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Brooks Animal Law Digest

US Edition: Issue 177

  BACK TO US DIGEST INDEX

This Week's Spotlights

Legislative Spotlights - Pending Federal Actions

February 4, 2023
'Justice for Black Farmers Act' Would Prohibit Land Grants from Being Used for Animal Feeding Operations

Senate Bill 96, the “Justice for Black Farmers Act,” would require reforms within the Department of Agriculture to prevent ongoing discrimination against Black farmers and ranchers, including by providing free agricultural land grants to eligible Black individuals. The bill would prohibit land grants from being used for animal feeding operations except in very limited circumstances. The bill was introduced by Senator Cory Booker and has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.

Legislative Spotlights - Pending State Actions

February 4, 2023
Texas Bill Would Limit Public Nuisance Liability for Animal Agriculture

Texas House Bill 1750 would virtually prohibit localities from enacting ordinances relating to animal agriculture operations but for very limited circumstances. The bill has not yet been assigned to a committee.

February 6, 2023
Maryland Bill Would Require Cage-Free Housing for Egg-Laying Hens

Maryland Senate Bill 690 would mandate cage-free housing for egg-laying hens starting January 1, 2025. The bill has been referred to the Senate Committee on Education, Energy, and the Environment.

February 6, 2023
Minnesota Bill Would Ban Retail Pet Sales

Minnesota House File 1276 would prohibit the sale of dogs and cats by retail pet shops. The bill has been referred to the House Committee on Commerce, Finance, and Policy.

February 7, 2023
Maryland Bill Would Promote Alternatives to Animal Experiments

Maryland Senate Bill 560 would establish a fund to promote research “intended to develop human-relevant alternatives to using nonhuman animals in medical and product testing and research.” The bill has been referred to the Senate Finance Committee.

February 7, 2023
New York Bills Would Prohibit the Use of Wild Animals in Circuses

New York Senate Bill 4363 and Assembly Bill 4005 would prohibit the use of wild animals in circuses and traveling acts. The bills have been referred to the Senate and Assembly Committees on Environmental Conservation.

February 7, 2023
New York Bill Would Suspend all Slaughterhouse Operations

New York Senate Bill 4311 would prohibit the licensing of any establishment where animals, including fowl, are slaughtered for food and require the immediate suspension of any existing licenses. The bill would also establish a task force on public health risks and animal welfare concerns associated with slaughterhouses. The bill has been referred to the Senate Committee on Agriculture.

February 7, 2023
New York Bills Would Require Public Schools to Offer Plant-Based Meals in Public Schools

New York Assembly Bill 3708 would require public schools to offer plant-based meal and snack options to students. Assembly Bill 3923 similarly would require public schools to offer plant-based meal options as well as kosher and halal alternatives. The bills have been referred to the Assembly Committee on Education.

February 7, 2023
South Carolina Bill Would Establish Additional Penalties for Animal Activists Who Enter Factory Farms

South Carolina House Bill 3884 would establish additional criminal penalties for advocates who enter animal agriculture facilities. The bill has been referred to the Committee on Agriculture, Natural Resources, and Environmental Affairs.

February 8, 2023
California Bill Would Authorize Civil Cause of Action for Enforcement of Laws Affecting Animals

California Assembly Bill 554 would clarify the authority of a non-profit animal rescue corporation, or humane officer thereof, to bring a civil action to obtain specific or preventive relief to enforce laws relating to or affecting animals. The bill has not yet been referred to a committee.

February 8, 2023
Iowa Bills Would Prohibit Localities from Enacting Breed Discriminatory Ordinances

Iowa House Study Bill 152 and Senate File 234 would prohibit localities from enacting breed discriminatory ordinances. The bills have been referred to the House and Senate Committees on State Government.

February 8, 2023
Kansas Bill Would Limit Issuance and Renewal of CAFO Permits for Facilities Housing Swine

Kansas House Bill 2372 would limit the circumstances under which the state may issue or renew permits for concentrated animal feeding operations that house pigs and have a capacity for one thousand or more animals. The bill has been referred to the House Committee on Agriculture and Natural Resources.

February 8, 2023
Minnesota Bill Would Create Office of Animal Protection in the State’s Department of Public Safety

Minnesota Senate File 1411 would establish an “Office of Animal Protection” within the Department of Public Safety to promote animal welfare programs, coordinate with other law enforcement to enforce cruelty to animals laws, and to investigate crimes against animals. The bill has been referred to the Senate Judiciary and Public Safety Committee.

