Colorado Senate Bill 23-038 would prohibit the slaughter of horses for human consumption as well as the import or export of horses for purposes of slaughter for human consumption. The bill has been referred to the Senate Agriculture and Natural Resources Committee.
This Week's Spotlights
Legislative Spotlights - Pending State Actions
Colorado Bill Would Prohibit Slaughter and Export of Horses for Human Consumption
Minnesota Bill Would Create Open Season for Hunting Wolves
Minnesota House File 605 would require an annual open hunting season for wolves unless they are listed on the federal Endangered Species List. The bill has been referred to the Committee on Environment and Natural Resources Finance and Policy.
Minnesota House File 605 would require an annual open hunting season for wolves unless they are listed on the federal Endangered Species List. The bill has been referred to the Committee on Environment and Natural Resources Finance and Policy.
New Hampshire Bill Would Ban Certain Types of Animal Testing
New Hampshire Senate Bill 97-FN would prohibit the use of animals in certain product testing and would enable the attorney general to bring civil suits against violators. The bill has been referred to the Senate Commerce Committee which held a hearing on the bill on January 24, 2023.
New Hampshire Senate Bill 97-FN would prohibit the use of animals in certain product testing and would enable the attorney general to bring civil suits against violators. The bill has been referred to the Senate Commerce Committee which held a hearing on the bill on January 24, 2023.
Oklahoma Bill Would Eliminate Annual Reporting Requirements for Puppy Mills
Oklahoma Senate Bill 349 would repeal existing annual reporting requirements for commercial dog breeders. The bill has been pre-filed and has not yet been referred to a committee.
Oklahoma Senate Bill 349 would repeal existing annual reporting requirements for commercial dog breeders. The bill has been pre-filed and has not yet been referred to a committee.
Oklahoma Bill Would Create Circus Exemption from the Cruelty Code for Use of Bullhooks and Tethers on Elephants
Oklahoma House Bill 2593 would exempt the use of bullhooks and free contact management of elephants from the state’s cruelty code. The language of the bill is narrowly tailored to apply to the Carson & Barnes Circus breeding and training facility (aka the Endangered Ark Foundation) in Hugo, Oklahoma.
Oklahoma House Bill 2593 would exempt the use of bullhooks and free contact management of elephants from the state’s cruelty code. The language of the bill is narrowly tailored to apply to the Carson & Barnes Circus breeding and training facility (aka the Endangered Ark Foundation) in Hugo, Oklahoma.
Oklahoma Bill Would Recognize Sentience of Companion Animals and Require Notice to Adopters About the Complex Needs of Dogs and Cats
Oklahoma House Bill 1992 would recognize that dogs and cats are sentient beings with unique needs and would require animal shelters to post information about these complex needs. The bill has not yet been assigned to a committee.
Oklahoma House Bill 1992 would recognize that dogs and cats are sentient beings with unique needs and would require animal shelters to post information about these complex needs. The bill has not yet been assigned to a committee.
Connecticut Bill Would Prohibit Breed Discrimination by Insurance Underwriters
Connecticut Proposed Bill 5450 would prohibit discrimination in insurance underwriting based on the breed of a homeowner’s dog. The bill has been referred to the General Assembly Committee on Insurance and Real Estate.
Connecticut Proposed Bill 5450 would prohibit discrimination in insurance underwriting based on the breed of a homeowner’s dog. The bill has been referred to the General Assembly Committee on Insurance and Real Estate.
New York Bill Would Allow Recovery of Damages in Connection with Injury or Killing of a Companion Animal
New York Assembly Bill 1372 would establish criteria for awarding damages for “negligently, recklessly, or intentionally caus[ing] unjustifiable physical injury or death of a companion animal.” In determining such damages, the bill would allow courts to “consider, among other factors, evidence regarding the bond between the companion animal and the companion animal's owner,” and also allow courts to, “award punitive damages where physical injury or death to a companion animal was unjustifiable and intentionally or recklessly caused.” The bill has been referred to the Assembly Committee on the Judiciary.
New York Assembly Bill 1372 would establish criteria for awarding damages for “negligently, recklessly, or intentionally caus[ing] unjustifiable physical injury or death of a companion animal.” In determining such damages, the bill would allow courts to “consider, among other factors, evidence regarding the bond between the companion animal and the companion animal's owner,” and also allow courts to, “award punitive damages where physical injury or death to a companion animal was unjustifiable and intentionally or recklessly caused.” The bill has been referred to the Assembly Committee on the Judiciary.
New York Bill Would Prohibit Milk-Related Terminology in Advertising and Labeling of Plant-Based Alternatives
New York Assembly Bill 1339 would prohibit the use of milk-related terms on the labels or advertising for non-dairy products. The bill has been referred to the Assembly Committee on Consumer Affairs and Protection.
New York Assembly Bill 1339 would prohibit the use of milk-related terms on the labels or advertising for non-dairy products. The bill has been referred to the Assembly Committee on Consumer Affairs and Protection.
New York Bill Would Impose New Guidelines on the Disposition of Confiscated Farmed Animals
New York Assembly Bill 1449 would amend existing laws relating to individuals who have been convicted of crimes against farmed animals by preventing the “convicted person or any person dwelling in the same household who conspired, aided, or abetted in the unlawful act which was the basis of the conviction, or who knew or should have known of the unlawful act” from being compensated or reimbursed for the value or sale of any confiscated farmed animals that were the basis of the conviction. The bill has been referred to the Assembly Committee on Agriculture.
New York Assembly Bill 1449 would amend existing laws relating to individuals who have been convicted of crimes against farmed animals by preventing the “convicted person or any person dwelling in the same household who conspired, aided, or abetted in the unlawful act which was the basis of the conviction, or who knew or should have known of the unlawful act” from being compensated or reimbursed for the value or sale of any confiscated farmed animals that were the basis of the conviction. The bill has been referred to the Assembly Committee on Agriculture.
Connecticut Bill Would Ban Retail Sales of Dogs, Cats, and Rabbits
Connecticut Proposed Bill 5572 would prohibit the retail pet store sales of dogs, cats, and rabbits. The bill has been referred to the General Assembly Committee on Environment.
Connecticut Proposed Bill 5572 would prohibit the retail pet store sales of dogs, cats, and rabbits. The bill has been referred to the General Assembly Committee on Environment.
Massachusetts Bill Would Establish a Commission to Study Potential Benefits of Cultivated Meat and Plant-Based Alternative Industries
Massachusetts Senate Docket 944 would establish a Protein Innovation Commission and study the potential economic development and environmental benefits associated with furthering the cultivated meat and plant-based alternative industries in the state. The bill has not yet been assigned to a committee.
Massachusetts Senate Docket 944 would establish a Protein Innovation Commission and study the potential economic development and environmental benefits associated with furthering the cultivated meat and plant-based alternative industries in the state. The bill has not yet been assigned to a committee.
Massachusetts Bills Would Prohibit the Retail Sales of Dogs, Cat, and Rabbits
Massachusetts House Docket 1144 would prohibit the retail pet sales of dogs, cats, and rabbits. A similar bill, Senate Bill 1395, is pending in the Senate. The bills have not yet been assigned to committees.
Massachusetts House Docket 1144 would prohibit the retail pet sales of dogs, cats, and rabbits. A similar bill, Senate Bill 1395, is pending in the Senate. The bills have not yet been assigned to committees.
