House Resolution 9357 would amend the Endangered Species Act (ESA) by requiring listing decisions to be approved by Congress. The bill was introduced by Representative Tracey Mann and referred to the House Committee on Natural Resources.
This Week's Spotlights
Legislative Spotlights - Pending Federal Actions
Bill Would Require Congressional Approval of ESA Listing Decisions
Bill Would Limit Scope of ESA and Environmental Law Assessments Prior to Natural Gas Pipeline Permit Approval
Senate Bill 5165 would fast-track natural gas pipeline construction and limit regulatory and litigation delays under the Federal Water Pollution Control Act, the National Environmental Policy Act, the Clean Water Act, and the Endangered Species Act (ESA). Among other changes, the bill aims to shorten ESA consultation timeframes and prevent the expansion of the ESA in a way that would obstruct pipeline infrastructure. The bill was introduced by Senator Patrick Toomey and has been referred to the Senate Committee on Environment and Public Works. Representative Mike Kelly introduced a companion bill in the House of Representatives. The bill text is not yet publicly available.
Senate Bill 5165 would fast-track natural gas pipeline construction and limit regulatory and litigation delays under the Federal Water Pollution Control Act, the National Environmental Policy Act, the Clean Water Act, and the Endangered Species Act (ESA). Among other changes, the bill aims to shorten ESA consultation timeframes and prevent the expansion of the ESA in a way that would obstruct pipeline infrastructure. The bill was introduced by Senator Patrick Toomey and has been referred to the Senate Committee on Environment and Public Works. Representative Mike Kelly introduced a companion bill in the House of Representatives. The bill text is not yet publicly available.
Legislative Spotlights - Enacted State Actions
Delaware Legislation Allows Damages Awards in Connection with Tortious Injury or Death of Companion Animals
Delaware Governor John Carney signed an amended version of Senate Bill 258, which allows compensatory damages awards in connection with the injury or death of a companion animal resulting from a tortious act. The law limits compensatory damages to the animal’s “fair market value” and “the reasonable and necessary cost of veterinary care.” A previous version of the bill would have allowed up to $15,000 in damages for mental distress or emotional harm. The bill is immediately enforceable but will expire after three years without further action by the Delaware General Assembly.
Delaware Governor John Carney signed an amended version of Senate Bill 258, which allows compensatory damages awards in connection with the injury or death of a companion animal resulting from a tortious act. The law limits compensatory damages to the animal’s “fair market value” and “the reasonable and necessary cost of veterinary care.” A previous version of the bill would have allowed up to $15,000 in damages for mental distress or emotional harm. The bill is immediately enforceable but will expire after three years without further action by the Delaware General Assembly.
Case Law Spotlights - Federal Court
Federal Court Approves Smithfield Settlement in Pork Price-Fixing Lawsuit
A Federal judge in Minnesota preliminarily approved a class action settlement between Smithfield Foods, Inc. and a settlement class of consumer purchasers. Smithfield has agreed to provide $75 million in monetary relief to the class. The settlement is part of multidistrict litigation over an alleged scheme on the part of the meat industry to inflate pork prices. Smithfield also has agreed to “certain cooperation provisions which will strengthen plaintiffs’ case against the remaining defendants.”
A Federal judge in Minnesota preliminarily approved a class action settlement between Smithfield Foods, Inc. and a settlement class of consumer purchasers. Smithfield has agreed to provide $75 million in monetary relief to the class. The settlement is part of multidistrict litigation over an alleged scheme on the part of the meat industry to inflate pork prices. Smithfield also has agreed to “certain cooperation provisions which will strengthen plaintiffs’ case against the remaining defendants.”
Court of International Trade Blocks New Zealand Fish Imports Over Dolphin Concerns
The U.S. Court of International Trade temporarily enjoined certain seafood imports from New Zealand, including snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, flounder, mullet, and gurnard from the inshore trawl fishery and inshore gillnet fishery off the west coast of the North Island where approximately fifty remaining Māui dolphins can be found. Judge Gary S. Katzmann granted Sea Shepherd Conservation Society and Sea Shepherd New Zealand’s request for a preliminary injunction blocking the seafood imports on the basis that New Zealand’s protections for the critically endangered dolphin are not comparable to those promulgated by the United States.
The U.S. Court of International Trade temporarily enjoined certain seafood imports from New Zealand, including snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, flounder, mullet, and gurnard from the inshore trawl fishery and inshore gillnet fishery off the west coast of the North Island where approximately fifty remaining Māui dolphins can be found. Judge Gary S. Katzmann granted Sea Shepherd Conservation Society and Sea Shepherd New Zealand’s request for a preliminary injunction blocking the seafood imports on the basis that New Zealand’s protections for the critically endangered dolphin are not comparable to those promulgated by the United States.
McDonald’s Files Price-Fixing Suit Against Pork Suppliers
McDonald’s Corporation has served a group of pork producers, including Hormel, JBS, Smithfield, and Tyson, with a complaint alleging a conspiracy “to fix, raise, maintain, and stabilize the price of pork”. McDonald’s claims that “Defendants implemented their conspiracy by agreeing with their competitors to restrict output and limit production with the express intended purpose and expected result of increasing and stabilizing pork prices in the United States.” Per the complaint, defendants and their alleged co-conspirators “collectively control over 80 percent of the wholesale pork market.”