February 8, 2023
New York Bill Would Prohibit Sales of Captive Exotic Animals

New York Assembly Bill 3810 would prohibit the purchase or sale of captive exotic animals formerly owned or housed by zoos, roadside zoos, or other Animal Welfare Act Class C exhibitors. The bill has been referred to the Assembly Committee on Environmental Conservation.

February 8, 2023
New York Bill Would Create Wrongful Death Cause of Action for Companion Animals

New York Assembly Bill 3976 would create a wrongful death cause of action for companion animals. Damages recoverable would include “the fair monetary value of the deceased companion animal to his or her owner, including damages for the loss of the reasonably expected society, companionship, comfort, protection and services of the deceased companion animal to his or her owner; court costs and reasonable attorney's fees; and other reasonable damages resulting from the intentional, reckless or negligent act or omission.” The bill has been referred to the Assembly Judiciary Committee.

February 9, 2023
Arizona Bill Would Ban Declawing

Arizona House Bill 2738 would prohibit veterinarians from declawing cats unless done for purely therapeutic reasons. The bill has been referred to the House Committee on Rules and the House Committee on Commerce.

February 9, 2023
Connecticut Bill Would Prohibit Breed Discrimination by Insurance Companies

Connecticut House Bill 6635 would prohibit homeowners' insurance and renters' insurance policies from breed discrimination. The bill has been referred to the Committee on Insurance and Real Estate and a public hearing is scheduled for February 16, 2023.

February 9, 2023
Illinois Bill Would Require Reporting of Antibiotic Use in Animal Agriculture

Illinois Senate Bill 1891 would require annual public reporting of the use of antibiotics in animal agriculture, with a target goal of reducing such use by 50%. The bill has been referred to the Senate Committee on Assignments.

February 9, 2023
Illinois Bill Would Ban Testing on Dog and Cats

Illinois Senate Bill 1882 would prohibit most toxicological experiments on dogs and cats. The bill has been referred to the Senate Committee on Assignments.

February 9, 2023
Minnesota Bill Would Prohibit Breed Discrimination by Insurance Companies

Minnesota House File 1532 would prohibit breed discrimination by insurance companies. The bill has been referred to the House Committee on Commerce, Finance, and Policy.

February 9, 2023
New York Bill Would Require Public Schools to Teach Humane Care of Animals

New York Senate Bill 4533 would require public schools to include humane treatment of animals in their curriculum. The bill has been referred to the Senate Committee on Education.

February 9, 2023
Oregon Bill Would Ban the Use of Exotic Animals in Traveling Acts

Oregon House Bill 3214 would prohibit the use of exotic animals in circuses and other traveling acts. The bill has been referred to the House Committee on Economic Development and Small Business.

Case Law Spotlights - Federal Court

February 4, 2023
Massachusetts Lobstermen Sue to Enjoin NMFS’ Emergency Order Temporarily Closing Certain Fisheries

The Massachusetts Lobstermen’s Association sued the National Marine Fisheries Service in the U.S. District Court for the District of Columbia, alleging that the agency’s emergency closure for trap/pot fisheries near Massachusetts between February 1–April 30, 2023 violates the Consolidation Appropriations Act of 2022. Plaintiff is seeking declaratory judgment and an order enjoining enforcement of the closure.

February 9, 2023
Iowa Seeks to Revive Ag-Gag Law, Arguing that Advocacy Groups Lack Standing

The State of Iowa asked [pdf attached: Iowa Ag Gag Brief] the U.S. Court of Appeals for the Eighth Circuit to revive the state’s ag-gag law, arguing that the law fits within the parameters of the First Amendment and that the groups challenging the law lack standing because they have not suffered an injury in fact. 

Agency Spotlights

February 4, 2023
NMFS Announces Emergency Rule to Protect North Atlantic Right Whales

The National Marine Fisheries Service (NMFS) announced it is extending a temporary emergency rule to prohibit trap/pot fishery buoy lines between federal and state waters within the Massachusetts Restricted Area to reduce the incidental mortality and serious injury of North Atlantic right whales. The emergency closure is effective February 1, 2023, through April 30, 2023. The Massachusetts Lobstermen’s Association already has sued NMFS to challenge the closure.

February 7, 2023
USDA Announces School Lunch Program Milk Guidelines

The U.S. Department of Agriculture (USDA) announced a proposed rulemaking to update long-term school nutrition standards, including long-term milk standards. The USDA will accept public comments through April 10, 2023.

