House Resolution 559, the “Butcher Block Act,” would authorize the U.S. Department of Agriculture (USDA) to make (or guarantee) loans and award grants of up to $50 million for establishing, expanding, and otherwise supporting livestock and poultry processing and related activities. The bill would require the USDA to prioritize experienced applicants who can scale-up quickly to increase overall processing capacity. The bill was introduced by Representative Dusty Johnson and has been referred to the House Agriculture Committee.
This Week's Spotlights
Legislative Updates - Pending Federal Actions
House Bill Would Establish Funding Program for Livestock Processors Who Can Scale Quickly
House Bill Would Amend the ESA to Require Assessment of Economic Impacts Prior to Listing Decisions
House Resolution 1142 would amend the Endangered Species Act (ESA) to require consideration of economic impact in making a listing decision with respect to the list of threatened and endangered species. The bill was introduced by Representative August Pfluger and has been referred to the House Committee on Natural Resources. The bill text is not yet publicly available.
House Resolution 1142 would amend the Endangered Species Act (ESA) to require consideration of economic impact in making a listing decision with respect to the list of threatened and endangered species. The bill was introduced by Representative August Pfluger and has been referred to the House Committee on Natural Resources. The bill text is not yet publicly available.
Legislative Updates - Pending State Actions
Illinois Protein Innovation Commission Act Would Foster Development of Plant-Based Alternatives and Cultivated Meats
Illinois House Bill 3710 would create the Protein Innovation Commission to study alternative proteins and foster innovation in the development of plant-based alternatives, fermented proteins, and cultivated meats. The bill has been referred to the House Committee on Rules.
Illinois House Bill 3710 would create the Protein Innovation Commission to study alternative proteins and foster innovation in the development of plant-based alternatives, fermented proteins, and cultivated meats. The bill has been referred to the House Committee on Rules.
New York Bill Would Ban Horse-Drawn Carriages in New York City and Mandate Humane Retirement of Horses
New York Senate Bill 4914 would prohibit the operation of horse-drawn carriages in the City of New York and require the humane retirement of all former horses used in the carriage industry as companion animals or to a humane society or reputable sanctuary. The bill has been referred to the Senate Cities Committee.
New York Senate Bill 4914 would prohibit the operation of horse-drawn carriages in the City of New York and require the humane retirement of all former horses used in the carriage industry as companion animals or to a humane society or reputable sanctuary. The bill has been referred to the Senate Cities Committee.
Oklahoma Bill Would Authorize Localities to Reduce Penalties for Cockfighting from Felony to Misdemeanor
Oklahoma House Bill 2530 would empower localities to lower the criminal classification of cockfighting from a felony to a misdemeanor. The bill was referred to the House Judiciary Committee and passed the committee by a vote of 5-2 on February 23, 2023. A prior version of the bill would have redefined cockfighting as “a fight between birds fitted with spurs, knives, or gaffs” rather than any fight between birds and would have reduced the crime from a felony to a misdemeanor across the state.
Oklahoma House Bill 2530 would empower localities to lower the criminal classification of cockfighting from a felony to a misdemeanor. The bill was referred to the House Judiciary Committee and passed the committee by a vote of 5-2 on February 23, 2023. A prior version of the bill would have redefined cockfighting as “a fight between birds fitted with spurs, knives, or gaffs” rather than any fight between birds and would have reduced the crime from a felony to a misdemeanor across the state.
Rhode Island Bill Would Set Criteria for Companion Animal Custody Determinations
Rhode Island House Bill 5705 would recognize pets as “much more than mere property” and would set factors for courts to determine the ownership of an animal between formerly cohabitating parties. The bill has been referred to the House Judiciary Committee.
Rhode Island House Bill 5705 would recognize pets as “much more than mere property” and would set factors for courts to determine the ownership of an animal between formerly cohabitating parties. The bill has been referred to the House Judiciary Committee.
Iowa Bill Would Prohibit Schools from Serving Cultivated Meats or Plant-Based Foods Using Traditional Animal-Based Terms
Iowa House File 377 would prohibit the state’s Department of Education from serving cultivated meats or plant-based alternatives in schools if they are described as “eggs, meat, burgers, or other terms commonly used to reference animal-based food products.” The bill claims that “providing such foods as an option for children at schools is an insult to the dignity of [Iowa’s] families[.]” The bill has been referred to the House Education Committee.