McDonald’s Corporation has served a group of pork producers, including Hormel, JBS, Smithfield, and Tyson, with a complaint alleging a conspiracy “to fix, raise, maintain, and stabilize the price of pork”. McDonald’s claims that “Defendants implemented their conspiracy by agreeing with their competitors to restrict output and limit production with the express intended purpose and expected result of increasing and stabilizing pork prices in the United States.” Per the complaint, defendants and their alleged co-conspirators “collectively control over 80 percent of the wholesale pork market.”
Environmental Group Sues FWS Over Gray Wolf Recovery Plan and ESA Status Review Delays
The Center for Biological Diversity (CBD) filed a lawsuit challenging the U.S. Fish and Wildlife Service’s (FWS) alleged failure to develop a national gray wolf recovery plan under the Endangered Species Act (ESA). The lawsuit also challenges FWS’ failure to complete an ESA status review for the gray wolf for more than a decade, even though federal law requires such a review to be issued every five years. CBD is seeking declaratory judgment and injunctive relief.
The Center for Biological Diversity (CBD) filed a lawsuit challenging the U.S. Fish and Wildlife Service’s (FWS) alleged failure to develop a national gray wolf recovery plan under the Endangered Species Act (ESA). The lawsuit also challenges FWS’ failure to complete an ESA status review for the gray wolf for more than a decade, even though federal law requires such a review to be issued every five years. CBD is seeking declaratory judgment and injunctive relief.
Agency Spotlights
USDA Extends Comment Period on Packers and Stockyards Act Regulatory Revisions
The U.S. Department of Agriculture’s Agricultural Marketing Service published notice that it is extending the public comment period on proposed revisions to Packers and Stockyards Act regulations that aim to promote inclusive competition and market integrity in the livestock, meats, poultry, and live poultry markets. The comment period has been extended through January 17, 2023.
The U.S. Department of Agriculture’s Agricultural Marketing Service published notice that it is extending the public comment period on proposed revisions to Packers and Stockyards Act regulations that aim to promote inclusive competition and market integrity in the livestock, meats, poultry, and live poultry markets. The comment period has been extended through January 17, 2023.
Florida Fish and Wildlife Amends Boater Safety Course to Protect Manatees
The Florida Fish and Wildlife Conservation Commission voted to amend its boater safety course to protect imperiled manatees and other marine life. The commission voted to include information about manatee protection zones, other areas where boating is prohibited or speed is regulated, and awareness of wildlife including manatees, whales, dolphins, marine turtles, and sturgeon. Manatee protection zones impose rules that restrict the speed or entry of vessels to protect manatees from collisions and harassment. The change follows an August 2022 petition for rulemaking submitted by the Center for Biological Diversity, Florida Springs Council, and Suncoast Waterkeeper.
The Florida Fish and Wildlife Conservation Commission voted to amend its boater safety course to protect imperiled manatees and other marine life. The commission voted to include information about manatee protection zones, other areas where boating is prohibited or speed is regulated, and awareness of wildlife including manatees, whales, dolphins, marine turtles, and sturgeon. Manatee protection zones impose rules that restrict the speed or entry of vessels to protect manatees from collisions and harassment. The change follows an August 2022 petition for rulemaking submitted by the Center for Biological Diversity, Florida Springs Council, and Suncoast Waterkeeper.
International Spotlights
Germany to Restrict Live Animal Exports
Germany has decided to restrict the transport of live animals to countries outside the EU by withdrawing certificates that would allow breeding animals to be transported. The policy will take effect mid-2023 with Agriculture Minister Cem Özdemir explaining “[w]e can no longer stand by and watch animals suffer or die in agony on long journeys.” The governmental ban, however, will not completely end third-country exports as animals can be exported first to another EU country, allowing circumvention of Germany’s ban. As a result, Minister Özdemir has called on the European Commission to act on this issue and provide an EU-wide solution.
Germany has decided to restrict the transport of live animals to countries outside the EU by withdrawing certificates that would allow breeding animals to be transported. The policy will take effect mid-2023 with Agriculture Minister Cem Özdemir explaining “[w]e can no longer stand by and watch animals suffer or die in agony on long journeys.” The governmental ban, however, will not completely end third-country exports as animals can be exported first to another EU country, allowing circumvention of Germany’s ban. As a result, Minister Özdemir has called on the European Commission to act on this issue and provide an EU-wide solution.
Academic Spotlights
Call for Applications: Law Lecturers' Workshop
Sean Butler and Raffael Fasel from the Cambridge Centre for Animal Rights Law are providing a 5-day Law Lecturers' Workshop on May 8-12, 2023 in Burlington, VT for those interested in teaching animal rights law at a University that does not currently have an animal law program. In collaboration with the Vermont Law and Graduate School, this Workshop is providing strategies on creating a syllabus, course materials and readings, and an opportunity to build a custom program. Applications are accepted through December 23rd, 2022.
Sean Butler and Raffael Fasel from the Cambridge Centre for Animal Rights Law are providing a 5-day Law Lecturers' Workshop on May 8-12, 2023 in Burlington, VT for those interested in teaching animal rights law at a University that does not currently have an animal law program. In collaboration with the Vermont Law and Graduate School, this Workshop is providing strategies on creating a syllabus, course materials and readings, and an opportunity to build a custom program. Applications are accepted through December 23rd, 2022.
Legislative Updates
Pending Federal Actions
Bill Would Require Congressional Approval of ESA Listing Decisions
House Resolution 9357 would amend the Endangered Species Act (ESA) by requiring listing decisions to be approved by Congress. The bill was introduced by Representative Tracey Mann and referred to the House Committee on Natural Resources.