February 9, 2023
FWS Announces Controversial Changes to ESA Permitting Processes

The U.S. Fish and Wildlife Service (FWS) is proposing to revise permitting processes under Section 10 of the Endangered Species Act to help landowners, oil & gas companies, and developers who want to manage their lands and undertake development activities while also implementing conservation efforts. Conservation groups criticize the proposed changes for failing to implement sufficient monitoring or accountability. FWS will accept public comments through April 10, 2023.

February 9, 2023
National Chicken Council Petitions FDA to Allow Billions of Discarded Broiler Eggs to be Used in Egg Products

The National Chicken Council petitioned the U.S. Food and Drug Administration (FDA) for a regulatory change to allow surplus broiler eggs to be pasteurized into egg products under U.S. Department of Agriculture Food Safety and Inspection Service jurisdiction. An existing FDA refrigeration rule requires the broiler chicken industry to discard surplus eggs, and the National Chicken Council argues that allowing sufficient time for the broiler industry to send billions of eggs to breakers would help lower prices for consumers.

Other Spotlights

February 6, 2023
Researchers Project Significant Global Increase in the Use of Antibiotics in Animal Agriculture Over the Next Several Years

According to research reported in Nature, the use of antibiotics in industrial animal agriculture is projected to increase globally by 8% between 2020 and 2030 despite recent promises to reduce the use of antibiotics. Overuse of antibiotics in animal agriculture is suspected to be a primary cause of the spread of antibiotic-resistant infections in humans.

Legislative Updates

Pending Federal Actions

February 4, 2023
'Justice for Black Farmers Act' Would Prohibit Land Grants from Being Used for Animal Feeding Operations

Senate Bill 96, the “Justice for Black Farmers Act,” would require reforms within the Department of Agriculture to prevent ongoing discrimination against Black farmers and ranchers, including by providing free agricultural land grants to eligible Black individuals. The bill would prohibit land grants from being used for animal feeding operations except in very limited circumstances. The bill was introduced by Senator Cory Booker and has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.

February 8, 2023
‘Federally Integrated Species Health (FISH) Act’ Would Remove NMFS Jurisdiction Over ESA-Listed Anadromous Fish

House Resolution 872 would amend the Endangered Species Act (ESA) to consolidate the management and regulation of the ESA with respect to anadromous fish species solely within the U.S. Fish & Wildlife Service (FWS), removing the existing split jurisdiction between FWS and the National Marine Fisheries Service. This would apply to salmon and other fish species that migrate from freshwater rivers to the ocean and back to spawn in their natal streams. The bill was re-introduced by Representatives Tom McClintock, Mike Simpson, Michelle Steel, Jim Costa, and Jay Obernolte and has been referred to the House Committee on Natural Resources. The bill text is not yet publicly available.

February 9, 2023
‘Strengthening Local Processing Act’ Would Streamline Operations for Small Meat and Poultry Processors

Senate Bill 354, and its companion bill, House Resolution 945, would amend the Poultry Products Inspection Act and the Federal Meat Inspection Act by streamlining operations for small meat and poultry processors and allowing more of their products to be sold across state lines. Senate Bill 354 was introduced by Senators John Thune and Sherrod Brown and has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry; House Resolution 945 was introduced by Representatives Chellie Pingree and Jim Baird and has been referred to the House Agriculture Committee.

Pending State Actions

February 4, 2023
New Mexico Bill Would Prohibit Animal Shelters from Killing for Space

New Mexico House Bill 239 would establish the state as a “no kill” state and prohibit shelters from killing animals unless they are ill or dangerous. The bill has been referred to the House Committee on Government, Elections, and Indian Affairs and the House Committee on Appropriations and Finance.

February 4, 2023
New York Bill Would Prohibit Zoos from Administering Psychoactive Drugs for Breeding Purposes

New York Assembly Bill 3545 would prohibit zoos from administering psychoactive drugs to animals to facilitate mating activity. The bill has been referred to the Assembly Committee on Environmental Conservation.

February 4, 2023
Texas Bill Would Limit Public Nuisance Liability for Animal Agriculture

Texas House Bill 1750 would virtually prohibit localities from enacting ordinances relating to animal agriculture operations but for very limited circumstances. The bill has not yet been assigned to a committee.

February 6, 2023
Illinois Bill Would Create Licensing Requirement for Dog Trainers

Illinois Senate Bill 1372 would require dog trainers to be licensed with the state and would establish oversight through a Dog Training Licensure Board. The bill has been referred to the Senate Committee on Assignments.