Iowa House File 377 would prohibit the state’s Department of Education from serving cultivated meats or plant-based alternatives in schools if they are described as “eggs, meat, burgers, or other terms commonly used to reference animal-based food products.” The bill claims that “providing such foods as an option for children at schools is an insult to the dignity of [Iowa’s] families[.]” The bill has been referred to the House Education Committee.
Minnesota Bill Would Create Mandatory Open Hunting Season for Wolves
Minnesota House File 2139 would require an annual open hunting season for wolves, subject to any limitations of the federal Endangered Species Act. The bill has been referred to the House Committee on Environment and Natural Resources Finance and Policy.
Minnesota House File 2139 would require an annual open hunting season for wolves, subject to any limitations of the federal Endangered Species Act. The bill has been referred to the House Committee on Environment and Natural Resources Finance and Policy.
New York Bill Would Require Slaughterhouses to Absorb Costs Associated with Animal Escapes
New York Senate Bill 5030 would require slaughterhouses to reimburse the costs associated with animal escapes. The bill has been referred to the Senate Agriculture Committee.
New York Senate Bill 5030 would require slaughterhouses to reimburse the costs associated with animal escapes. The bill has been referred to the Senate Agriculture Committee.
Case Law Updates - Federal Court
Fourth Circuit Enjoins North Carolina’s Ag-Gag Law
The U.S. Court of Appeals for the Fourth Circuit enjoined application of North Carolina’s ag-gag law “insofar as it applies to bar protected newsgathering activities [advocacy groups] wish[] to conduct.” The Fourth Circuit found that North Carolina’s argument that “undercover investigations in nonpublic areas … constitute unprotected speech” is a “dangerous proposition that would wipe the Constitution’s most treasured protections from large tranches of our daily lives. Fortunately, it has no basis in law.” The court declined to enjoin the “Property Protection Act” on its face, but did enjoin aspects of the law that interfere with undercover investigations by animal protection groups. The suit was brought by People for the Ethical Treatment of Animals, Inc., Animal Legal Defense Fund, the Center For Food Safety, Food & Water Watch, Farm Sanctuary, the Government Accountability Project, the American Society for the Prevention of Cruelty to Animals, and Farm Forward.
The U.S. Court of Appeals for the Fourth Circuit enjoined application of North Carolina’s ag-gag law “insofar as it applies to bar protected newsgathering activities [advocacy groups] wish[] to conduct.” The Fourth Circuit found that North Carolina’s argument that “undercover investigations in nonpublic areas … constitute unprotected speech” is a “dangerous proposition that would wipe the Constitution’s most treasured protections from large tranches of our daily lives. Fortunately, it has no basis in law.” The court declined to enjoin the “Property Protection Act” on its face, but did enjoin aspects of the law that interfere with undercover investigations by animal protection groups. The suit was brought by People for the Ethical Treatment of Animals, Inc., Animal Legal Defense Fund, the Center For Food Safety, Food & Water Watch, Farm Sanctuary, the Government Accountability Project, the American Society for the Prevention of Cruelty to Animals, and Farm Forward.
Agency Updates
GFAS Sanctuary Working with DOJ to Evaluate Animals at Now-Shuttered Puerto Rico Zoo
The U.S. Attorney’s Office for the District of Puerto Rico announced a coordinated effort with the U.S. Department of Agriculture and the U.S. Fish & Wildlife Service to inspect and evaluate animals at the now-shuttered Dr. Juan A. Rivero Zoo, which has a history of substandard care, neglect, and killing of animals that prompted the zoo’s closure in 2017. The evaluations will be conducted by a team of veterinarians and specialists from The Wild Animal Sanctuary, a Global Federation of Animal Sanctuaries (GFAS)–accredited sanctuary with thousands of acres in Colorado and Texas, to help bring about a safe and humane resolution for the remaining animals at what was Puerto Rico’s only zoo.
The U.S. Attorney’s Office for the District of Puerto Rico announced a coordinated effort with the U.S. Department of Agriculture and the U.S. Fish & Wildlife Service to inspect and evaluate animals at the now-shuttered Dr. Juan A. Rivero Zoo, which has a history of substandard care, neglect, and killing of animals that prompted the zoo’s closure in 2017. The evaluations will be conducted by a team of veterinarians and specialists from The Wild Animal Sanctuary, a Global Federation of Animal Sanctuaries (GFAS)–accredited sanctuary with thousands of acres in Colorado and Texas, to help bring about a safe and humane resolution for the remaining animals at what was Puerto Rico’s only zoo.