Oklahoma Bills Would Fund Transition to Group Housing for Pregnant Pigs
Oklahoma Senate Bill 66[GC1] , the “Oklahoma Rural Investment for Sow Farms Act of 2023” would allocate $47 million to help breeding sow pig facilities: 1) transition from gestation crates to group housing with a minimum of 37.6 square feet of usable floor space per pregnant sow; 2) fund removal of gestation crates; 3) fund group housing renovations; and 4) fund training of workers on methods of Humane Farm Animal Care Standard group housing techniques for pregnant pigs. A companion bill, House Bill 2438, the “Pregnant Pigs Pilot Program Act of 2023” would allocate $4 million to fund a pilot program with the same main objectives but only require pregnant sows to be given 24 square feet of usable space. The bills have not yet been assigned to committees.
Oklahoma Senate Bill 66[GC1] , the “Oklahoma Rural Investment for Sow Farms Act of 2023” would allocate $47 million to help breeding sow pig facilities: 1) transition from gestation crates to group housing with a minimum of 37.6 square feet of usable floor space per pregnant sow; 2) fund removal of gestation crates; 3) fund group housing renovations; and 4) fund training of workers on methods of Humane Farm Animal Care Standard group housing techniques for pregnant pigs. A companion bill, House Bill 2438, the “Pregnant Pigs Pilot Program Act of 2023” would allocate $4 million to fund a pilot program with the same main objectives but only require pregnant sows to be given 24 square feet of usable space. The bills have not yet been assigned to committees.
Utah Bill Would Prohibit Localities from Enacting Restrictions on Use of Animals in Animal Enterprises
Utah Senate Bill 113 would prohibit localities from restricting or prohibiting the use of animals for “animal enterprises,” including agriculture, education, research, testing, or any uses relating to production of food and fiber. The bill expressly excludes circuses, zoos, aquariums, and retail pet stores from the definition of “animal enterprise.” The bill has been referred to the Senate Rules Committee and the House Committee on Natural Resources, Agriculture, and Environment.
Utah Senate Bill 113 would prohibit localities from restricting or prohibiting the use of animals for “animal enterprises,” including agriculture, education, research, testing, or any uses relating to production of food and fiber. The bill expressly excludes circuses, zoos, aquariums, and retail pet stores from the definition of “animal enterprise.” The bill has been referred to the Senate Rules Committee and the House Committee on Natural Resources, Agriculture, and Environment.
Colorado Bill Would Prohibit Breed Discrimination by Insurance Companies
Colorado House Bill 23-1068 would set multiple fair housing standards relating to companion animals, including a prohibition on breed discrimination by insurance underwriters. It has been referred to the Senate Committee on Local Government.
Colorado House Bill 23-1068 would set multiple fair housing standards relating to companion animals, including a prohibition on breed discrimination by insurance underwriters. It has been referred to the Senate Committee on Local Government.
Hawaii Bill Would Ban the Sale of Fur Products
Hawaii House Bill 215 would prohibit the trade of fur products in the state. Violators would be subject to a $1,000 civil penalty per illegally sold item. The bill has not yet been assigned to a committee.
Hawaii House Bill 215 would prohibit the trade of fur products in the state. Violators would be subject to a $1,000 civil penalty per illegally sold item. The bill has not yet been assigned to a committee.
Massachusetts Bill Would Ban on the Use of Exotic Animals in Traveling Shows
Massachusetts Senate Docket 1443 would prohibit the use of elephants, big cats, bears, non-human primates, and giraffes in traveling acts. The bill has not yet been referred to a committee.
Massachusetts Senate Docket 1443 would prohibit the use of elephants, big cats, bears, non-human primates, and giraffes in traveling acts. The bill has not yet been referred to a committee.
Massachusetts Bills Would Ban Animal Testing Where Valid Non-Animal Alternatives Exist
Massachusetts House Docket 2216 and Senate Docket 2181 would prohibit manufacturers from using “a traditional animal test method for which a valid alternative test method exists.” The bills have not yet been assigned to a committee.
Massachusetts House Docket 2216 and Senate Docket 2181 would prohibit manufacturers from using “a traditional animal test method for which a valid alternative test method exists.” The bills have not yet been assigned to a committee.
Massachusetts Bill Aims to Establish Stability in Housing for People with Pets
Massachusetts House Docket 2505 would establish safeguards to prevent eviction from rental properties and hotels based on the presence of companion animals and would prohibit breed discrimination by insurance companies. The bill has not yet been assigned to a committee.
Massachusetts House Docket 2505 would establish safeguards to prevent eviction from rental properties and hotels based on the presence of companion animals and would prohibit breed discrimination by insurance companies. The bill has not yet been assigned to a committee.
New Mexico Bill Would Ban the Use of Exotic Animals in Traveling Acts
New Mexico Senate Bill 134 would prohibit the use of exotic animals in traveling acts. The bill has been referred to the Senate Committee on the Judiciary.
New Mexico Senate Bill 134 would prohibit the use of exotic animals in traveling acts. The bill has been referred to the Senate Committee on the Judiciary.
New York Bill Would Prohibit the Slaughter and Export of Horses for Human Consumption
New York Senate Bill 2163 would prohibit the slaughter of horses for human consumption as well as the import or export of horses for slaughter for human consumption. The bill has been referred to the Senate Agriculture Committee.
New York Senate Bill 2163 would prohibit the slaughter of horses for human consumption as well as the import or export of horses for slaughter for human consumption. The bill has been referred to the Senate Agriculture Committee.
Hawaii Bill Would Ban Swim-With-Dolphins and Other Marine Mammal Entertainment
Hawaii Senate Bill 381 would prohibit a person “from promoting, arranging, conducting, assisting in, receiving money for, or taking part in any meeting, competition, exhibition, pastime, practice, display, or event at or in the course of which a captive marine mammal is used for performance for entertainment purposes.” The bill defines marine mammals to include monk seals and “any species within the cetacean order.” It has not yet been assigned to a committee.
Hawaii Senate Bill 381 would prohibit a person “from promoting, arranging, conducting, assisting in, receiving money for, or taking part in any meeting, competition, exhibition, pastime, practice, display, or event at or in the course of which a captive marine mammal is used for performance for entertainment purposes.” The bill defines marine mammals to include monk seals and “any species within the cetacean order.” It has not yet been assigned to a committee.
Massachusetts Bill Would Ban Declawing
Massachusetts Senate Docket 2140 would prohibit declawing animals but for medically necessary reasons. The bill has not yet been assigned to a committee.
Massachusetts Senate Docket 2140 would prohibit declawing animals but for medically necessary reasons. The bill has not yet been assigned to a committee.
Massachusetts Bills Would Ban Fur Sales
Massachusetts House Docket 3117 and Senate Docket 2266 would ban the sales of fur products in the state. The bills have not yet been assigned to a committee.
Massachusetts House Docket 3117 and Senate Docket 2266 would ban the sales of fur products in the state. The bills have not yet been assigned to a committee.
Case Law Spotlights - Federal Court
National Cattlemen’s Beef Association Challenges EPA’s New Clean Water Act Rule
The National Cattlemen’s Beef Association, the National Petroleum Institute, the National Pork Producers Council, the U.S. Poultry and Egg Association, the National Association of Realtors, and a dozen other industry groups filed a lawsuit in the U.S. District Court for the Southern District of Texas, Galveston Division against the U.S. Environmental Protection Agency (EPA) challenging the agency’s final rule defining the scope of waters protected under the Clean Water Act (CWA). Plaintiffs claim the rule is unconstitutional because it allegedly “expands [the EPA’s] CWA jurisdiction far beyond the bounds of the Commerce Clause and the federalism limits embodied in the Constitution, the authority delegated to the Agencies by the CWA, and governing Supreme Court precedent.” Plaintiffs seek declaratory and injunctive relief, and vacatur of the rule.