February 6, 2023
Maryland Bill Would Require Cage-Free Housing for Egg-Laying Hens

Maryland Senate Bill 690 would mandate cage-free housing for egg-laying hens starting January 1, 2025. The bill has been referred to the Senate Committee on Education, Energy, and the Environment.

February 6, 2023
Minnesota Bill Would Ban Retail Pet Sales

Minnesota House File 1276 would prohibit the sale of dogs and cats by retail pet shops. The bill has been referred to the House Committee on Commerce, Finance, and Policy.

February 6, 2023
Montana Bill Would Exempt Local Livestock and Poultry Producers from Certain Licensing Requirements

Montana LC 620 would exempt certain facilities from meat establishment licensing requirements. The bill has not yet been assigned to a committee.

February 7, 2023
Arkansas Bill Would Create Tax Credit for Commercial Poultry Producers

Arkansas House Bill 1366 would offset the property tax burden on poultry farmers by establishing a tax credit for property tax paid on certain commercial poultry structures. The bill has been referred to the House Committee on Revenue and Taxation.

February 7, 2023
Connecticut Bill Would Establish Task Force to Study Dog Attacks

Connecticut House Bill 5215 would establish a task force to study dog attacks in the state. The bill has been referred to the Joint Committee on Environment and a public hearing is scheduled for February 15, 2023.

February 7, 2023
Florida Bill Would Authorize Veterinary Telemedicine

Florida Senate Bill 554 would authorize and govern the practice of veterinary telemedicine. It has not yet been assigned to a committee.

February 7, 2023
Illinois Bill Would Broaden Companion Animal Forfeiture Provisions

Illinois Senate Bill 1499 would broaden existing animal forfeiture laws for violations of the state’s Humane Care for Animals Act. The bill has been referred to the Senate Committee on Assignments.

February 7, 2023
Iowa Bill Would Clarify Exemptions to the Prohibition on Unauthorized Practice of Veterinary Medicine

Iowa House Bill 139 clarifies state law relating to the unauthorized practice of veterinary medicine, and the circumstances under which licensed veterinarians may supervise veterinary students and certain other non-veterinarians in administering veterinary services. The bill has been referred to the House Agriculture Committee, which recommended its passage on February 8, 2023.

February 7, 2023
Kansas Bill Would Clarify Housing Laws Relating to Individuals with Service Animals

Kansas Senate Bill 170 would clarify certain housing rights for individuals with service animals and would criminalize the misrepresentation of a companion animal as a service animal. The bill has been referred to the Senate Committee on Judiciary.

February 7, 2023
Kansas Bill Would Establish ‘Pet Animal Board’ and Limit Lawful Animal Confiscations

Kansas House Bill 2342 would establish a “pet animal board” comprised of veterinarians who would be vested with the responsibility for administering the state’s “pet animal act.” The bill additionally would limit the circumstances under which animals may be seized. The bill has been referred to the House Committee on Agriculture and Natural Resources.

February 7, 2023
Maryland Bill Would Promote Alternatives to Animal Experiments

Maryland Senate Bill 560 would establish a fund to promote research “intended to develop human-relevant alternatives to using nonhuman animals in medical and product testing and research.” The bill has been referred to the Senate Finance Committee.

February 7, 2023
New York Bills Would Prohibit the Use of Wild Animals in Circuses

New York Senate Bill 4363 and Assembly Bill 4005 would prohibit the use of wild animals in circuses and traveling acts. The bills have been referred to the Senate and Assembly Committees on Environmental Conservation.

February 7, 2023
New York Bills Would Amend Definitions in the State’s Animal Cruelty Laws

New York Senate Bill 4279 and Assembly Bill 3840 would substantially amend definitions in the state’s animal cruelty laws. The bills have been referred to the Senate and Assembly Committees on Agriculture.

February 7, 2023
New York Bill Would Suspend all Slaughterhouse Operations

New York Senate Bill 4311 would prohibit the licensing of any establishment where animals, including fowl, are slaughtered for food and require the immediate suspension of any existing licenses. The bill would also establish a task force on public health risks and animal welfare concerns associated with slaughterhouses. The bill has been referred to the Senate Committee on Agriculture.

February 7, 2023
New York Bills Would Require Public Schools to Offer Plant-Based Meals in Public Schools

New York Assembly Bill 3708 would require public schools to offer plant-based meal and snack options to students. Assembly Bill 3923 similarly would require public schools to offer plant-based meal options as well as kosher and halal alternatives. The bills have been referred to the Assembly Committee on Education.