House Resolution 9357 would amend the Endangered Species Act (ESA) by requiring listing decisions to be approved by Congress. The bill was introduced by Representative Tracey Mann and referred to the House Committee on Natural Resources.
Bill Would Limit Scope of ESA and Environmental Law Assessments Prior to Natural Gas Pipeline Permit Approval
Senate Bill 5165 would fast-track natural gas pipeline construction and limit regulatory and litigation delays under the Federal Water Pollution Control Act, the National Environmental Policy Act, the Clean Water Act, and the Endangered Species Act (ESA). Among other changes, the bill aims to shorten ESA consultation timeframes and prevent the expansion of the ESA in a way that would obstruct pipeline infrastructure. The bill was introduced by Senator Patrick Toomey and has been referred to the Senate Committee on Environment and Public Works. Representative Mike Kelly introduced a companion bill in the House of Representatives. The bill text is not yet publicly available.
Senate Bill 5165 would fast-track natural gas pipeline construction and limit regulatory and litigation delays under the Federal Water Pollution Control Act, the National Environmental Policy Act, the Clean Water Act, and the Endangered Species Act (ESA). Among other changes, the bill aims to shorten ESA consultation timeframes and prevent the expansion of the ESA in a way that would obstruct pipeline infrastructure. The bill was introduced by Senator Patrick Toomey and has been referred to the Senate Committee on Environment and Public Works. Representative Mike Kelly introduced a companion bill in the House of Representatives. The bill text is not yet publicly available.
Enacted State Actions
Delaware Legislation Allows Damages Awards in Connection with Tortious Injury or Death of Companion Animals
Delaware Governor John Carney signed an amended version of Senate Bill 258, which allows compensatory damages awards in connection with the injury or death of a companion animal resulting from a tortious act. The law limits compensatory damages to the animal’s “fair market value” and “the reasonable and necessary cost of veterinary care.” A previous version of the bill would have allowed up to $15,000 in damages for mental distress or emotional harm. The bill is immediately enforceable but will expire after three years without further action by the Delaware General Assembly.
Delaware Governor John Carney signed an amended version of Senate Bill 258, which allows compensatory damages awards in connection with the injury or death of a companion animal resulting from a tortious act. The law limits compensatory damages to the animal’s “fair market value” and “the reasonable and necessary cost of veterinary care.” A previous version of the bill would have allowed up to $15,000 in damages for mental distress or emotional harm. The bill is immediately enforceable but will expire after three years without further action by the Delaware General Assembly.
Pending State Actions
Montana Bill Would Amend State’s Grizzly Bear Management Plan
Montana LC 746 would amend the state’s grizzly bear management plan to maintain delisted status and availability for hunting. The bill has not yet been assigned to a committee.
Montana LC 746 would amend the state’s grizzly bear management plan to maintain delisted status and availability for hunting. The bill has not yet been assigned to a committee.
Montana Bill Would Establish Landowner Preference Hunting Tag Program
Montana LC 739 would create landowner preference (LOP) licenses and permits to hunt deer and antelope for owners of 160 acres or more of “real property that is primarily used for agricultural purposes in a hunting district.” LOP tags are available to landowners, family members, or others designated by the landowners, based on how the acreage is owned. The bill has not yet been assigned to a committee.
Montana LC 739 would create landowner preference (LOP) licenses and permits to hunt deer and antelope for owners of 160 acres or more of “real property that is primarily used for agricultural purposes in a hunting district.” LOP tags are available to landowners, family members, or others designated by the landowners, based on how the acreage is owned. The bill has not yet been assigned to a committee.
Montana Bill Would Amend Appointment Process for State’s Chief Meat Inspector
Montana LC 378 would amend certain provisions relating to the appointment of the state’s chief meat inspector. If enacted, the chief meat inspector would be appointed directly by the state Department of Livestock's executive officer rather than by its full board. The bill has not yet been assigned to a committee.
Montana LC 378 would amend certain provisions relating to the appointment of the state’s chief meat inspector. If enacted, the chief meat inspector would be appointed directly by the state Department of Livestock's executive officer rather than by its full board. The bill has not yet been assigned to a committee.
Virginia Bill Would Extend Per-Head Cattle Assessments
Virginia Senate Bill 795 would delay the expiration of the $0.50 per head assessment from the sale of cattle in the Commonwealth from July 1, 2023, to July 1, 2028. The bill has been referred to the Senate Committee on General Laws and Technology.
Virginia Senate Bill 795 would delay the expiration of the $0.50 per head assessment from the sale of cattle in the Commonwealth from July 1, 2023, to July 1, 2028. The bill has been referred to the Senate Committee on General Laws and Technology.
Montana Bill Clarifies Prohibitions on Use of Aircraft for Hunting or Harassing Game Animals
Montana LC 737 would amend the state’s hunting laws to include drones and other unmanned aerial vehicles in the state prohibition on the use of aircraft for hunting, harassing, driving, or locating animals for hunting purposes. Violators would be subject to monetary fines and imprisonment. The bill has not yet been assigned to a committee.
Montana LC 737 would amend the state’s hunting laws to include drones and other unmanned aerial vehicles in the state prohibition on the use of aircraft for hunting, harassing, driving, or locating animals for hunting purposes. Violators would be subject to monetary fines and imprisonment. The bill has not yet been assigned to a committee.