The National Cattlemen’s Beef Association, the National Petroleum Institute, the National Pork Producers Council, the U.S. Poultry and Egg Association, the National Association of Realtors, and a dozen other industry groups filed a lawsuit in the U.S. District Court for the Southern District of Texas, Galveston Division against the U.S. Environmental Protection Agency (EPA) challenging the agency’s final rule defining the scope of waters protected under the Clean Water Act (CWA). Plaintiffs claim the rule is unconstitutional because it allegedly “expands [the EPA’s] CWA jurisdiction far beyond the bounds of the Commerce Clause and the federalism limits embodied in the Constitution, the authority delegated to the Agencies by the CWA, and governing Supreme Court precedent.” Plaintiffs seek declaratory and injunctive relief, and vacatur of the rule.
Agency Spotlights
EPA Announces New Scope of “Waters of the United States” Definition Under the Clean Water Act
The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced they have finalized a rule defining the scope of “waters of the United States” protected under the Clean Water Act. The final rule aims to establish critical protections for the country’s vital water resources to support public health, environmental protection, agricultural activity, and economic growth. The rule, which becomes effective March 20, 2023, already is being challenged in court by the National Cattlemen’s Beef Association, the National Petroleum Institute, the National Pork Producers Council, the U.S. Poultry and Egg Association, the National Association of Realtors, and a dozen other industry groups claiming the rule is unconstitutional.
The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced they have finalized a rule defining the scope of “waters of the United States” protected under the Clean Water Act. The final rule aims to establish critical protections for the country’s vital water resources to support public health, environmental protection, agricultural activity, and economic growth. The rule, which becomes effective March 20, 2023, already is being challenged in court by the National Cattlemen’s Beef Association, the National Petroleum Institute, the National Pork Producers Council, the U.S. Poultry and Egg Association, the National Association of Realtors, and a dozen other industry groups claiming the rule is unconstitutional.
APHIS Opens Public Comment Period on Avian Flu Environmental Impact Statement
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it intends to prepare an environmental impact statement (EIS) to examine the potential environmental effects of the Agency's response activities to highly pathogenic avian influenza outbreaks in commercial and backyard poultry operations in the United States. APHIS will accept public comments on the EIS through February 17, 2023.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it intends to prepare an environmental impact statement (EIS) to examine the potential environmental effects of the Agency's response activities to highly pathogenic avian influenza outbreaks in commercial and backyard poultry operations in the United States. APHIS will accept public comments on the EIS through February 17, 2023.
Legislative Updates
Pending State Actions
Colorado Bill Would Prohibit Slaughter and Export of Horses for Human Consumption
Colorado Senate Bill 23-038 would prohibit the slaughter of horses for human consumption as well as the import or export of horses for purposes of slaughter for human consumption. The bill has been referred to the Senate Agriculture and Natural Resources Committee.
Colorado Senate Bill 23-038 would prohibit the slaughter of horses for human consumption as well as the import or export of horses for purposes of slaughter for human consumption. The bill has been referred to the Senate Agriculture and Natural Resources Committee.
Massachusetts Bills Would Prevent Foster Care Placement Decisions from Considering Dog Breed in Foster Family Home
Massachusetts Senate Bill 381 and House Docket 2213 would prohibit the Department of Children & Families from preventing placement of a child in foster care based upon the breed of dogs in the home. The bills have not yet been assigned to a committee.
Massachusetts Senate Bill 381 and House Docket 2213 would prohibit the Department of Children & Families from preventing placement of a child in foster care based upon the breed of dogs in the home. The bills have not yet been assigned to a committee.
Minnesota Bill Would Create Open Season for Hunting Wolves
Minnesota House File 605 would require an annual open hunting season for wolves unless they are listed on the federal Endangered Species List. The bill has been referred to the Committee on Environment and Natural Resources Finance and Policy.
Minnesota House File 605 would require an annual open hunting season for wolves unless they are listed on the federal Endangered Species List. The bill has been referred to the Committee on Environment and Natural Resources Finance and Policy.
Montana Bill Would Revise Cervid Management Laws
Montana LC 3501 would revise laws related to management of deer, elk, and antelope populations to make consideration of private landowner opinions optional rather than mandatory when deciding on hunting restrictions. The bill also would require the department to “review and redetermine sustainable population numbers at least once every 4 years and report the findings of each review to the public.” The bill has not yet been assigned to a committee.
Montana LC 3501 would revise laws related to management of deer, elk, and antelope populations to make consideration of private landowner opinions optional rather than mandatory when deciding on hunting restrictions. The bill also would require the department to “review and redetermine sustainable population numbers at least once every 4 years and report the findings of each review to the public.” The bill has not yet been assigned to a committee.
New Hampshire Bill Would Ban Certain Types of Animal Testing
New Hampshire Senate Bill 97-FN would prohibit the use of animals in certain product testing and would enable the attorney general to bring civil suits against violators. The bill has been referred to the Senate Commerce Committee which held a hearing on the bill on January 24, 2023.
New Hampshire Senate Bill 97-FN would prohibit the use of animals in certain product testing and would enable the attorney general to bring civil suits against violators. The bill has been referred to the Senate Commerce Committee which held a hearing on the bill on January 24, 2023.
Oklahoma Bill Would Eliminate Annual Reporting Requirements for Puppy Mills
Oklahoma Senate Bill 349 would repeal existing annual reporting requirements for commercial dog breeders. The bill has been pre-filed and has not yet been referred to a committee.
Oklahoma Senate Bill 349 would repeal existing annual reporting requirements for commercial dog breeders. The bill has been pre-filed and has not yet been referred to a committee.
Oklahoma Bill Would Create Circus Exemption from the Cruelty Code for Use of Bullhooks and Tethers on Elephants
Oklahoma House Bill 2593 would exempt the use of bullhooks and free contact management of elephants from the state’s cruelty code. The language of the bill is narrowly tailored to apply to the Carson & Barnes Circus breeding and training facility (aka the Endangered Ark Foundation) in Hugo, Oklahoma.
Oklahoma House Bill 2593 would exempt the use of bullhooks and free contact management of elephants from the state’s cruelty code. The language of the bill is narrowly tailored to apply to the Carson & Barnes Circus breeding and training facility (aka the Endangered Ark Foundation) in Hugo, Oklahoma.
Oklahoma Bill Would Recognize Sentience of Companion Animals and Require Notice to Adopters About the Complex Needs of Dogs and Cats
Oklahoma House Bill 1992 would recognize that dogs and cats are sentient beings with unique needs and would require animal shelters to post information about these complex needs. The bill has not yet been assigned to a committee.
Oklahoma House Bill 1992 would recognize that dogs and cats are sentient beings with unique needs and would require animal shelters to post information about these complex needs. The bill has not yet been assigned to a committee.
Massachusetts Bill Would Prohibit Animal Abusers from Owning or Working with Animals
Massachusetts House Docket 640 and Senate Docket 1888 would prohibit convicted animal abusers from owning or working with animals.
Massachusetts House Docket 640 and Senate Docket 1888 would prohibit convicted animal abusers from owning or working with animals.
North Dakota Bill Would Establish Limitations on “Party Hunting” for Deer
North Dakota House Bill 1377 would establish guidelines for “party hunting” and limit the number of deer that a party of ten or fewer may take to the number of valid hunting licenses held by the members of the party. The bill has been referred to the House Committee on Energy and Natural Resources.
North Dakota House Bill 1377 would establish guidelines for “party hunting” and limit the number of deer that a party of ten or fewer may take to the number of valid hunting licenses held by the members of the party. The bill has been referred to the House Committee on Energy and Natural Resources.