February 7, 2023
Oregon Bill Would Ban the Sales of Animal-Tested Cosmetics

Oregon House Bill 3213 would prohibit the sales of cosmetics that have been tested on animals. The bill has been referred to the House Committee on Business and Labor.

February 7, 2023
South Carolina Bill Would Establish Additional Penalties for Animal Activists Who Enter Factory Farms

South Carolina House Bill 3884 would establish additional criminal penalties for advocates who enter animal agriculture facilities. The bill has been referred to the Committee on Agriculture, Natural Resources, and Environmental Affairs.

February 7, 2023
Vermont Bill Would Prohibit Trapping Fur-Bearing Animals with Limited Exceptions

Vermont House Bill 191 would prohibit the trapping of fur-bearing animals unless the person trapping is authorized to trap to defend property or agricultural crops, or the trapping is conducted by a licensed nuisance wildlife control operator. The bill has been referred to the Joint Committee on Environment and Energy.

February 8, 2023
California Bill Would Authorize Civil Cause of Action for Enforcement of Laws Affecting Animals

California Assembly Bill 554 would clarify the authority of a non-profit animal rescue corporation, or humane officer thereof, to bring a civil action to obtain specific or preventive relief to enforce laws relating to or affecting animals. The bill has not yet been referred to a committee.

February 8, 2023
Connecticut Bill Would Update Dog Racing Laws

Connecticut House Bill 6615 would make technical changes to state laws governing dog racing. The bill has been referred to the Committee on General Law and a public hearing is scheduled for February 16, 2023.

February 8, 2023
Iowa Bills Would Prohibit Localities from Enacting Breed Discriminatory Ordinances

Iowa House Study Bill 152 and Senate File 234 would prohibit localities from enacting breed discriminatory ordinances. The bills have been referred to the House and Senate Committees on State Government.

February 8, 2023
Kansas Bill Would Limit Issuance and Renewal of CAFO Permits for Facilities Housing Swine

Kansas House Bill 2372 would limit the circumstances under which the state may issue or renew permits for concentrated animal feeding operations that house pigs and have a capacity for one thousand or more animals. The bill has been referred to the House Committee on Agriculture and Natural Resources.

February 8, 2023
Kentucky Bill Would Establish Additional Protocols to Handle Dangerous Dogs

Kentucky House Bill 212 would amend existing state laws relating to vicious dogs. The bill has been referred to the House Committee on Committees.

February 8, 2023
Minnesota Bill Would Create Office of Animal Protection in the State’s Department of Public Safety

Minnesota Senate File 1411 would establish an “Office of Animal Protection” within the Department of Public Safety to promote animal welfare programs, coordinate with other law enforcement to enforce cruelty to animals laws, and to investigate crimes against animals. The bill has been referred to the Senate Judiciary and Public Safety Committee.

February 8, 2023
New York Bill Would Designate Rescue Cats as the Official State Cat

New York Assembly Bill 3789 would designate rescue cats as the official state cat. The bill has been referred to the Assembly Committee on Governmental Operations.

February 8, 2023
New York Bill Would Prohibit Sales of Captive Exotic Animals

New York Assembly Bill 3810 would prohibit the purchase or sale of captive exotic animals formerly owned or housed by zoos, roadside zoos, or other Animal Welfare Act Class C exhibitors. The bill has been referred to the Assembly Committee on Environmental Conservation.

February 8, 2023
New York Would Require Social Services Workers to Report Animal Cruelty

New York Assembly Bill 3908 would create a duty to report suspected animal cruelty by certain social services workers. The bill has been referred to the Assembly Committee on Children and Families.

February 8, 2023
New York Bill Would Create Wrongful Death Cause of Action for Companion Animals

New York Assembly Bill 3976 would create a wrongful death cause of action for companion animals. Damages recoverable would include “the fair monetary value of the deceased companion animal to his or her owner, including damages for the loss of the reasonably expected society, companionship, comfort, protection and services of the deceased companion animal to his or her owner; court costs and reasonable attorney's fees; and other reasonable damages resulting from the intentional, reckless or negligent act or omission.” The bill has been referred to the Assembly Judiciary Committee.

February 8, 2023
New York Bill Would Establish ‘Responsible Retirement of Racehorses Fund’

New York Assembly Bill 3815 would establish the “responsible retirement of racehorses fund.” The bill has been referred to the Assembly Committee on Ways and Means.