FWS Proposes ESA Protection for the California Spotted Owl
The U.S. Fish & Wildlife Service (FWS) announced its proposal to list two distinct population segments (DPSs) of the California spotted owl under the Endangered Species Act (ESA). FWS proposes listing the Coastal-Southern California DPS as endangered, and listing the Sierra Nevada DPS as threatened. California spotted owl populations have plummeted because of logging and climate change. FWS will accept public comments on the proposed listings through April 24, 2023.
The U.S. Fish & Wildlife Service (FWS) announced its proposal to list two distinct population segments (DPSs) of the California spotted owl under the Endangered Species Act (ESA). FWS proposes listing the Coastal-Southern California DPS as endangered, and listing the Sierra Nevada DPS as threatened. California spotted owl populations have plummeted because of logging and climate change. FWS will accept public comments on the proposed listings through April 24, 2023.
FDA Opens Public Comment Period on Labeling of Plant-Based Milk Alternatives
The Food and Drug Administration (FDA) announced draft industry guidance entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.” The draft guidance notably proposes that plant-based milk products continue to be sold and labeled as “milk” in marketing and packaging materials. The document also recommends voluntary packaging statements conveying how plant-based milk alternatives nutritionally compare with standard cow’s milk. FDA is accepting comments through April 24, 2023, and is particularly interested in input on nutritional disclosure information.
The Food and Drug Administration (FDA) announced draft industry guidance entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.” The draft guidance notably proposes that plant-based milk products continue to be sold and labeled as “milk” in marketing and packaging materials. The document also recommends voluntary packaging statements conveying how plant-based milk alternatives nutritionally compare with standard cow’s milk. FDA is accepting comments through April 24, 2023, and is particularly interested in input on nutritional disclosure information.
Legislative Updates
Pending Federal Actions
House Bill Would Establish Funding Program for Livestock Processors Who Can Scale Quickly
House Resolution 559, the “Butcher Block Act,” would authorize the U.S. Department of Agriculture (USDA) to make (or guarantee) loans and award grants of up to $50 million for establishing, expanding, and otherwise supporting livestock and poultry processing and related activities. The bill would require the USDA to prioritize experienced applicants who can scale-up quickly to increase overall processing capacity. The bill was introduced by Representative Dusty Johnson and has been referred to the House Agriculture Committee.
House Resolution 559, the “Butcher Block Act,” would authorize the U.S. Department of Agriculture (USDA) to make (or guarantee) loans and award grants of up to $50 million for establishing, expanding, and otherwise supporting livestock and poultry processing and related activities. The bill would require the USDA to prioritize experienced applicants who can scale-up quickly to increase overall processing capacity. The bill was introduced by Representative Dusty Johnson and has been referred to the House Agriculture Committee.
Senate Bill Would Halt Import of Beef from Brazil
Senate Bill 480 would halt imports of Brazilian beef pending the recommendations of a working group to evaluate threats to food safety posed by a strain of Bovine Spongiform Encephalopathy that was previously found in the country. Brazil has already halted exports to China. The bill was introduced by Senators Mike Rounds and Jon Tester, who introduced an earlier version of the bill in 2021. The bill has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry but text is not yet publicly available.
Senate Bill 480 would halt imports of Brazilian beef pending the recommendations of a working group to evaluate threats to food safety posed by a strain of Bovine Spongiform Encephalopathy that was previously found in the country. Brazil has already halted exports to China. The bill was introduced by Senators Mike Rounds and Jon Tester, who introduced an earlier version of the bill in 2021. The bill has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry but text is not yet publicly available.
House Bill Would Amend the ESA to Require Assessment of Economic Impacts Prior to Listing Decisions
House Resolution 1142 would amend the Endangered Species Act (ESA) to require consideration of economic impact in making a listing decision with respect to the list of threatened and endangered species. The bill was introduced by Representative August Pfluger and has been referred to the House Committee on Natural Resources. The bill text is not yet publicly available.
House Resolution 1142 would amend the Endangered Species Act (ESA) to require consideration of economic impact in making a listing decision with respect to the list of threatened and endangered species. The bill was introduced by Representative August Pfluger and has been referred to the House Committee on Natural Resources. The bill text is not yet publicly available.