North Dakota Bill Would Amend Provisions for Nonresident Youth Hunters
North Dakota House Bill 1409 would amend provisions relating to nonresident youth hunting licenses by removing the requirement that the nonresident youth’s state also provide licenses to hunters under 16 years of age. The bill has been referred to the House Committee on Energy and Natural Resources.
North Dakota House Bill 1409 would amend provisions relating to nonresident youth hunting licenses by removing the requirement that the nonresident youth’s state also provide licenses to hunters under 16 years of age. The bill has been referred to the House Committee on Energy and Natural Resources.
Connecticut Bill Would Prohibit Breed Discrimination by Insurance Underwriters
Connecticut Proposed Bill 5450 would prohibit discrimination in insurance underwriting based on the breed of a homeowner’s dog. The bill has been referred to the General Assembly Committee on Insurance and Real Estate.
Connecticut Proposed Bill 5450 would prohibit discrimination in insurance underwriting based on the breed of a homeowner’s dog. The bill has been referred to the General Assembly Committee on Insurance and Real Estate.
Connecticut Bill Aims to Prevent Human-Bear Conflict
Connecticut Proposed Bill 5405 would prohibit intentional feeding or baiting of black bears, but allow the issuance of permits for “taking nuisance wildlife where there is unreasonable damage to agricultural products or livestock.” The bill has been referred to the General Assembly Committee on the Environment.
Connecticut Proposed Bill 5405 would prohibit intentional feeding or baiting of black bears, but allow the issuance of permits for “taking nuisance wildlife where there is unreasonable damage to agricultural products or livestock.” The bill has been referred to the General Assembly Committee on the Environment.
Massachusetts Bill Would Establish Animal Abuser Registry
Massachusetts House Docket 907 would establish an animal abuser registry.
Massachusetts House Docket 907 would establish an animal abuser registry.
New York Bill Would Allow Recovery of Damages in Connection with Injury or Killing of a Companion Animal
New York Assembly Bill 1372 would establish criteria for awarding damages for “negligently, recklessly, or intentionally caus[ing] unjustifiable physical injury or death of a companion animal.” In determining such damages, the bill would allow courts to “consider, among other factors, evidence regarding the bond between the companion animal and the companion animal's owner,” and also allow courts to, “award punitive damages where physical injury or death to a companion animal was unjustifiable and intentionally or recklessly caused.” The bill has been referred to the Assembly Committee on the Judiciary.
New York Assembly Bill 1372 would establish criteria for awarding damages for “negligently, recklessly, or intentionally caus[ing] unjustifiable physical injury or death of a companion animal.” In determining such damages, the bill would allow courts to “consider, among other factors, evidence regarding the bond between the companion animal and the companion animal's owner,” and also allow courts to, “award punitive damages where physical injury or death to a companion animal was unjustifiable and intentionally or recklessly caused.” The bill has been referred to the Assembly Committee on the Judiciary.
New York Bill Would Prohibit Milk-Related Terminology in Advertising and Labeling of Plant-Based Alternatives
New York Assembly Bill 1339 would prohibit the use of milk-related terms on the labels or advertising for non-dairy products. The bill has been referred to the Assembly Committee on Consumer Affairs and Protection.
New York Assembly Bill 1339 would prohibit the use of milk-related terms on the labels or advertising for non-dairy products. The bill has been referred to the Assembly Committee on Consumer Affairs and Protection.
New York Bill Would Subject Dogs Who Kill Companion Animals or Farmed Animals to Permanent Confinement or Destruction
New York Assembly Bill 1409 would allow judges to order permanent confinement or humane killing of dogs who “while trespassing on another person’s property, cause[] death to a companion animal, farm animal, or domestic animal.” The bill has been referred to the Assembly Committee on Agriculture.
New York Assembly Bill 1409 would allow judges to order permanent confinement or humane killing of dogs who “while trespassing on another person’s property, cause[] death to a companion animal, farm animal, or domestic animal.” The bill has been referred to the Assembly Committee on Agriculture.
Hawaii Bill Would Establish State Meat and Poultry Inspection Program
Hawaii Senate Bill 99 would establish a state-run meat and poultry inspection program. It has been referred to the Senate Committee on Agriculture and Environment.
Hawaii Senate Bill 99 would establish a state-run meat and poultry inspection program. It has been referred to the Senate Committee on Agriculture and Environment.
Indiana Bill Would Establish Criteria for Service Animals in Public Accommodations
Indiana House Bill 1354 would set forth certain requirements when permitting or not permitting a person with a disability to bring a service animal on the premises of a public accommodation. It has been referred to the House Committee on Agriculture and Rural Development.
Indiana House Bill 1354 would set forth certain requirements when permitting or not permitting a person with a disability to bring a service animal on the premises of a public accommodation. It has been referred to the House Committee on Agriculture and Rural Development.
New York Bill Would Impose New Guidelines on the Disposition of Confiscated Farmed Animals
New York Assembly Bill 1449 would amend existing laws relating to individuals who have been convicted of crimes against farmed animals by preventing the “convicted person or any person dwelling in the same household who conspired, aided, or abetted in the unlawful act which was the basis of the conviction, or who knew or should have known of the unlawful act” from being compensated or reimbursed for the value or sale of any confiscated farmed animals that were the basis of the conviction. The bill has been referred to the Assembly Committee on Agriculture.
New York Assembly Bill 1449 would amend existing laws relating to individuals who have been convicted of crimes against farmed animals by preventing the “convicted person or any person dwelling in the same household who conspired, aided, or abetted in the unlawful act which was the basis of the conviction, or who knew or should have known of the unlawful act” from being compensated or reimbursed for the value or sale of any confiscated farmed animals that were the basis of the conviction. The bill has been referred to the Assembly Committee on Agriculture.
New York Bill Would Ensure Right of Localities to Ban Fur Products
New York Assembly Bill 1614 would reaffirm the right of localities to prohibit the sale of real fur and real fur products. It has been referred to the Assembly Committee on Environmental Conservation.
New York Assembly Bill 1614 would reaffirm the right of localities to prohibit the sale of real fur and real fur products. It has been referred to the Assembly Committee on Environmental Conservation.
New York Bill Would Establish a Monarch Butterfly Preservation Plan
New York Senate Bill 1857 would establish a preservation plan for Monarch butterflies. It has been referred to the Senate Environmental Conservation Committee.
New York Senate Bill 1857 would establish a preservation plan for Monarch butterflies. It has been referred to the Senate Environmental Conservation Committee.
Tennessee Bill Would Set Minimum Shelter Requirements for Dogs
Tennessee Senate Bill 195 would amend the cruelty code to establish minimum shelter requirements for dogs. The bill has not yet been referred to a committee.
Tennessee Senate Bill 195 would amend the cruelty code to establish minimum shelter requirements for dogs. The bill has not yet been referred to a committee.
Connecticut Bill Would Prohibit Convicted Animal Abusers from Owning or Working with Animals
Connecticut Proposed Bill 5851 would prohibit convicted animal abusers from owning or working with animals. It has been referred to the General Assembly Committee on the Judiciary.
Connecticut Proposed Bill 5851 would prohibit convicted animal abusers from owning or working with animals. It has been referred to the General Assembly Committee on the Judiciary.
Connecticut Bill Would Prohibit Seismic Surveying for Oil and Gas in Long Island Sound
Connecticut Proposed Bill 5602 would prohibit high-frequency commercial seismic surveying in Long Island Sound to “protect marine mammals, marine ecosystems, shoreline tourism, and fishing industries.” The bill has been referred to the General Assembly Committee on the Environment.
Connecticut Proposed Bill 5602 would prohibit high-frequency commercial seismic surveying in Long Island Sound to “protect marine mammals, marine ecosystems, shoreline tourism, and fishing industries.” The bill has been referred to the General Assembly Committee on the Environment.