February 9, 2023
Arizona Bill Would Ban Declawing

Arizona House Bill 2738 would prohibit veterinarians from declawing cats unless done for purely therapeutic reasons. The bill has been referred to the House Committee on Rules and the House Committee on Commerce.

February 9, 2023
Arizona Bill Would Prohibit Use of Term ‘Organic’ on Aquaculture, Livestock, or Poultry Products Made from Animals Who Were Administered mRNA Vaccines

Arizona House Bill 2762 would prohibit aquaculture, livestock, or poultry products made from animals who received an mRNA vaccine from being labeled as “organic.” The bill has been assigned to the House Committee on Land, Agriculture & Rural Affairs.

February 9, 2023
California Bill Would Require Shelters to Give 72-Hours Public Notice Prior to Killing Adoptable Animals

California Assembly Bill 595 would require all animal shelters to provide public notice on their website at least seventy-two hours before putting an adoptable dog or cat to sleep, and include the date that an adoptable dog or cat is scheduled to be killed. The bill has not yet been assigned to a committee.

February 9, 2023
California Bill Would Make Accidental Take Reporting Requirement Permanent

California Assembly Bill 606 would amend the California Endangered Species Act by making the reporting requirement for the accidental take of protected species, which is scheduled to expire on January 1, 2024, permanent. The bill has not yet been assigned to a committee.

February 9, 2023
California Bill Would Allow Private Contractors to Make Care and Disposition Decisions About Burros

California Senate Bill 371 would expand existing authority over the care and disposition of undomesticated burros from animal control agencies to include private contractors. The bill has been referred to the Senate Rules Committee.

February 9, 2023
Connecticut Bill Would Prohibit Breed Discrimination by Insurance Companies

Connecticut House Bill 6635 would prohibit homeowners' insurance and renters' insurance policies from breed discrimination. The bill has been referred to the Committee on Insurance and Real Estate and a public hearing is scheduled for February 16, 2023.

February 9, 2023
Georgia Bill Would Redefine ‘Dangerous Dog’ Designation

Georgia Senate Bill 142 would update the definition and requirements for dogs designated as “dangerous.” The bill has not yet been assigned to a committee.

February 8, 2023
Illinois Bill Would Ban Pet Stores from Selling Rabbits

Illinois House Bill 2253 would prohibit pet stores from selling all rabbits. The bill has been referred to the House Rules Committee.

February 9, 2023
Illinois Bill Would Require Reporting of Antibiotic Use in Animal Agriculture

Illinois Senate Bill 1891 would require annual public reporting of the use of antibiotics in animal agriculture, with a target goal of reducing such use by 50%. The bill has been referred to the Senate Committee on Assignments.

February 9, 2023
Illinois Bill Would Amend State Provisions Relating to Control of Beavers, Possums, Raccoons, and Other Fur Bearing Animals

Illinois House Bill 2272 would amend the state’s wildlife code and provisions relating to control of beaver populations and other fur bearing animals. The bill has been referred to the House Rules Committee.

February 9, 2023
Illinois Bill Would Ban Testing on Dog and Cats

Illinois Senate Bill 1882 would prohibit most toxicological experiments on dogs and cats. The bill has been referred to the Senate Committee on Assignments.

February 9, 2023
Minnesota Bill Would Prohibit Breed Discrimination by Insurance Companies

Minnesota House File 1532 would prohibit breed discrimination by insurance companies. The bill has been referred to the House Committee on Commerce, Finance, and Policy.

February 9, 2023
Minnesota Bill Would Allow Canine Bordetella Vaccines to be Sold Over the Counter

Minnesota Senate File 1496 would allow canine Bordetella vaccines to be sold over the counter without a veterinary prescription. The bill has been referred to the Senate Committee on Agriculture, Broadband, and Rural Development.

February 9, 2023
Minnesota Bill Would Establish Oversight of Veterinary Technicians and Unlicensed Veterinary Personnel

Minnesota Senate File 1522 would establish regulations for veterinary technicians and unlicensed veterinary employees. The bill has been referred to the Senate Committee on Agriculture, Broadband, and Rural Development.

February 9, 2023
Missouri Bill Would Provide Stronger Criminal Penalties for those Who Harm Law Enforcement Animals

Missouri House Bill 1116 would enhance criminal penalties for the assault of, injury to, or killing of a law enforcement animal. The bill has not yet been assigned to a committee.