House Bill Would Establish Stronger Oversight of the Import of Dogs into the United States
House Resolution 1184, companion to the Healthy Dog Importation Act pending in the Senate, would establish stronger oversight of the import of dogs into the United States to better ensure their health and prevent the spread of diseases, including by requiring certificates of veterinary inspection for each imported dog. The bill was introduced by Representative Dusty Johnson and has been referred to the House Committee on Agriculture. The bill text is not yet publicly available.
House Resolution 1184, companion to the Healthy Dog Importation Act pending in the Senate, would establish stronger oversight of the import of dogs into the United States to better ensure their health and prevent the spread of diseases, including by requiring certificates of veterinary inspection for each imported dog. The bill was introduced by Representative Dusty Johnson and has been referred to the House Committee on Agriculture. The bill text is not yet publicly available.
Senate Bill Would Create Greater Transparency in Commodity Check-Off Programs
Senators Cory Booker and Mike Lee have reintroduced the Opportunities for Fairness in Farming Act which would create greater transparency in commodity promotion programs to help prevent anti-competitive and corrupt behavior. The bill text and committee assignment for the current legislative session are not yet publicly available.
Senators Cory Booker and Mike Lee have reintroduced the Opportunities for Fairness in Farming Act which would create greater transparency in commodity promotion programs to help prevent anti-competitive and corrupt behavior. The bill text and committee assignment for the current legislative session are not yet publicly available.
Pending State Actions
Florida Bill Would Establish Multiple Animal Welfare Amendments
Florida Senate Bill 932 would amend the state’s animal welfare statutes in multiple ways, including by prohibiting the sale of cosmetics that have been tested on animals, prohibiting declawing, prohibiting drivers from allowing dogs to put their heads out of the window of a moving motor vehicle, and establishing a publicly-available animal abuser registry. The bill has not yet been assigned to a committee.
Florida Senate Bill 932 would amend the state’s animal welfare statutes in multiple ways, including by prohibiting the sale of cosmetics that have been tested on animals, prohibiting declawing, prohibiting drivers from allowing dogs to put their heads out of the window of a moving motor vehicle, and establishing a publicly-available animal abuser registry. The bill has not yet been assigned to a committee.
Illinois Protein Innovation Commission Act Would Foster Development of Plant-Based Alternatives and Cultivated Meats
Illinois House Bill 3710 would create the Protein Innovation Commission to study alternative proteins and foster innovation in the development of plant-based alternatives, fermented proteins, and cultivated meats. The bill has been referred to the House Committee on Rules.
Illinois House Bill 3710 would create the Protein Innovation Commission to study alternative proteins and foster innovation in the development of plant-based alternatives, fermented proteins, and cultivated meats. The bill has been referred to the House Committee on Rules.
Illinois Bill Would Define Intimate Partner Abuse to Include Harm or Threat of Harm to Companion Animals
Illinois House Bill 3294 would amend the state’s domestic violence laws to define abuse to include abuse or threat of abuse of a companion animal. The bill has been referred to the House Committee on Rules.
Illinois House Bill 3294 would amend the state’s domestic violence laws to define abuse to include abuse or threat of abuse of a companion animal. The bill has been referred to the House Committee on Rules.
New York Bill Would Ban Horse-Drawn Carriages in New York City and Mandate Humane Retirement of Horses
New York Senate Bill 4914 would prohibit the operation of horse-drawn carriages in the City of New York and require the humane retirement of all former horses used in the carriage industry as companion animals or to a humane society or reputable sanctuary. The bill has been referred to the Senate Cities Committee.
New York Senate Bill 4914 would prohibit the operation of horse-drawn carriages in the City of New York and require the humane retirement of all former horses used in the carriage industry as companion animals or to a humane society or reputable sanctuary. The bill has been referred to the Senate Cities Committee.
Oklahoma Bill Would Authorize Localities to Reduce Penalties for Cockfighting from Felony to Misdemeanor
Oklahoma House Bill 2530 would empower localities to lower the criminal classification of cockfighting from a felony to a misdemeanor. The bill was referred to the House Judiciary Committee and passed the committee by a vote of 5-2 on February 23, 2023. A prior version of the bill would have redefined cockfighting as “a fight between birds fitted with spurs, knives, or gaffs” rather than any fight between birds and would have reduced the crime from a felony to a misdemeanor across the state.
Oklahoma House Bill 2530 would empower localities to lower the criminal classification of cockfighting from a felony to a misdemeanor. The bill was referred to the House Judiciary Committee and passed the committee by a vote of 5-2 on February 23, 2023. A prior version of the bill would have redefined cockfighting as “a fight between birds fitted with spurs, knives, or gaffs” rather than any fight between birds and would have reduced the crime from a felony to a misdemeanor across the state.