Connecticut Bill Would Establish a Limited Bear Hunt Season
Connecticut Proposed Bill 308 would prohibit the deliberate feeding of black bears and establish a limited bear hunt season. The bill has been referred to the General Assembly Committee on Environment.
Connecticut Proposed Bill 308 would prohibit the deliberate feeding of black bears and establish a limited bear hunt season. The bill has been referred to the General Assembly Committee on Environment.
Connecticut Bill Would Authorize Bear Hunting in Litchfield County
Connecticut Proposed Bill 299 would authorize bear hunting in Litchfield County. The bill has been referred to the General Assembly Committee on Environment.
Connecticut Proposed Bill 299 would authorize bear hunting in Litchfield County. The bill has been referred to the General Assembly Committee on Environment.
Connecticut Bill Would Establish Criteria for Lawful Taking of Black Bears
Connecticut Proposed Bill 5569 would prohibit feeding black bears and establish criteria for lawful taking of black bears. The bill has been referred to the General Assembly Committee on Environment.
Connecticut Proposed Bill 5569 would prohibit feeding black bears and establish criteria for lawful taking of black bears. The bill has been referred to the General Assembly Committee on Environment.
Connecticut Bill Would Ban Retail Sales of Dogs, Cats, and Rabbits
Connecticut Proposed Bill 5572 would prohibit the retail pet store sales of dogs, cats, and rabbits. The bill has been referred to the General Assembly Committee on Environment.
Connecticut Proposed Bill 5572 would prohibit the retail pet store sales of dogs, cats, and rabbits. The bill has been referred to the General Assembly Committee on Environment.
Massachusetts Bill Would Establish a Commission to Study Potential Benefits of Cultivated Meat and Plant-Based Alternative Industries
Massachusetts Senate Docket 944 would establish a Protein Innovation Commission and study the potential economic development and environmental benefits associated with furthering the cultivated meat and plant-based alternative industries in the state. The bill has not yet been assigned to a committee.
Massachusetts Senate Docket 944 would establish a Protein Innovation Commission and study the potential economic development and environmental benefits associated with furthering the cultivated meat and plant-based alternative industries in the state. The bill has not yet been assigned to a committee.
Massachusetts Bills Would Prohibit the Retail Sales of Dogs, Cat, and Rabbits
Massachusetts House Docket 1144 would prohibit the retail pet sales of dogs, cats, and rabbits. A similar bill, Senate Bill 1395, is pending in the Senate. The bills have not yet been assigned to committees.
Massachusetts House Docket 1144 would prohibit the retail pet sales of dogs, cats, and rabbits. A similar bill, Senate Bill 1395, is pending in the Senate. The bills have not yet been assigned to committees.
Massachusetts Bill Would Establish Greater Oversight of Commercial Dog Breeders
Massachusetts House Docket 1174 would establish licensing and oversight requirements for commercial dog breeders. The bill has not yet been assigned to a committee.
Massachusetts House Docket 1174 would establish licensing and oversight requirements for commercial dog breeders. The bill has not yet been assigned to a committee.
Oklahoma Bills Would Fund Transition to Group Housing for Pregnant Pigs
Oklahoma Senate Bill 66[GC1] , the “Oklahoma Rural Investment for Sow Farms Act of 2023” would allocate $47 million to help breeding sow pig facilities: 1) transition from gestation crates to group housing with a minimum of 37.6 square feet of usable floor space per pregnant sow; 2) fund removal of gestation crates; 3) fund group housing renovations; and 4) fund training of workers on methods of Humane Farm Animal Care Standard group housing techniques for pregnant pigs. A companion bill, House Bill 2438, the “Pregnant Pigs Pilot Program Act of 2023” would allocate $4 million to fund a pilot program with the same main objectives but only require pregnant sows to be given 24 square feet of usable space. The bills have not yet been assigned to committees.
Oklahoma Senate Bill 66[GC1] , the “Oklahoma Rural Investment for Sow Farms Act of 2023” would allocate $47 million to help breeding sow pig facilities: 1) transition from gestation crates to group housing with a minimum of 37.6 square feet of usable floor space per pregnant sow; 2) fund removal of gestation crates; 3) fund group housing renovations; and 4) fund training of workers on methods of Humane Farm Animal Care Standard group housing techniques for pregnant pigs. A companion bill, House Bill 2438, the “Pregnant Pigs Pilot Program Act of 2023” would allocate $4 million to fund a pilot program with the same main objectives but only require pregnant sows to be given 24 square feet of usable space. The bills have not yet been assigned to committees.
Utah Bill Would Prohibit Localities from Enacting Restrictions on Use of Animals in Animal Enterprises
Utah Senate Bill 113 would prohibit localities from restricting or prohibiting the use of animals for “animal enterprises,” including agriculture, education, research, testing, or any uses relating to production of food and fiber. The bill expressly excludes circuses, zoos, aquariums, and retail pet stores from the definition of “animal enterprise.” The bill has been referred to the Senate Rules Committee and the House Committee on Natural Resources, Agriculture, and Environment.
Utah Senate Bill 113 would prohibit localities from restricting or prohibiting the use of animals for “animal enterprises,” including agriculture, education, research, testing, or any uses relating to production of food and fiber. The bill expressly excludes circuses, zoos, aquariums, and retail pet stores from the definition of “animal enterprise.” The bill has been referred to the Senate Rules Committee and the House Committee on Natural Resources, Agriculture, and Environment.
Wyoming Bill Would Require New Protocols for Brucellosis Testing Notifications
Wyoming House Bill 180 would require the Wyoming Livestock Board to establish protocols for brucellosis testing notifications. The bill has been referred to the House Agriculture Committee.
Wyoming House Bill 180 would require the Wyoming Livestock Board to establish protocols for brucellosis testing notifications. The bill has been referred to the House Agriculture Committee.
Colorado Bill Would Prohibit Breed Discrimination by Insurance Companies
Colorado House Bill 23-1068 would set multiple fair housing standards relating to companion animals, including a prohibition on breed discrimination by insurance underwriters. It has been referred to the Senate Committee on Local Government.
Colorado House Bill 23-1068 would set multiple fair housing standards relating to companion animals, including a prohibition on breed discrimination by insurance underwriters. It has been referred to the Senate Committee on Local Government.
Hawaii Bill Would Add Veterinary Officer Position to the Department of Health to Monitor and Control Zoonotic Diseases
Hawaii House Bill 243 would establish a state veterinary medical officer position “to oversee the protection and improvement of human health through measures for the detection, investigation, assessment, prevention, control, and eradication of zoonotic diseases.”
Hawaii House Bill 243 would establish a state veterinary medical officer position “to oversee the protection and improvement of human health through measures for the detection, investigation, assessment, prevention, control, and eradication of zoonotic diseases.”
Hawaii Bill Would Ban the Sale of Fur Products
Hawaii House Bill 215 would prohibit the trade of fur products in the state. Violators would be subject to a $1,000 civil penalty per illegally sold item. The bill has not yet been assigned to a committee.
Hawaii House Bill 215 would prohibit the trade of fur products in the state. Violators would be subject to a $1,000 civil penalty per illegally sold item. The bill has not yet been assigned to a committee.
Massachusetts Bills Would Enhance Issuance of Citations for Subjecting Animals to Cruel Conditions
Massachusetts House Docket 2139 and Senate Docket 2139 would enhance available citations for subjecting animals to “cruel conditions” such as weather conditions, failure to provide appropriate food and water, and exposure to dangers that may injure or kill the animal. The bills have not yet been assigned to committees.