February 9, 2023
New York Bill Would Require Public Schools to Teach Humane Care of Animals

New York Senate Bill 4533 would require public schools to include humane treatment of animals in their curriculum. The bill has been referred to the Senate Committee on Education.

February 9, 2023
Oregon Bill Would Ban the Use of Exotic Animals in Traveling Acts

Oregon House Bill 3214 would prohibit the use of exotic animals in circuses and other traveling acts. The bill has been referred to the House Committee on Economic Development and Small Business.

Case Law Updates

Federal Court Updates

February 4, 2023
Federal Court Approves Four Million Dollar Judgment in Ice Cream-Linked Listeria Wrongful Death Suit

The U.S. District Court for the Middle District of Florida approved $4 million in damages in a default judgment against Big Olaf Creamery in a wrongful death suit brought against the company by the estate of a woman who died of a Listeria monocytogenes (Listeria) infection from eating the company’s ice cream. According to the complaint, she was one of a total of twenty-eight people in eleven states whom the U.S. Centers for Disease Control and Prevention reported infected with an outbreak of Listeria traced to Big Olaf Creamery.

February 4, 2023
Massachusetts Lobstermen Sue to Enjoin NMFS’ Emergency Order Temporarily Closing Certain Fisheries

The Massachusetts Lobstermen’s Association sued the National Marine Fisheries Service in the U.S. District Court for the District of Columbia, alleging that the agency’s emergency closure for trap/pot fisheries near Massachusetts between February 1–April 30, 2023 violates the Consolidation Appropriations Act of 2022. Plaintiff is seeking declaratory judgment and an order enjoining enforcement of the closure.

February 6, 2023
Advocacy Groups Sue to Force EPA to Promulgate Rules That Protect Aquatic Animals from Harmful Vessel Discharges

The Center for Biological Diversity and Friends of the Earth sued the U.S. Environmental Protection Agency (EPA) in the U.S. District Court for the Northern District of California for failing to finalize nationwide standards that would protect U.S. waterways from harmful vessel discharges that introduce species, pathogens, and pollutants that threaten native organisms. Plaintiffs are seeking declaratory judgment that the EPA has violated the Clean Water Act and an order requiring the EPA to promulgate final federal performance standards for vessel incidental discharges within 60 days of the court’s order. 

February 7, 2023
Two More Lawsuits Challenge EPA’s New WOTUS Rule

The State of Texas and industry groups including the American Farm Bureau Federation have filed separate lawsuits asking the U.S. District Court for the Southern District of Texas to enjoin the U.S. Environmental Protection Agency and Army Corps of Engineers' recently finalized "waters of the United States" (WOTUS) rule, arguing it expands the government's jurisdiction beyond what the Clean Water Act allows.

February 8, 2023
Conservation Groups Sue to Protect Endangered Species from Water Park Development

The Center for Biological Diversity, Bat Conservation International, Miami Blue Chapter of the North American Butterfly Association, and the Tropical Audubon Society sued the National Park Service in the U.S. District Court for the Southern District of Florida for failing to protect the endangered Florida bonneted bat and Miami tiger beetle, and the Bartram’s scrub-hairstreak from the destructive effects of the Miami Wilds water park and retail development in South Florida. Plaintiffs are seeking declaratory judgment and injunctive relief.

February 9, 2023
Iowa Seeks to Revive Ag-Gag Law, Arguing that Advocacy Groups Lack Standing

The State of Iowa asked [pdf attached: Iowa Ag Gag Brief] the U.S. Court of Appeals for the Eighth Circuit to revive the state’s ag-gag law, arguing that the law fits within the parameters of the First Amendment and that the groups challenging the law lack standing because they have not suffered an injury in fact. 

Agency Updates

February 4, 2023
NMFS Announces Emergency Rule to Protect North Atlantic Right Whales

The National Marine Fisheries Service (NMFS) announced it is extending a temporary emergency rule to prohibit trap/pot fishery buoy lines between federal and state waters within the Massachusetts Restricted Area to reduce the incidental mortality and serious injury of North Atlantic right whales. The emergency closure is effective February 1, 2023, through April 30, 2023. The Massachusetts Lobstermen’s Association already has sued NMFS to challenge the closure.

February 7, 2023
FWS Seeks Public Comments on Walrus and Sea Otter Reports

The U.S. Fish and Wildlife Service (FWS) announced that it has developed draft revised marine mammal stock assessment reports for the Pacific walrus and for each of the three northern sea otter stocks in Alaska. FWS will accept public comments on the reports through May 8, 2023.