Montana Bill Would Amend State’s Laws Relating to Exotic Animal Ownership
Montana LC 2025 would generally revise the state’s laws relating to exotic animal ownership. The bill text and committee assignment are not yet available.
Montana LC 2025 would generally revise the state’s laws relating to exotic animal ownership. The bill text and committee assignment are not yet available.
Case Law Updates
Federal Court Updates
Federal Court Approves Smithfield Settlement in Pork Price-Fixing Lawsuit
A Federal judge in Minnesota preliminarily approved a class action settlement between Smithfield Foods, Inc. and a settlement class of consumer purchasers. Smithfield has agreed to provide $75 million in monetary relief to the class. The settlement is part of multidistrict litigation over an alleged scheme on the part of the meat industry to inflate pork prices. Smithfield also has agreed to “certain cooperation provisions which will strengthen plaintiffs’ case against the remaining defendants.”
A Federal judge in Minnesota preliminarily approved a class action settlement between Smithfield Foods, Inc. and a settlement class of consumer purchasers. Smithfield has agreed to provide $75 million in monetary relief to the class. The settlement is part of multidistrict litigation over an alleged scheme on the part of the meat industry to inflate pork prices. Smithfield also has agreed to “certain cooperation provisions which will strengthen plaintiffs’ case against the remaining defendants.”
Federal Court Allows Impossible Foods Lawsuit to Continue
A federal judge in Delaware has denied a motion to dismiss from Motif Foodworks Inc., thus allowing Impossible Foods’ patent suit to move forward. The lawsuit claims that Motif, another plant-based food manufacturer, is infringing on Impossible Food’s patents by using an ingredient that Motif calls “Hemami.”
A federal judge in Delaware has denied a motion to dismiss from Motif Foodworks Inc., thus allowing Impossible Foods’ patent suit to move forward. The lawsuit claims that Motif, another plant-based food manufacturer, is infringing on Impossible Food’s patents by using an ingredient that Motif calls “Hemami.”
Industry and Rural Minnesotan Communities Allowed to Defend State Water Standards
A federal judge in Minnesota ruled that steel producers, an industry group, and coalitions of Minnesotan cities and municipalities can join an ongoing lawsuit over Minnesota’s water quality standards. The suit, brought by two Native American tribes, alleges that the revised standards will increase pollution in downstream waters around Plaintiffs’ Reservations “thereby adversely affecting wild rice and altering or eliminating fish, aquatic life, and wildlife relied on by [Plaintiffs] for ‘subsistence, economic, and spiritual purposes.’” The judge found that the steel industry would face “costly compliance costs and permit delays” if the revised standards were repealed, thus enabling the groups to intervene directly in the suit.
A federal judge in Minnesota ruled that steel producers, an industry group, and coalitions of Minnesotan cities and municipalities can join an ongoing lawsuit over Minnesota’s water quality standards. The suit, brought by two Native American tribes, alleges that the revised standards will increase pollution in downstream waters around Plaintiffs’ Reservations “thereby adversely affecting wild rice and altering or eliminating fish, aquatic life, and wildlife relied on by [Plaintiffs] for ‘subsistence, economic, and spiritual purposes.’” The judge found that the steel industry would face “costly compliance costs and permit delays” if the revised standards were repealed, thus enabling the groups to intervene directly in the suit.
Federal Judge Allows Turkey Antitrust Suit to Proceed
A federal judge in Illinois declined to dismiss multidistrict litigation concerning an alleged “conspiracy in the turkey industry to exchange competitively sensitive information and fix prices through limiting supply of turkey products.” The judge found that the suit, brought by poultry buyers, “give[s] rise to an inference of a price-fixing conspiracy sufficient to state a claim and survive the motion to dismiss.”
A federal judge in Illinois declined to dismiss multidistrict litigation concerning an alleged “conspiracy in the turkey industry to exchange competitively sensitive information and fix prices through limiting supply of turkey products.” The judge found that the suit, brought by poultry buyers, “give[s] rise to an inference of a price-fixing conspiracy sufficient to state a claim and survive the motion to dismiss.”
Ninth Circuit Rejects Efforts to Revive Fish Recovery Plan Suit
The Ninth Circuit declined a petition for panel rehearing following a panel decision in a case ruling in favor of the U.S. Fish and Wildlife Service (FWS). The case, brought by Save the Bull Trout, Friends of the Wild Swan, and Alliance for the Wild Rockies, had challenged the FWS’s plan to restore bull trout populations in the Western United States. The Ninth Circuit’s latest decision upholds their prior findings in favor of the FWS.
The Ninth Circuit declined a petition for panel rehearing following a panel decision in a case ruling in favor of the U.S. Fish and Wildlife Service (FWS). The case, brought by Save the Bull Trout, Friends of the Wild Swan, and Alliance for the Wild Rockies, had challenged the FWS’s plan to restore bull trout populations in the Western United States. The Ninth Circuit’s latest decision upholds their prior findings in favor of the FWS.
Court of International Trade Blocks New Zealand Fish Imports Over Dolphin Concerns
The U.S. Court of International Trade temporarily enjoined certain seafood imports from New Zealand, including snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, flounder, mullet, and gurnard from the inshore trawl fishery and inshore gillnet fishery off the west coast of the North Island where approximately fifty remaining Māui dolphins can be found. Judge Gary S. Katzmann granted Sea Shepherd Conservation Society and Sea Shepherd New Zealand’s request for a preliminary injunction blocking the seafood imports on the basis that New Zealand’s protections for the critically endangered dolphin are not comparable to those promulgated by the United States.