Rhode Island Bill Would Set Criteria for Companion Animal Custody Determinations
Rhode Island House Bill 5705 would recognize pets as “much more than mere property” and would set factors for courts to determine the ownership of an animal between formerly cohabitating parties. The bill has been referred to the House Judiciary Committee.
Rhode Island House Bill 5705 would recognize pets as “much more than mere property” and would set factors for courts to determine the ownership of an animal between formerly cohabitating parties. The bill has been referred to the House Judiciary Committee.
Iowa Bill Would Prohibit Schools from Serving Cultivated Meats or Plant-Based Foods Using Traditional Animal-Based Terms
Iowa House File 377 would prohibit the state’s Department of Education from serving cultivated meats or plant-based alternatives in schools if they are described as “eggs, meat, burgers, or other terms commonly used to reference animal-based food products.” The bill claims that “providing such foods as an option for children at schools is an insult to the dignity of [Iowa’s] families[.]” The bill has been referred to the House Education Committee.
Iowa House File 377 would prohibit the state’s Department of Education from serving cultivated meats or plant-based alternatives in schools if they are described as “eggs, meat, burgers, or other terms commonly used to reference animal-based food products.” The bill claims that “providing such foods as an option for children at schools is an insult to the dignity of [Iowa’s] families[.]” The bill has been referred to the House Education Committee.
Iowa Bill Would Immunize Veterinarians from Liability for Aiding Law Enforcement in Cruelty Investigations
Iowa House Bill 181 would provide immunity from liability or disciplinary action for veterinarians who assist law enforcement officers in cruelty investigations. The bill has been referred to the House State Government Committee, which approved the bill on February 27, 2023 and renumbered it House File 472.
Iowa House Bill 181 would provide immunity from liability or disciplinary action for veterinarians who assist law enforcement officers in cruelty investigations. The bill has been referred to the House State Government Committee, which approved the bill on February 27, 2023 and renumbered it House File 472.
Kentucky Bill Would Establish Procedures for Seizing Animals in Cruelty Cases
Kentucky Senate Bill 230 would create procedures for the lawful seizure of animals in cruelty cases. The bill has been referred to the Senate Committee on Agriculture.
Kentucky Senate Bill 230 would create procedures for the lawful seizure of animals in cruelty cases. The bill has been referred to the Senate Committee on Agriculture.
Kentucky Bill Would Exempt Certain Poultry Processors from Permit Requirements
Kentucky Senate Bill 234 would exempt poultry processors that slaughter and process fewer than 20,000 birds per year from permit and processing requirements. The bill has been referred to the Senate Committee on Agriculture.
Kentucky Senate Bill 234 would exempt poultry processors that slaughter and process fewer than 20,000 birds per year from permit and processing requirements. The bill has been referred to the Senate Committee on Agriculture.
Maine Bill Would Set Coyote Hunting Season Limitations
Maine Legislative Document 814 would limit daytime hunting of coyotes from thirty minutes prior to sunrise to thirty minutes after sunset between October 1 to March 31 and open season for nighttime hunting of coyotes from thirty minutes after sunset to thirty minutes before sunrise from April 1 to September 30. Current law allows daytime hunting of coyotes all year. The bill has been referred to the Committee on Inland Fisheries and Wildlife.
Maine Legislative Document 814 would limit daytime hunting of coyotes from thirty minutes prior to sunrise to thirty minutes after sunset between October 1 to March 31 and open season for nighttime hunting of coyotes from thirty minutes after sunset to thirty minutes before sunrise from April 1 to September 30. Current law allows daytime hunting of coyotes all year. The bill has been referred to the Committee on Inland Fisheries and Wildlife.
Maine Bill Would Prohibit the Use of the Term “Grass-Fed” to Label Meat from Certain Cows
Maine Legislative Document 834 would define “grass-fed” and prohibit the sales of meat labeled as “grass-fed” unless specific criteria have been met, such as the animals having foraged for plants their entire lives. The bill has been referred to the Committee on Agriculture, Conservation, and Forestry.
Maine Legislative Document 834 would define “grass-fed” and prohibit the sales of meat labeled as “grass-fed” unless specific criteria have been met, such as the animals having foraged for plants their entire lives. The bill has been referred to the Committee on Agriculture, Conservation, and Forestry.
