fish and Wildlife Service (FWS) received an application for the amendment of an incidental take permit pursuant to the Endangered Species Act that would authorize the continued take of the central distinct population segment of the California tiger salamander and the California red-legged frog, incidental to construction of a single-family residence in Monterey County, California. FWS will accept comments on the proposed permit amendment through November 10, 2022.
FWS Declines ESA Protection for Gopher Tortoises
The U.S. Fish and Wildlife Service (FWS) announced its findings on the status of the gopher tortoise rangewide and in the eastern (east of the Mobile and Tombigbee Rivers) and western (west of the Mobile and Tombigbee Rivers) portions of the range under the Endangered Species Act (ESA). FWS declined to extend ESA protection for the gopher tortoise.
The U.S. Fish and Wildlife Service (FWS) announced its findings on the status of the gopher tortoise rangewide and in the eastern (east of the Mobile and Tombigbee Rivers) and western (west of the Mobile and Tombigbee Rivers) portions of the range under the Endangered Species Act (ESA). FWS declined to extend ESA protection for the gopher tortoise.
FWS Considers ESA Permit Application for the Take of Rare Birds
The U.S. Fish and Wildlife Service (FWS) has received an application from Weyerhaeuser Timber Holdings, Inc., for an Endangered Species Act permit that would authorize the incidental take of the marbled murrelet, associated with forest management actions on private lands. FWS will accept public comments on the application through November 14, 2022.
The U.S. Fish and Wildlife Service (FWS) has received an application from Weyerhaeuser Timber Holdings, Inc., for an Endangered Species Act permit that would authorize the incidental take of the marbled murrelet, associated with forest management actions on private lands. FWS will accept public comments on the application through November 14, 2022.
FSIS Announces Public Health Alert in Connection with Wyoming-Produced Ground Beef
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert due to concerns that a specific ground beef product may be contaminated with E. coli. The Hudson, Wyoming producer sold the beef products directly to consumers. FSIS did not request a recall because the products are no longer available for purchase.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert due to concerns that a specific ground beef product may be contaminated with E. coli. The Hudson, Wyoming producer sold the beef products directly to consumers. FSIS did not request a recall because the products are no longer available for purchase.
Kansas Department of Wildlife and Parks Applies to FWS for ESA Permit Amendments
The U.S. Fish and Wildlife Service (FWS) announced the availability of documents associated with the Kansas Department of Wildlife and Parks’ application to amend an existing enhancement of survival permit for certain aquatic species under the Endangered Species Act. FWS will accept public comments through November 14, 2022.
The U.S. Fish and Wildlife Service (FWS) announced the availability of documents associated with the Kansas Department of Wildlife and Parks’ application to amend an existing enhancement of survival permit for certain aquatic species under the Endangered Species Act. FWS will accept public comments through November 14, 2022.
FWS Announces ESA Listing Proposal for Two Florida Snake Species
The U.S. Fish and Wildlife Service (FWS) announced its proposal to list the Key ring-necked snake and the rim rock crowned snake as endangered species under the Endangered Species Act. FWS will accept public comments on the proposed listings through December 13, 2022.
The U.S. Fish and Wildlife Service (FWS) announced its proposal to list the Key ring-necked snake and the rim rock crowned snake as endangered species under the Endangered Species Act. FWS will accept public comments on the proposed listings through December 13, 2022.
NMFS Issues MMPA Permits for Harassment of Marine Mammals During Rig Activities
The National Marine Fisheries Service announced that it has issued two incidental harassment authorizations (IHA) to Hilcorp Alaska LLC to incidentally harass marine mammals during tugs towing jack-up rig activity in Cook Inlet, Alaska. The IHAs are effective from September 14, 2022, through September 13, 2023, and from September 14, 2023, through September 13, 2024.
The National Marine Fisheries Service announced that it has issued two incidental harassment authorizations (IHA) to Hilcorp Alaska LLC to incidentally harass marine mammals during tugs towing jack-up rig activity in Cook Inlet, Alaska. The IHAs are effective from September 14, 2022, through September 13, 2023, and from September 14, 2023, through September 13, 2024.
Academic Updates
Position Paper Urges Hong Kong to Improve Exotic Pet Trade Regulations
In anticipation of the 19th Conference of the Parties (CoP 19) to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Hong Kong Wildlife Trade Working Group has released a position paper highlighting concerns about Hong Kong’s trade in live exotic animals and urging the city’s government to improve regulation of its exotic pet trade and address longstanding loopholes in its related laws. CITES CoP 19 will take place in Panama City, Panama in November 2022.
In anticipation of the 19th Conference of the Parties (CoP 19) to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Hong Kong Wildlife Trade Working Group has released a position paper highlighting concerns about Hong Kong’s trade in live exotic animals and urging the city’s government to improve regulation of its exotic pet trade and address longstanding loopholes in its related laws. CITES CoP 19 will take place in Panama City, Panama in November 2022.
Scholarly Research Across Six Continents Reveals Preference for Cage-Free Eggs
A recently published peer-reviewed article, Sinclair M, Lee NYP, Hötzel MJ, de Luna MCT, Sharma A, Idris M, Islam MA, Iyasere OS, Navarro G, Ahmed AA, Curry M, Burns GL and Marchant JN (2022) Consumer attitudes towards egg production systems and hen welfare across the world, Front. Anim. Sci. 3:995430, reveals a strong preference among egg consumers across six continents for eggs from hens who were not confined to battery cages.
A recently published peer-reviewed article, Sinclair M, Lee NYP, Hötzel MJ, de Luna MCT, Sharma A, Idris M, Islam MA, Iyasere OS, Navarro G, Ahmed AA, Curry M, Burns GL and Marchant JN (2022) Consumer attitudes towards egg production systems and hen welfare across the world, Front. Anim. Sci. 3:995430, reveals a strong preference among egg consumers across six continents for eggs from hens who were not confined to battery cages.
Report Reveals That Global Animal Populations Have Declined by 69% Since 1970
A new report prepared by the World Wildlife Fund and the Zoological Society of London following analysis of years of data impacting thousands of animal populations reveals that global animal populations shrunk by an average of 69% between 1970 and 2018. The report attributes the dramatic decline and loss of biodiversity to human activities such as infrastructure development, energy production, and deforestation. The report also encourages world leaders who will meet at the U.N. Biodiversity Conference in December 2022 to take significant steps to reverse environmental damage.
A new report prepared by the World Wildlife Fund and the Zoological Society of London following analysis of years of data impacting thousands of animal populations reveals that global animal populations shrunk by an average of 69% between 1970 and 2018. The report attributes the dramatic decline and loss of biodiversity to human activities such as infrastructure development, energy production, and deforestation. The report also encourages world leaders who will meet at the U.N. Biodiversity Conference in December 2022 to take significant steps to reverse environmental damage.