Massachusetts House Docket 2139 and Senate Docket 2139 would enhance available citations for subjecting animals to “cruel conditions” such as weather conditions, failure to provide appropriate food and water, and exposure to dangers that may injure or kill the animal. The bills have not yet been assigned to committees.
Massachusetts Bill Would Ban on the Use of Exotic Animals in Traveling Shows
Massachusetts Senate Docket 1443 would prohibit the use of elephants, big cats, bears, non-human primates, and giraffes in traveling acts. The bill has not yet been referred to a committee.
Massachusetts Senate Docket 1443 would prohibit the use of elephants, big cats, bears, non-human primates, and giraffes in traveling acts. The bill has not yet been referred to a committee.
Massachusetts Bills Would Ban Animal Testing Where Valid Non-Animal Alternatives Exist
Massachusetts House Docket 2216 and Senate Docket 2181 would prohibit manufacturers from using “a traditional animal test method for which a valid alternative test method exists.” The bills have not yet been assigned to a committee.
Massachusetts House Docket 2216 and Senate Docket 2181 would prohibit manufacturers from using “a traditional animal test method for which a valid alternative test method exists.” The bills have not yet been assigned to a committee.
Massachusetts Bills Would Establish Greater Oversight of Breeding, Boarding, and Training Kennels
Massachusetts Senate Docket 1250 and House Docket 2497 would require breeding kennels to be licensed by the state, and would call for the promulgation of rules and regulations for commercial boarding and training kennels. The bills have not yet been assigned to a committee.
Massachusetts Senate Docket 1250 and House Docket 2497 would require breeding kennels to be licensed by the state, and would call for the promulgation of rules and regulations for commercial boarding and training kennels. The bills have not yet been assigned to a committee.
Massachusetts Bill Would Establish Greater Oversight of Dog Day Care Facilities
Massachusetts House Docket 2483 would establish greater oversight of dog day care facilities. The bill has not yet been assigned to a committee.
Massachusetts House Docket 2483 would establish greater oversight of dog day care facilities. The bill has not yet been assigned to a committee.
Massachusetts Bill Aims to Establish Stability in Housing for People with Pets
Massachusetts House Docket 2505 would establish safeguards to prevent eviction from rental properties and hotels based on the presence of companion animals and would prohibit breed discrimination by insurance companies. The bill has not yet been assigned to a committee.
Massachusetts House Docket 2505 would establish safeguards to prevent eviction from rental properties and hotels based on the presence of companion animals and would prohibit breed discrimination by insurance companies. The bill has not yet been assigned to a committee.
New Mexico Bill Would Ban the Use of Exotic Animals in Traveling Acts
New Mexico Senate Bill 134 would prohibit the use of exotic animals in traveling acts. The bill has been referred to the Senate Committee on the Judiciary.
New Mexico Senate Bill 134 would prohibit the use of exotic animals in traveling acts. The bill has been referred to the Senate Committee on the Judiciary.
New York Bill Would Prohibit the Slaughter and Export of Horses for Human Consumption
New York Senate Bill 2163 would prohibit the slaughter of horses for human consumption as well as the import or export of horses for slaughter for human consumption. The bill has been referred to the Senate Agriculture Committee.
New York Senate Bill 2163 would prohibit the slaughter of horses for human consumption as well as the import or export of horses for slaughter for human consumption. The bill has been referred to the Senate Agriculture Committee.
Oklahoma Bill Would Establish Licensing Program for Commercial Harvesting Facilities
Oklahoma Senate Bill 1015 establishes oversight of the commercial harvesting of cervids, turkeys, and exotic animals. The bill has not yet been referred to a committee.
Oklahoma Senate Bill 1015 establishes oversight of the commercial harvesting of cervids, turkeys, and exotic animals. The bill has not yet been referred to a committee.
Oklahoma Bill Would Allow Incidental Sales of Donkey Milk
Oklahoma Senate Bill 1023 would exclude donkey milk from certain regulations under the Oklahoma Milk and Milk Products Act. The bill has not yet been referred to a committee.
Oklahoma Senate Bill 1023 would exclude donkey milk from certain regulations under the Oklahoma Milk and Milk Products Act. The bill has not yet been referred to a committee.
Oklahoma Bill Would Provide Certain Exemptions for Direct-to-Consumer Egg Sales
Oklahoma Senate Bill 1045 would exempt direct-to-consumer egg sales from certain state oversight. The bill has not yet been referred to a committee.
Oklahoma Senate Bill 1045 would exempt direct-to-consumer egg sales from certain state oversight. The bill has not yet been referred to a committee.
Oklahoma Bill Would End Sales of Confiscated Wildlife and Wildlife Parts
Oklahoma Senate Bill 891 would remove an existing provision calling for the sale of any seized wildlife or wildlife parts, with proceeds going to the state’s Wildlife Conservation Fund. The bill has not yet been assigned to a committee.
Oklahoma Senate Bill 891 would remove an existing provision calling for the sale of any seized wildlife or wildlife parts, with proceeds going to the state’s Wildlife Conservation Fund. The bill has not yet been assigned to a committee.
Oklahoma Bill Would Exempt Custom Slaughter Facilities from Certain State Oversight
Oklahoma Senate Bill 817 would exempt “custom slaughter facilities” from certain requirements relating to inspections for safe and sanitary conditions. The bill has not yet been assigned to a committee.
Oklahoma Senate Bill 817 would exempt “custom slaughter facilities” from certain requirements relating to inspections for safe and sanitary conditions. The bill has not yet been assigned to a committee.
Pennsylvania Bill Would Establish Stronger Labor Laws for Meatpacking Workers
Pennsylvania Senate Bill 164 would establish stronger labor laws and workplace safety standards for meatpacking workers. The bill has been referred to the Senate Committee on Labor and Industry.
Pennsylvania Senate Bill 164 would establish stronger labor laws and workplace safety standards for meatpacking workers. The bill has been referred to the Senate Committee on Labor and Industry.
Tennessee Bill Would Enhance Criminal Penalties Relating to Cockfighting
Tennessee House Bill 285 would enhance criminal penalties relating to cockfighting. The bill has not yet been assigned to a committee.
Tennessee House Bill 285 would enhance criminal penalties relating to cockfighting. The bill has not yet been assigned to a committee.
Tennessee Bill Would Require Presence of mRNA Vaccine to be Clearly Labeled on Meat Products
Tennessee House Bill 299 would prohibit the manufacture, sale, or delivery, holding, or offering for sale of any livestock carcass, part of any livestock carcass, or meat food product that contains an mRNA vaccine or vaccine material unless the product labeling contains a conspicuous notification of the presence of the mRNA vaccine or vaccine material in the product. The bill has not yet been assigned to a committee.
Tennessee House Bill 299 would prohibit the manufacture, sale, or delivery, holding, or offering for sale of any livestock carcass, part of any livestock carcass, or meat food product that contains an mRNA vaccine or vaccine material unless the product labeling contains a conspicuous notification of the presence of the mRNA vaccine or vaccine material in the product. The bill has not yet been assigned to a committee.
Texas Bill Would Require Animal Shelters to Adhere to Certain Record Keeping Requirements
Texas House Bill 1458 would require animal shelters to adhere to certain record keeping requirements relating to intake and disposition of animals. The bill has not yet been assigned to a committee.
Texas House Bill 1458 would require animal shelters to adhere to certain record keeping requirements relating to intake and disposition of animals. The bill has not yet been assigned to a committee.
Connecticut Bill Would Establish Animal Welfare Task Force
Connecticut Proposed Bill 6337 would establish a task force to study companion animal welfare and analyze animal protection laws in other states. The bill has been referred to the General Committee on Environment.
Connecticut Proposed Bill 6337 would establish a task force to study companion animal welfare and analyze animal protection laws in other states. The bill has been referred to the General Committee on Environment.