Minnesota Bill Would Prohibit Shelters from Using Gas Chambers for Euthanasia
Minnesota House File 2094 would prohibit shelters from using carbon monoxide, carbon dioxide, or other forms of non-anesthetic gas to kill animals. The bill has been referred to the House Committee on Agriculture Finance and Policy.
Minnesota House File 2094 would prohibit shelters from using carbon monoxide, carbon dioxide, or other forms of non-anesthetic gas to kill animals. The bill has been referred to the House Committee on Agriculture Finance and Policy.
Minnesota Bill Would Create Mandatory Open Hunting Season for Wolves
Minnesota House File 2139 would require an annual open hunting season for wolves, subject to any limitations of the federal Endangered Species Act. The bill has been referred to the House Committee on Environment and Natural Resources Finance and Policy.
Minnesota House File 2139 would require an annual open hunting season for wolves, subject to any limitations of the federal Endangered Species Act. The bill has been referred to the House Committee on Environment and Natural Resources Finance and Policy.
Pennsylvania Bill Would Allow Hunting on Sundays
Pennsylvania Senate Bill 67 would repeal the existing prohibition on hunting on Sundays. The bill has been referred to the Senate Committee on Game and Fisheries.
Pennsylvania Senate Bill 67 would repeal the existing prohibition on hunting on Sundays. The bill has been referred to the Senate Committee on Game and Fisheries.
Rhode Island Bill Would Impose Lifetime Ban on the Ownership of Animals by Certain Cruelty Offenders
Rhode Island House Bill 5706 would impose a lifetime ban on the ownership or possession of animals by certain animal cruelty offenders. The bill has been referred to the House Judiciary Committee.
Rhode Island House Bill 5706 would impose a lifetime ban on the ownership or possession of animals by certain animal cruelty offenders. The bill has been referred to the House Judiciary Committee.
Florida Bill Would Establish Oversight of Animal Cremation Services
Florida House Bill 1061 would set legal standards for animal cremation services. The bill has not yet been referred to a committee.
Florida House Bill 1061 would set legal standards for animal cremation services. The bill has not yet been referred to a committee.
Iowa Bill Would Allow Owners of Agricultural Properties to Kill Fur Bearing Animals
Iowa Senate File 358 would allow individuals to kill fur-bearing animals that the owner or tenant of “an agricultural property or an associated residence” deems to be a nuisance, unless the animals are protected by the state or federal Endangered Species Act. The bill has been assigned to the Senate Committee on Natural Resources and Environment, which approved the bill on February 22, 2023.
Iowa Senate File 358 would allow individuals to kill fur-bearing animals that the owner or tenant of “an agricultural property or an associated residence” deems to be a nuisance, unless the animals are protected by the state or federal Endangered Species Act. The bill has been assigned to the Senate Committee on Natural Resources and Environment, which approved the bill on February 22, 2023.
Montana Bill Would Eliminate Reimbursements for Wolf Hunting Expenses
Montana House Bill 765 would remove reimbursements for wolf hunting expenses and would establish criminal penalties and potential imprisonment for violators as part of its anti-hunting contest law. The bill has been referred to the House Committee on Fish, Wildlife, and Parks.
Montana House Bill 765 would remove reimbursements for wolf hunting expenses and would establish criminal penalties and potential imprisonment for violators as part of its anti-hunting contest law. The bill has been referred to the House Committee on Fish, Wildlife, and Parks.
Montana Bill Would Revise Hunting License Laws
Montana House Bill 773 would make several revisions to the laws governing nonresident hunting licenses, including for the hunting of big game. The bill has been referred to the House Committee on Fish, Wildlife, and Parks.
Montana House Bill 773 would make several revisions to the laws governing nonresident hunting licenses, including for the hunting of big game. The bill has been referred to the House Committee on Fish, Wildlife, and Parks.
Nevada Bill Would Immunize Good Samaritans from Liability for Rescuing Children or Animals from Vehicles in Dangerous Situations
Nevada Senate Bill 190 would establish a “Good Samaritan Law” to immunize individuals from civil or criminal liability if they rescue a child or animal from a vehicle based upon a reasonable belief that the child or animal is in danger. The bill has been referred to the Senate Judiciary Committee.
Nevada Senate Bill 190 would establish a “Good Samaritan Law” to immunize individuals from civil or criminal liability if they rescue a child or animal from a vehicle based upon a reasonable belief that the child or animal is in danger. The bill has been referred to the Senate Judiciary Committee.