February 7, 2023
NMFS Announces Final Revisions to Process for Distinguishing Serious from Non-Serious Injury of Marine Mammals

The National Marine Fisheries Service (NMFS) announced final revisions to the Process for Distinguishing Serious from Non-Serious Injury of Marine Mammals. NMFS has incorporated public comments into the final Procedural Directive, which becomes effective February 7, 2023.

February 7, 2023
USDA Announces School Lunch Program Milk Guidelines

The U.S. Department of Agriculture (USDA) announced a proposed rulemaking to update long-term school nutrition standards, including long-term milk standards. The USDA will accept public comments through April 10, 2023.

February 7, 2023
NMFS Seeks Public Comments on Air Force Request to Take Marine Mammals

The National Marine Fisheries Service (NMFS) has received a request from the U.S. Department of the Air Force to take marine mammals incidental to testing and training military operations proposed to be conducted in the Eglin Gulf Test and Training Range from 2023 to 2030 in the Gulf of Mexico. NMFS is accepting public comments through March 9, 2023, on the proposed authorization.

February 9, 2023
FWS Announces Controversial Changes to ESA Permitting Processes

The U.S. Fish and Wildlife Service (FWS) is proposing to revise permitting processes under Section 10 of the Endangered Species Act to help landowners, oil & gas companies, and developers who want to manage their lands and undertake development activities while also implementing conservation efforts. Conservation groups criticize the proposed changes for failing to implement sufficient monitoring or accountability. FWS will accept public comments through April 10, 2023.

February 9, 2023
National Chicken Council Petitions FDA to Allow Billions of Discarded Broiler Eggs to be Used in Egg Products

The National Chicken Council petitioned the U.S. Food and Drug Administration (FDA) for a regulatory change to allow surplus broiler eggs to be pasteurized into egg products under U.S. Department of Agriculture Food Safety and Inspection Service jurisdiction. An existing FDA refrigeration rule requires the broiler chicken industry to discard surplus eggs, and the National Chicken Council argues that allowing sufficient time for the broiler industry to send billions of eggs to breakers would help lower prices for consumers.

International Updates

February 7, 2023
Indian Supreme Court Panel Says Tourist Activities Should Not Happen Inside Tiger Reserves

In India, a Supreme Court panel has asked the Union Environment Ministry to amend or withdraw guidelines related to establishment of zoos and safaris within tiger reserves and wildlife sanctuaries to discourage the use of wildlife habitats for tourist activities. The panel said that the National Tiger Conservation Authority should make it mandatory for tiger safaris to operate “outside … the natural habitat of tigers” to ensure that tiger corridors are not “sacrificed for the development of tourism.”

February 8, 2023
China’s New 26-Story Pig Production Facility is the Largest Pig Facility in the World

China has built the world’s largest free-standing pig farm, a 26-story monolith that is projected to house 1.2 million pigs annually. China’s cabinet issued a decree in 2019 requiring all government departments to support the pork industry, including by providing financial support for large-scale, multi-story pig farms, which were approved the same year. Harvard Fellow Jan Dutkiewicz has published this analysis in The New Republic, “China’s Pig High-Rises Are Horrifying. So Are America’s Factory Farms.”

Other Updates

February 4, 2023
High Ranking Army Officer Suspended for Illegal Hunting on Base by Command Staff

Major General Kenneth Kamper, the commanding general of Fort Sill, Oklahoma, was suspended from duty in connection with allegations of “repeated violations” of hunting rules on base. Multiple federal agencies are involved in the investigation.

February 6, 2023
Comprehensive Biodiversity Report Paints Grim Picture for U.S. Wildlife and Plants

A new report on the status of U.S. wildlife conservation reveals that 40% of animals, 34% of plants and 41% of ecosystems nationwide are at risk. NatureServe, a nonprofit organization that assembles conservation data from a national network of scientists and organizations, compiled and published Biodiversity in Focus: United States Edition, among the most comprehensive reports to date on the status of U.S. ecosystems.

February 6, 2023
Researchers Project Significant Global Increase in the Use of Antibiotics in Animal Agriculture Over the Next Several Years

According to research reported in Nature, the use of antibiotics in industrial animal agriculture is projected to increase globally by 8% between 2020 and 2030 despite recent promises to reduce the use of antibiotics. Overuse of antibiotics in animal agriculture is suspected to be a primary cause of the spread of antibiotic-resistant infections in humans.

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