The U.S. Court of International Trade temporarily enjoined certain seafood imports from New Zealand, including snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, flounder, mullet, and gurnard from the inshore trawl fishery and inshore gillnet fishery off the west coast of the North Island where approximately fifty remaining Māui dolphins can be found. Judge Gary S. Katzmann granted Sea Shepherd Conservation Society and Sea Shepherd New Zealand’s request for a preliminary injunction blocking the seafood imports on the basis that New Zealand’s protections for the critically endangered dolphin are not comparable to those promulgated by the United States.
McDonald’s Files Price-Fixing Suit Against Pork Suppliers
McDonald’s Corporation has served a group of pork producers, including Hormel, JBS, Smithfield, and Tyson, with a complaint alleging a conspiracy “to fix, raise, maintain, and stabilize the price of pork”. McDonald’s claims that “Defendants implemented their conspiracy by agreeing with their competitors to restrict output and limit production with the express intended purpose and expected result of increasing and stabilizing pork prices in the United States.” Per the complaint, defendants and their alleged co-conspirators “collectively control over 80 percent of the wholesale pork market.”
McDonald’s Corporation has served a group of pork producers, including Hormel, JBS, Smithfield, and Tyson, with a complaint alleging a conspiracy “to fix, raise, maintain, and stabilize the price of pork”. McDonald’s claims that “Defendants implemented their conspiracy by agreeing with their competitors to restrict output and limit production with the express intended purpose and expected result of increasing and stabilizing pork prices in the United States.” Per the complaint, defendants and their alleged co-conspirators “collectively control over 80 percent of the wholesale pork market.”
Environmental Group Sues FWS Over Gray Wolf Recovery Plan and ESA Status Review Delays
The Center for Biological Diversity (CBD) filed a lawsuit challenging the U.S. Fish and Wildlife Service’s (FWS) alleged failure to develop a national gray wolf recovery plan under the Endangered Species Act (ESA). The lawsuit also challenges FWS’ failure to complete an ESA status review for the gray wolf for more than a decade, even though federal law requires such a review to be issued every five years. CBD is seeking declaratory judgment and injunctive relief.
The Center for Biological Diversity (CBD) filed a lawsuit challenging the U.S. Fish and Wildlife Service’s (FWS) alleged failure to develop a national gray wolf recovery plan under the Endangered Species Act (ESA). The lawsuit also challenges FWS’ failure to complete an ESA status review for the gray wolf for more than a decade, even though federal law requires such a review to be issued every five years. CBD is seeking declaratory judgment and injunctive relief.
Montana Federal Judge Orders FWS to Better Protect Endangered Animals from Hunting on National Refuges
A federal judge approved a Stipulated Settlement Agreement that requires the U.S. Fish and Wildlife Service to take measures to protect endangered wildlife harmed by expanded hunting and fishing on national wildlife refuges. The protections include phasing out the use of poisonous lead ammunition and fishing tackle at several refuges across the country. The order settles the Center for Biological Diversity’s lawsuit challenging the Trump administration’s decision to expand hunting and fishing on over 2.3 million acres across 147 wildlife refuges and national fish hatcheries.
A federal judge approved a Stipulated Settlement Agreement that requires the U.S. Fish and Wildlife Service to take measures to protect endangered wildlife harmed by expanded hunting and fishing on national wildlife refuges. The protections include phasing out the use of poisonous lead ammunition and fishing tackle at several refuges across the country. The order settles the Center for Biological Diversity’s lawsuit challenging the Trump administration’s decision to expand hunting and fishing on over 2.3 million acres across 147 wildlife refuges and national fish hatcheries.
WildEarth Guardians Sues FWS to Protect Three Endangered Species in New Mexico
WildEarth Guardians sued the U.S. Fish and Wildlife Service (FWS) and the U.S. Bureau of Reclamation for allegedly violating the Endangered Species Act (ESA) by failing to stop the destruction of habitat along the Rio Grande river. The lawsuit claims the FWS’s actions have put the endangered silvery minnow at risk of extinction and barely allow other imperiled species, including the Southwestern willow flycatcher and the yellow-billed cuckoo, to survive. Plaintiff is seeking declaratory judgment and vacatur of the 2016 ESA Biological Opinion it is challenging.
WildEarth Guardians sued the U.S. Fish and Wildlife Service (FWS) and the U.S. Bureau of Reclamation for allegedly violating the Endangered Species Act (ESA) by failing to stop the destruction of habitat along the Rio Grande river. The lawsuit claims the FWS’s actions have put the endangered silvery minnow at risk of extinction and barely allow other imperiled species, including the Southwestern willow flycatcher and the yellow-billed cuckoo, to survive. Plaintiff is seeking declaratory judgment and vacatur of the 2016 ESA Biological Opinion it is challenging.
Agency Updates
EPA Announces Final Rule Reestablishing Washington State Water Quality Regulations
The EPA announced a final rule, under the Clean Water Act, to protect waters in the state of Washington, including waters where tribes hold treaty-reserved rights to fish. The decision reestablishes water quality standards that were rolled back in 2019 and aims to provide protection for consumers who consume fish or shellfish caught in Washington’s waters.
The EPA announced a final rule, under the Clean Water Act, to protect waters in the state of Washington, including waters where tribes hold treaty-reserved rights to fish. The decision reestablishes water quality standards that were rolled back in 2019 and aims to provide protection for consumers who consume fish or shellfish caught in Washington’s waters.