Hawaii Bill Would Authorize Traditional Native Hawaiian Fishing Practices That Are Otherwise Prohibited by Law
Hawaii Senate Bill 1036 would allow the Department of Land and Natural Resources to issue permits for traditional Native Hawaiian taking of aquatic life that is otherwise prohibited by law. The bill has not yet been assigned to a committee.
Hawaii Senate Bill 1036 would allow the Department of Land and Natural Resources to issue permits for traditional Native Hawaiian taking of aquatic life that is otherwise prohibited by law. The bill has not yet been assigned to a committee.
Hawaii Bill Would Ban Swim-With-Dolphins and Other Marine Mammal Entertainment
Hawaii Senate Bill 381 would prohibit a person “from promoting, arranging, conducting, assisting in, receiving money for, or taking part in any meeting, competition, exhibition, pastime, practice, display, or event at or in the course of which a captive marine mammal is used for performance for entertainment purposes.” The bill defines marine mammals to include monk seals and “any species within the cetacean order.” It has not yet been assigned to a committee.
Hawaii Senate Bill 381 would prohibit a person “from promoting, arranging, conducting, assisting in, receiving money for, or taking part in any meeting, competition, exhibition, pastime, practice, display, or event at or in the course of which a captive marine mammal is used for performance for entertainment purposes.” The bill defines marine mammals to include monk seals and “any species within the cetacean order.” It has not yet been assigned to a committee.
Massachusetts Bill Would Ban Declawing
Massachusetts Senate Docket 2140 would prohibit declawing animals but for medically necessary reasons. The bill has not yet been assigned to a committee.
Massachusetts Senate Docket 2140 would prohibit declawing animals but for medically necessary reasons. The bill has not yet been assigned to a committee.
Massachusetts Bills Would Establish Animal Law Task Force and Update Animal Cruelty Code
Massachusetts House Docket 3285 and Senate Docket 2295 would establish a task force for the review of state animal protection laws and would update multiple statutory provisions relating to animal cruelty. The bills have not yet been assigned to committees.
Massachusetts House Docket 3285 and Senate Docket 2295 would establish a task force for the review of state animal protection laws and would update multiple statutory provisions relating to animal cruelty. The bills have not yet been assigned to committees.
Massachusetts Bills Would Ban Fur Sales
Massachusetts House Docket 3117 and Senate Docket 2266 would ban the sales of fur products in the state. The bills have not yet been assigned to a committee.
Massachusetts House Docket 3117 and Senate Docket 2266 would ban the sales of fur products in the state. The bills have not yet been assigned to a committee.
Wyoming Bill Would Change Trophy Hunting Terminology in Game and Fish Laws
Wyoming House Bill 217 would amend the state game and fish terminology to replace “trophy game animal” with “large carnivore game animal.” The bill has not yet been assigned to a committee.
Wyoming House Bill 217 would amend the state game and fish terminology to replace “trophy game animal” with “large carnivore game animal.” The bill has not yet been assigned to a committee.
Case Law Updates
Federal Court Updates
Federal Court Rules that Class Action Against Costco for Misleading Dolphin-Safe Claims May Proceed
The U.S. District Court for the Northern District of California denied Costco’s motion to dismiss a lawsuit alleging that it misleads customers with “dolphin-safe” labels on its Kirkland brand tuna when, in fact, it sources tuna from suppliers who use unsustainable fishing practices “that are known to kill and harm dolphins and other marine life.” The court rejected Costco’s argument that the plaintiff’s claims are preempted by the Dolphin Protection Consumer Information Act because Costco made its own, heightened promise that the products are dolphin-safe.
The U.S. District Court for the Northern District of California denied Costco’s motion to dismiss a lawsuit alleging that it misleads customers with “dolphin-safe” labels on its Kirkland brand tuna when, in fact, it sources tuna from suppliers who use unsustainable fishing practices “that are known to kill and harm dolphins and other marine life.” The court rejected Costco’s argument that the plaintiff’s claims are preempted by the Dolphin Protection Consumer Information Act because Costco made its own, heightened promise that the products are dolphin-safe.
National Cattlemen’s Beef Association Challenges EPA’s New Clean Water Act Rule
The National Cattlemen’s Beef Association, the National Petroleum Institute, the National Pork Producers Council, the U.S. Poultry and Egg Association, the National Association of Realtors, and a dozen other industry groups filed a lawsuit in the U.S. District Court for the Southern District of Texas, Galveston Division against the U.S. Environmental Protection Agency (EPA) challenging the agency’s final rule defining the scope of waters protected under the Clean Water Act (CWA). Plaintiffs claim the rule is unconstitutional because it allegedly “expands [the EPA’s] CWA jurisdiction far beyond the bounds of the Commerce Clause and the federalism limits embodied in the Constitution, the authority delegated to the Agencies by the CWA, and governing Supreme Court precedent.” Plaintiffs seek declaratory and injunctive relief, and vacatur of the rule.
The National Cattlemen’s Beef Association, the National Petroleum Institute, the National Pork Producers Council, the U.S. Poultry and Egg Association, the National Association of Realtors, and a dozen other industry groups filed a lawsuit in the U.S. District Court for the Southern District of Texas, Galveston Division against the U.S. Environmental Protection Agency (EPA) challenging the agency’s final rule defining the scope of waters protected under the Clean Water Act (CWA). Plaintiffs claim the rule is unconstitutional because it allegedly “expands [the EPA’s] CWA jurisdiction far beyond the bounds of the Commerce Clause and the federalism limits embodied in the Constitution, the authority delegated to the Agencies by the CWA, and governing Supreme Court precedent.” Plaintiffs seek declaratory and injunctive relief, and vacatur of the rule.
Conservation Groups Sue to Protect Grizzly Bears from Montana Predator Removal Program
WildEarth Guardians, Western Watersheds Project, and Trap Free Montana sued the U.S. Fish & Wildlife Service and the U.S. Department of Agriculture, alleging that defendants violated the Endangered Species Act and the National Environmental Policy Act by approving a predator removal program that uses traps, snares, aerial shooting, chemicals, and poisons “to capture and kill native predators, including threatened grizzly bears.” Plaintiffs are seeking declaratory and injunctive relief.
WildEarth Guardians, Western Watersheds Project, and Trap Free Montana sued the U.S. Fish & Wildlife Service and the U.S. Department of Agriculture, alleging that defendants violated the Endangered Species Act and the National Environmental Policy Act by approving a predator removal program that uses traps, snares, aerial shooting, chemicals, and poisons “to capture and kill native predators, including threatened grizzly bears.” Plaintiffs are seeking declaratory and injunctive relief.
Monsanto Faces Civil Rights Lawsuit for Refusal to Settle Roundup Case with Non-Citizen
Public Citizen filed a lawsuit in the U.S. District Court for the Western District of Virginia, Abington Division against Monsanto for allegedly violating Section 1981 of the U.S. Code Title 42, one of the country’s oldest civil rights laws. The advocacy group represents Elvira Reyes-Hernandez, a non-U.S.-citizen plaintiff who previously entered a settlement agreement with Monsanto after being diagnosed with non-Hodgkin lymphoma in connection with exposure to Roundup while working on tree farms in Virginia. Monsanto refused to finalize the agreement because the plaintiff is not a U.S. citizen.
Public Citizen filed a lawsuit in the U.S. District Court for the Western District of Virginia, Abington Division against Monsanto for allegedly violating Section 1981 of the U.S. Code Title 42, one of the country’s oldest civil rights laws. The advocacy group represents Elvira Reyes-Hernandez, a non-U.S.-citizen plaintiff who previously entered a settlement agreement with Monsanto after being diagnosed with non-Hodgkin lymphoma in connection with exposure to Roundup while working on tree farms in Virginia. Monsanto refused to finalize the agreement because the plaintiff is not a U.S. citizen.