New York Bill Would Require Slaughterhouses to Absorb Costs Associated with Animal Escapes
New York Senate Bill 5030 would require slaughterhouses to reimburse the costs associated with animal escapes. The bill has been referred to the Senate Agriculture Committee.
New York Senate Bill 5030 would require slaughterhouses to reimburse the costs associated with animal escapes. The bill has been referred to the Senate Agriculture Committee.
Vermont Bill Would Prohibit Use of Dogs to Hunt Coyotes and Bears
Vermont House Bill 323 would prohibit the use of dogs to hunt bears or coyotes. The bill has been referred to the Joint Committee on Environment and Energy.
Vermont House Bill 323 would prohibit the use of dogs to hunt bears or coyotes. The bill has been referred to the Joint Committee on Environment and Energy.
Case Law Updates
Federal Court Updates
Federal Court Ruling Bans Use of Most Strangulation Snares in Canada Lynx Habitat
The U.S. District Court for the District of Minnesota ordered the Minnesota Department of Natural Resources (MDNR) to ban most uses of strangulation snares in northeastern Minnesota. The order resolves an Endangered Species Act (ESA) lawsuit brought by the Center for Biological Diversity against MDNR to protect ESA-listed Canada lynx who are inadvertently harmed by the traps. The current lynx population in Minnesota may be as low as fifty.
The U.S. District Court for the District of Minnesota ordered the Minnesota Department of Natural Resources (MDNR) to ban most uses of strangulation snares in northeastern Minnesota. The order resolves an Endangered Species Act (ESA) lawsuit brought by the Center for Biological Diversity against MDNR to protect ESA-listed Canada lynx who are inadvertently harmed by the traps. The current lynx population in Minnesota may be as low as fifty.
U.S. Supreme Court Declines to Hear Tyson Foods’ Argument that Coronavirus-Related Wrongful Death Suits Belong in Federal Court
The Supreme Court of the United States (SCOTUS) denied Tyson Foods’ petition for writ of certiorari which asked SCOTUS to reverse an Eighth Circuit ruling that upheld a trial court's decision to remand two coronavirus-related wrongful death lawsuits to state court. Tyson Foods has argued that the cases should be litigated in federal district court.
The Supreme Court of the United States (SCOTUS) denied Tyson Foods’ petition for writ of certiorari which asked SCOTUS to reverse an Eighth Circuit ruling that upheld a trial court's decision to remand two coronavirus-related wrongful death lawsuits to state court. Tyson Foods has argued that the cases should be litigated in federal district court.
Advocacy Group Files FOIA Lawsuit Against White House OMB for Failure to Release Records Relating to Decisions to Delay ESA Protections
The Center for Biological Diversity (CBD) sued the White House’s Office of Management and Budget (OMB) and its Office of Information and Regulatory Affairs today for violating the Freedom of Information Act (FOIA) by refusing to release records on their roles in delaying protections for species listed under the Endangered Species Act (ESA) many months beyond the 90-day deadline imposed by a Clinton-era executive order. CBD is seeking declaratory judgment and injunctive relief.
The Center for Biological Diversity (CBD) sued the White House’s Office of Management and Budget (OMB) and its Office of Information and Regulatory Affairs today for violating the Freedom of Information Act (FOIA) by refusing to release records on their roles in delaying protections for species listed under the Endangered Species Act (ESA) many months beyond the 90-day deadline imposed by a Clinton-era executive order. CBD is seeking declaratory judgment and injunctive relief.
Federal Court Rules that the Gila National Forest May Continue Removal of Feral Cattle from Gila Wilderness
The U.S. District Court for the District of New Mexico denied a request for a temporary restraining order to stop the removal of unbranded and unauthorized cattle from the Gila Wilderness. Unbranded cattle have been destroying fish and wildlife habitat, overgrazing native vegetation, trampling stream banks, and polluting water sources within the Gila Wilderness for decades. The Gila National Forest estimates that there are 50-150 feral cattle remaining in the Gila Wilderness.
The U.S. District Court for the District of New Mexico denied a request for a temporary restraining order to stop the removal of unbranded and unauthorized cattle from the Gila Wilderness. Unbranded cattle have been destroying fish and wildlife habitat, overgrazing native vegetation, trampling stream banks, and polluting water sources within the Gila Wilderness for decades. The Gila National Forest estimates that there are 50-150 feral cattle remaining in the Gila Wilderness.