FWS Accepting Public Comments on Multiple ESA Recovery Permit Applications
The U.S. Fish and Wildlife Service (FWS) published notice of its receipt of applications for permits, permit renewals, and/or permit amendments to conduct activities intended to enhance the propagation or survival of southwestern willow flycatchers, black-footed ferrets, Wyoming toads, and pallid sturgeons under the Endangered Species Act. FWS also received similar applications relating to multiple protected bird species in Hawaii. FWS will accept public comments on the proposed applications through December 29, 2022.
The U.S. Fish and Wildlife Service (FWS) published notice of its receipt of applications for permits, permit renewals, and/or permit amendments to conduct activities intended to enhance the propagation or survival of southwestern willow flycatchers, black-footed ferrets, Wyoming toads, and pallid sturgeons under the Endangered Species Act. FWS also received similar applications relating to multiple protected bird species in Hawaii. FWS will accept public comments on the proposed applications through December 29, 2022.
NMFS Opens Public Comment Period on ESA Permit Application Relating to Anadromous Fish
The National Marine Fisheries Service (NMFS) announced receipt of an Endangered Species Act permit application submitted by the United States Army Corps of Engineers and the California Department of Fish and Wildlife for hatchery and monitoring activities associated with the Russian River Steelhead Program for the next ten years. NMFS will accept comments on the application through December 29, 2022.
The National Marine Fisheries Service (NMFS) announced receipt of an Endangered Species Act permit application submitted by the United States Army Corps of Engineers and the California Department of Fish and Wildlife for hatchery and monitoring activities associated with the Russian River Steelhead Program for the next ten years. NMFS will accept comments on the application through December 29, 2022.
NMFS Seeks Input on Permit Application for Transport of Farmed Salmon from Maine to Canada
The National Marine Fisheries Service (NMFS) published notice of a Magnuson-Stevens Fishery Conservation and Management Act permit application for transshipment of farmed salmon from aquaculture operations in Maine waters to processing plants in Canada by Canadian flagged vessels. NMFS is accepting public comments on the application through December 13, 2022.
The National Marine Fisheries Service (NMFS) published notice of a Magnuson-Stevens Fishery Conservation and Management Act permit application for transshipment of farmed salmon from aquaculture operations in Maine waters to processing plants in Canada by Canadian flagged vessels. NMFS is accepting public comments on the application through December 13, 2022.
FSIS Issues Public Health Alert for Cooked Sausages that May be Contaminated with Plastic
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert due to concerns that fully cooked summer sausage products may be contaminated with pieces of plastic. These items were shipped to retail locations in Kansas and Missouri and additional locations through online sales.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert due to concerns that fully cooked summer sausage products may be contaminated with pieces of plastic. These items were shipped to retail locations in Kansas and Missouri and additional locations through online sales.
FWS Announces ESA Listing Status Change for the Northern Long-Eared Bat
The U.S. Fish and Wildlife Service (FWS) announced that it is uplisting the northern long-eared bat from threatened to endangered status under the Endangered Species Act. This listing status change is effective January 30, 2023.
The U.S. Fish and Wildlife Service (FWS) announced that it is uplisting the northern long-eared bat from threatened to endangered status under the Endangered Species Act. This listing status change is effective January 30, 2023.
USDA Extends Comment Period on Packers and Stockyards Act Regulatory Revisions
The U.S. Department of Agriculture’s Agricultural Marketing Service published notice that it is extending the public comment period on proposed revisions to Packers and Stockyards Act regulations that aim to promote inclusive competition and market integrity in the livestock, meats, poultry, and live poultry markets. The comment period has been extended through January 17, 2023.
The U.S. Department of Agriculture’s Agricultural Marketing Service published notice that it is extending the public comment period on proposed revisions to Packers and Stockyards Act regulations that aim to promote inclusive competition and market integrity in the livestock, meats, poultry, and live poultry markets. The comment period has been extended through January 17, 2023.
Florida Fish and Wildlife Amends Boater Safety Course to Protect Manatees
The Florida Fish and Wildlife Conservation Commission voted to amend its boater safety course to protect imperiled manatees and other marine life. The commission voted to include information about manatee protection zones, other areas where boating is prohibited or speed is regulated, and awareness of wildlife including manatees, whales, dolphins, marine turtles, and sturgeon. Manatee protection zones impose rules that restrict the speed or entry of vessels to protect manatees from collisions and harassment. The change follows an August 2022 petition for rulemaking submitted by the Center for Biological Diversity, Florida Springs Council, and Suncoast Waterkeeper.
The Florida Fish and Wildlife Conservation Commission voted to amend its boater safety course to protect imperiled manatees and other marine life. The commission voted to include information about manatee protection zones, other areas where boating is prohibited or speed is regulated, and awareness of wildlife including manatees, whales, dolphins, marine turtles, and sturgeon. Manatee protection zones impose rules that restrict the speed or entry of vessels to protect manatees from collisions and harassment. The change follows an August 2022 petition for rulemaking submitted by the Center for Biological Diversity, Florida Springs Council, and Suncoast Waterkeeper.
FWS Announces ESA Listing Status for the Puerto Rican Harlequin Butterfly
The U.S. Fish and Wildlife Service (FWS) announced that it has listed the Puerto Rican harlequin butterfly as a threatened species under the Endangered Species Act (ESA) and has designated 41,266 acres of critical habitat for the imperiled butterflies. The new rule becomes effective January 3, 2023.