Ninth Circuit Rules that Grizzly Bear Recovery Plan Does Not Constitute a “Rule” that May Be Challenged in Court
The U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. Fish & Wildlife Service (FWS) correctly denied the Center for Biological Diversity’s petition for rulemaking (PFR) seeking to expand the FWS grizzly bear recovery plan. The court decided that a recovery plan is not an agency “rule” that may be amended through the PFR process, and that even if it was, FWS refusal to grant the PFR does not constitute a “final agency action” that may be challenged in court.
The U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. Fish & Wildlife Service (FWS) correctly denied the Center for Biological Diversity’s petition for rulemaking (PFR) seeking to expand the FWS grizzly bear recovery plan. The court decided that a recovery plan is not an agency “rule” that may be amended through the PFR process, and that even if it was, FWS refusal to grant the PFR does not constitute a “final agency action” that may be challenged in court.
Agency Updates
USDA Terminates AWA License for Convicted Wildlife Trafficker
The U.S. Department of Agriculture (USDA) terminated the Animal Welfare Act (AWA) license for Jimmy Wayne Hammonds, aka “The Monkey Whisperer.” In 2022, Hammonds pleaded guilty to wildlife trafficking in violation of the Lacey Act and the Endangered Species Act (ESA) in connection with his illegal sale of a capuchin monkey to hip hop artist Chris Brown, and the illegal sales of ESA-protected primate species to multiple buyers in Alabama, South Carolina, and Wisconsin.
The U.S. Department of Agriculture (USDA) terminated the Animal Welfare Act (AWA) license for Jimmy Wayne Hammonds, aka “The Monkey Whisperer.” In 2022, Hammonds pleaded guilty to wildlife trafficking in violation of the Lacey Act and the Endangered Species Act (ESA) in connection with his illegal sale of a capuchin monkey to hip hop artist Chris Brown, and the illegal sales of ESA-protected primate species to multiple buyers in Alabama, South Carolina, and Wisconsin.
FWS Opens Public Comment Period on Multiple ESA Permit Applications
The U.S. Fish & Wildlife Service (FWS) announced its receipt of multiple Endangered Species Act (ESA) permit applications for the import or export of live animals and for the import of trophy hunted animals taken from a captive bontebok population in South Africa. FWS is accepting public comments through February 17, 2023.
The U.S. Fish & Wildlife Service (FWS) announced its receipt of multiple Endangered Species Act (ESA) permit applications for the import or export of live animals and for the import of trophy hunted animals taken from a captive bontebok population in South Africa. FWS is accepting public comments through February 17, 2023.
EPA Announces New Scope of “Waters of the United States” Definition Under the Clean Water Act
The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced they have finalized a rule defining the scope of “waters of the United States” protected under the Clean Water Act. The final rule aims to establish critical protections for the country’s vital water resources to support public health, environmental protection, agricultural activity, and economic growth. The rule, which becomes effective March 20, 2023, already is being challenged in court by the National Cattlemen’s Beef Association, the National Petroleum Institute, the National Pork Producers Council, the U.S. Poultry and Egg Association, the National Association of Realtors, and a dozen other industry groups claiming the rule is unconstitutional.
The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced they have finalized a rule defining the scope of “waters of the United States” protected under the Clean Water Act. The final rule aims to establish critical protections for the country’s vital water resources to support public health, environmental protection, agricultural activity, and economic growth. The rule, which becomes effective March 20, 2023, already is being challenged in court by the National Cattlemen’s Beef Association, the National Petroleum Institute, the National Pork Producers Council, the U.S. Poultry and Egg Association, the National Association of Realtors, and a dozen other industry groups claiming the rule is unconstitutional.
SEC Whistleblower Complaint Alleges JBS “Green Bonds” Misled Consumers
Mighty Earth, an environmental advocacy group, filed a whistleblower complaint with the U.S. Securities and Exchange Commission (SEC) calling for an investigation into alleged misleading and fraudulent “green bonds” issued by JBS, the world’s largest meat processing company. Mighty Earth’s complaint alleges that JBS based the bond offerings on its commitment to achieve net zero emissions by 2040, but that its emissions actually have increased in recent years.
Mighty Earth, an environmental advocacy group, filed a whistleblower complaint with the U.S. Securities and Exchange Commission (SEC) calling for an investigation into alleged misleading and fraudulent “green bonds” issued by JBS, the world’s largest meat processing company. Mighty Earth’s complaint alleges that JBS based the bond offerings on its commitment to achieve net zero emissions by 2040, but that its emissions actually have increased in recent years.
APHIS Opens Public Comment Period on Avian Flu Environmental Impact Statement
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it intends to prepare an environmental impact statement (EIS) to examine the potential environmental effects of the Agency's response activities to highly pathogenic avian influenza outbreaks in commercial and backyard poultry operations in the United States. APHIS will accept public comments on the EIS through February 17, 2023.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it intends to prepare an environmental impact statement (EIS) to examine the potential environmental effects of the Agency's response activities to highly pathogenic avian influenza outbreaks in commercial and backyard poultry operations in the United States. APHIS will accept public comments on the EIS through February 17, 2023.
APHIS Proposes Regulatory Changes to Improve Animal Disease Traceability in Cattle and Bison
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is proposing to clarify certain animal disease traceability regulations and record retention and record access requirements. These regulatory clarifications seek to enhance the ability of Tribal, State, and Federal officials, private veterinarians, and livestock producers to quickly respond to high-impact diseases currently existing in the United States, as well as foreign animal diseases that threaten the viability of the U.S. cattle and bison industries. APHIS will accept public comments on the proposed changes through March 20, 2023.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is proposing to clarify certain animal disease traceability regulations and record retention and record access requirements. These regulatory clarifications seek to enhance the ability of Tribal, State, and Federal officials, private veterinarians, and livestock producers to quickly respond to high-impact diseases currently existing in the United States, as well as foreign animal diseases that threaten the viability of the U.S. cattle and bison industries. APHIS will accept public comments on the proposed changes through March 20, 2023.
USDA Announces Amendment to Organic Regulations
The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service announced a new rule amending the USDA organic regulations to strengthen oversight and enforcement of the production, handling, and sale of organic agricultural products. The new rule becomes effective March 20, 2023.
The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service announced a new rule amending the USDA organic regulations to strengthen oversight and enforcement of the production, handling, and sale of organic agricultural products. The new rule becomes effective March 20, 2023.
Advocacy Group Urges FTC to Investigate Egg Industry for Alleged Price Gouging and Antitrust Violations
Farm Action sent a letter to the Federal Trade Commission (FTC), urging the agency to open an investigation into alleged price gouging and collusion in the egg industry.
Farm Action sent a letter to the Federal Trade Commission (FTC), urging the agency to open an investigation into alleged price gouging and collusion in the egg industry.
Advocacy Group Petitions FWS to Reintroduce Sea Otters
The Center for Biological Diversity submitted a petition to the U.S. Fish and Wildlife Service (FWS) asking the agency to reintroduce sea otters to a large stretch of the West Coast. The petition follows a 2022 assessment by FWS that sea otter reintroduction to the Pacific Coast is biologically, socioeconomically, and legally feasible.
The Center for Biological Diversity submitted a petition to the U.S. Fish and Wildlife Service (FWS) asking the agency to reintroduce sea otters to a large stretch of the West Coast. The petition follows a 2022 assessment by FWS that sea otter reintroduction to the Pacific Coast is biologically, socioeconomically, and legally feasible.