The U.S. Fish and Wildlife Service (FWS) announced that it has listed the Puerto Rican harlequin butterfly as a threatened species under the Endangered Species Act (ESA) and has designated 41,266 acres of critical habitat for the imperiled butterflies. The new rule becomes effective January 3, 2023.
FWS Announces Endangered Status for Dixie Valley Toad
The U.S. Fish and Wildlife Service (FWS) announced that it is listing the Dixie Valley toad, a toad species from Nevada, as an endangered species under the Endangered Species Act (ESA). The new rule, which becomes effective on December 2, 2022, continues ESA protections provided to the Dixie Valley toad in FWS’ April 7, 2022, temporary emergency listing.
The U.S. Fish and Wildlife Service (FWS) announced that it is listing the Dixie Valley toad, a toad species from Nevada, as an endangered species under the Endangered Species Act (ESA). The new rule, which becomes effective on December 2, 2022, continues ESA protections provided to the Dixie Valley toad in FWS’ April 7, 2022, temporary emergency listing.
FWS Accepting Public Comments on MMPA Permit Applications
The U.S. Fish and Wildlife Service (FWS) published notice of its receipt of two Marine Mammal Protection Act (MMPA) permit applications. The North Slope Borough, Department of Wildlife Management in Anchorage Alaska seeks to collect fecal samples, collect tissue samples from dead individuals, and conduct non-invasive sampling of wild walruses and polar bears for scientific research over the next five years. BBC Studios seeks a permit to photograph West Indian manatees in Florida for commercial photography over the next five years. FWS will accept comments on the applications through January 3, 2023.
The U.S. Fish and Wildlife Service (FWS) published notice of its receipt of two Marine Mammal Protection Act (MMPA) permit applications. The North Slope Borough, Department of Wildlife Management in Anchorage Alaska seeks to collect fecal samples, collect tissue samples from dead individuals, and conduct non-invasive sampling of wild walruses and polar bears for scientific research over the next five years. BBC Studios seeks a permit to photograph West Indian manatees in Florida for commercial photography over the next five years. FWS will accept comments on the applications through January 3, 2023.
NMFS Announces Temporary Rule to Prevent Overfishing of Red Snapper
The National Marine Fisheries Service (NMFS) announced a temporary rule closing the 2023 fishing season for the red snapper private angling component in the exclusive economic zone off Texas in the Gulf of Mexico from January 1, 2023, until on June 1, 2023. NMFS deems the closure necessary to prevent overfishing.
The National Marine Fisheries Service (NMFS) announced a temporary rule closing the 2023 fishing season for the red snapper private angling component in the exclusive economic zone off Texas in the Gulf of Mexico from January 1, 2023, until on June 1, 2023. NMFS deems the closure necessary to prevent overfishing.
EPA Announces Rule Change to Strengthen Tribal Water Rights
The U.S. Environmental Protection Agency (EPA) announced proposed revisions to the Federal Clean Water Act water quality standards (WQS) regulation to clarify and prescribe how WQS must protect fish and aquatic plants reserved to Native American tribes through treaties, statutes, executive orders, or other sources of Federal law. EPA will accept comments on the proposed changes through March 6, 2023.
The U.S. Environmental Protection Agency (EPA) announced proposed revisions to the Federal Clean Water Act water quality standards (WQS) regulation to clarify and prescribe how WQS must protect fish and aquatic plants reserved to Native American tribes through treaties, statutes, executive orders, or other sources of Federal law. EPA will accept comments on the proposed changes through March 6, 2023.
International Updates
Germany to Restrict Live Animal Exports
Germany has decided to restrict the transport of live animals to countries outside the EU by withdrawing certificates that would allow breeding animals to be transported. The policy will take effect mid-2023 with Agriculture Minister Cem Özdemir explaining “[w]e can no longer stand by and watch animals suffer or die in agony on long journeys.” The governmental ban, however, will not completely end third-country exports as animals can be exported first to another EU country, allowing circumvention of Germany’s ban. As a result, Minister Özdemir has called on the European Commission to act on this issue and provide an EU-wide solution.
Germany has decided to restrict the transport of live animals to countries outside the EU by withdrawing certificates that would allow breeding animals to be transported. The policy will take effect mid-2023 with Agriculture Minister Cem Özdemir explaining “[w]e can no longer stand by and watch animals suffer or die in agony on long journeys.” The governmental ban, however, will not completely end third-country exports as animals can be exported first to another EU country, allowing circumvention of Germany’s ban. As a result, Minister Özdemir has called on the European Commission to act on this issue and provide an EU-wide solution.
Report Demonstrates Shortcomings of UK Animal Protection Laws
A report authored by animal protection groups Animal Equality and the Animal Law Foundation unveils the shortcomings in the monitoring and enforcement of animal protection laws in the UK. The report finds that fewer than three percent of the UK’s estimated 291,000 farms were inspected annually by official government bodies between 2018-2021 and, during the same period, just one in 300 farms were prosecuted for animal abuse following initial complaints received.
A report authored by animal protection groups Animal Equality and the Animal Law Foundation unveils the shortcomings in the monitoring and enforcement of animal protection laws in the UK. The report finds that fewer than three percent of the UK’s estimated 291,000 farms were inspected annually by official government bodies between 2018-2021 and, during the same period, just one in 300 farms were prosecuted for animal abuse following initial complaints received.
Academic Updates
Article Analyzes National Dietary Guidelines for Plant-Based Diets
Anna-Lena Klapp, Nico Feil, Antje Risius, A Global Analysis of National Dietary Guidelines on Plant-Based Diets and Substitutions for Animal-Based Foods, Current Developments in Nutrition, Volume 6, Issue 11, November 2022, examines how including “plant-based diets and substitutions for animal-based foods in food-based dietary guidelines” can be key to “making dietary recommendations more sustainable and healthy as well as more inclusive.” The study was recently presented at a press conference at the UN Climate Change Conference (COP27).
Anna-Lena Klapp, Nico Feil, Antje Risius, A Global Analysis of National Dietary Guidelines on Plant-Based Diets and Substitutions for Animal-Based Foods, Current Developments in Nutrition, Volume 6, Issue 11, November 2022, examines how including “plant-based diets and substitutions for animal-based foods in food-based dietary guidelines” can be key to “making dietary recommendations more sustainable and healthy as well as more inclusive.” The study was recently presented at a press conference at the UN Climate Change Conference (COP27).
Article Examines Supply-Side Farm Transitions
Rutinel, Manny and Quaade, Sebastian, Reducing Animal Agriculture Emissions: The Viability of a Farm Transition Carbon Offset Protocol (April 22, 2021), Environmental Law Reporter, Vol. 52, No. 11, 2022, analyzes “the viability of an offset protocol that credits farms for transitioning from raising livestock to growing crops, based on the difference in emissions between these operations.” The article looks at how farm transitions can provide a model for adapting existing food production infrastructures to be more just and sustainable and “finds that a livestock-to-plants farm transition project can satisfy all of the criteria for offset protocols, and provides a preliminary methodology to calculate the emission reductions associated with a farm transition.”
Rutinel, Manny and Quaade, Sebastian, Reducing Animal Agriculture Emissions: The Viability of a Farm Transition Carbon Offset Protocol (April 22, 2021), Environmental Law Reporter, Vol. 52, No. 11, 2022, analyzes “the viability of an offset protocol that credits farms for transitioning from raising livestock to growing crops, based on the difference in emissions between these operations.” The article looks at how farm transitions can provide a model for adapting existing food production infrastructures to be more just and sustainable and “finds that a livestock-to-plants farm transition project can satisfy all of the criteria for offset protocols, and provides a preliminary methodology to calculate the emission reductions associated with a farm transition.”
Study Investigates Chinese Attitudes Towards Plant-based Meats
Jah Ying Chung, Christopher J. Bryant, Kathryn E. Asher, Plant-Based Meats In China: A Cross-Sectional Study Of Attitudes And Behaviours, Journal of Human Nutrition and Dietetics, 2022 investigates “potential opportunities or challenges for plant-based meat in the Chinese market.” The work reveals insights about Chinese consumers’ diets and their perceptions of plant-based meat. An associated survey of Chinese consumers found that almost 40% of respondents “were actively reducing meat consumption” with consumers being “more likely to buy plant-based meat if they saw it as healthy, safe, [and] animal-friendly.”
Jah Ying Chung, Christopher J. Bryant, Kathryn E. Asher, Plant-Based Meats In China: A Cross-Sectional Study Of Attitudes And Behaviours, Journal of Human Nutrition and Dietetics, 2022 investigates “potential opportunities or challenges for plant-based meat in the Chinese market.” The work reveals insights about Chinese consumers’ diets and their perceptions of plant-based meat. An associated survey of Chinese consumers found that almost 40% of respondents “were actively reducing meat consumption” with consumers being “more likely to buy plant-based meat if they saw it as healthy, safe, [and] animal-friendly.”
Call for Applications: Law Lecturers' Workshop
Sean Butler and Raffael Fasel from the Cambridge Centre for Animal Rights Law are providing a 5-day Law Lecturers' Workshop on May 8-12, 2023 in Burlington, VT for those interested in teaching animal rights law at a University that does not currently have an animal law program. In collaboration with the Vermont Law and Graduate School, this Workshop is providing strategies on creating a syllabus, course materials and readings, and an opportunity to build a custom program. Applications are accepted through December 23rd, 2022.
Sean Butler and Raffael Fasel from the Cambridge Centre for Animal Rights Law are providing a 5-day Law Lecturers' Workshop on May 8-12, 2023 in Burlington, VT for those interested in teaching animal rights law at a University that does not currently have an animal law program. In collaboration with the Vermont Law and Graduate School, this Workshop is providing strategies on creating a syllabus, course materials and readings, and an opportunity to build a custom program. Applications are accepted through December 23rd, 2022.
Other Updates
Farm Forward Publishes Survey Results on Consumer Understandings of Factoring Farming
Farm Forward released results from a random double-opt-in survey of 2,001 U.S. shoppers. The survey found that 78% of shoppers would be concerned if they found out that animal products with “natural” or “sustainable” labels still come from factory farms. 67% of surveyed shoppers say they would eat cultured/cultivated meat and 91% believe it is the responsibility of the federal government to make companies prove they’re taking steps to live up to claims on their food labels.
Farm Forward released results from a random double-opt-in survey of 2,001 U.S. shoppers. The survey found that 78% of shoppers would be concerned if they found out that animal products with “natural” or “sustainable” labels still come from factory farms. 67% of surveyed shoppers say they would eat cultured/cultivated meat and 91% believe it is the responsibility of the federal government to make companies prove they’re taking steps to live up to claims on their food labels.