Advocacy Group Plans ESA Lawsuit Against the U.S. Forest Service for Failure to Protect Wolves from Hunters Along the Colorado-Wyoming Border
The Center for Biological Diversity (CBD) sent a sixty-day notice of intent to sue the U.S. Forest Service under the Endangered Species Act’s citizen suit provision for the agency’s alleged failure to protect wolves from hunters in Medicine Bow-Routt National Forest. CBD intends to seek a ban on wolf hunting and trapping in the entire forest, which straddles the Colorado-Wyoming border.
The Center for Biological Diversity (CBD) sent a sixty-day notice of intent to sue the U.S. Forest Service under the Endangered Species Act’s citizen suit provision for the agency’s alleged failure to protect wolves from hunters in Medicine Bow-Routt National Forest. CBD intends to seek a ban on wolf hunting and trapping in the entire forest, which straddles the Colorado-Wyoming border.
Fourth Circuit Enjoins North Carolina’s Ag-Gag Law
The U.S. Court of Appeals for the Fourth Circuit enjoined application of North Carolina’s ag-gag law “insofar as it applies to bar protected newsgathering activities [advocacy groups] wish[] to conduct.” The Fourth Circuit found that North Carolina’s argument that “undercover investigations in nonpublic areas … constitute unprotected speech” is a “dangerous proposition that would wipe the Constitution’s most treasured protections from large tranches of our daily lives. Fortunately, it has no basis in law.” The court declined to enjoin the “Property Protection Act” on its face, but did enjoin aspects of the law that interfere with undercover investigations by animal protection groups. The suit was brought by People for the Ethical Treatment of Animals, Inc., Animal Legal Defense Fund, the Center For Food Safety, Food & Water Watch, Farm Sanctuary, the Government Accountability Project, the American Society for the Prevention of Cruelty to Animals, and Farm Forward.
The U.S. Court of Appeals for the Fourth Circuit enjoined application of North Carolina’s ag-gag law “insofar as it applies to bar protected newsgathering activities [advocacy groups] wish[] to conduct.” The Fourth Circuit found that North Carolina’s argument that “undercover investigations in nonpublic areas … constitute unprotected speech” is a “dangerous proposition that would wipe the Constitution’s most treasured protections from large tranches of our daily lives. Fortunately, it has no basis in law.” The court declined to enjoin the “Property Protection Act” on its face, but did enjoin aspects of the law that interfere with undercover investigations by animal protection groups. The suit was brought by People for the Ethical Treatment of Animals, Inc., Animal Legal Defense Fund, the Center For Food Safety, Food & Water Watch, Farm Sanctuary, the Government Accountability Project, the American Society for the Prevention of Cruelty to Animals, and Farm Forward.
State Court Updates
Roadside Zoo Owner Is Personally Liable for Funds He Misappropriated from Now-Dissolved Non-Profit
The Court of Appeals of Indiana affirmed a lower court ruling that Tim Stark is personally liable for funds and assets he misappropriated from his former roadside zoo, Wildlife in Need which was organized as a not for profit organization. The entity was shut down after federal and state courts and agencies found multiple legal violations in connection with Stark’s widespread animal abuse and misappropriation of non-profit donations for personal use. Stark, who made an appearance in the Netflix reality show, Tiger King, was banned from ever owning or exhibiting animals in 2021 and his non-profit was dissolved.
The Court of Appeals of Indiana affirmed a lower court ruling that Tim Stark is personally liable for funds and assets he misappropriated from his former roadside zoo, Wildlife in Need which was organized as a not for profit organization. The entity was shut down after federal and state courts and agencies found multiple legal violations in connection with Stark’s widespread animal abuse and misappropriation of non-profit donations for personal use. Stark, who made an appearance in the Netflix reality show, Tiger King, was banned from ever owning or exhibiting animals in 2021 and his non-profit was dissolved.
Agency Updates
GFAS Sanctuary Working with DOJ to Evaluate Animals at Now-Shuttered Puerto Rico Zoo
The U.S. Attorney’s Office for the District of Puerto Rico announced a coordinated effort with the U.S. Department of Agriculture and the U.S. Fish & Wildlife Service to inspect and evaluate animals at the now-shuttered Dr. Juan A. Rivero Zoo, which has a history of substandard care, neglect, and killing of animals that prompted the zoo’s closure in 2017. The evaluations will be conducted by a team of veterinarians and specialists from The Wild Animal Sanctuary, a Global Federation of Animal Sanctuaries (GFAS)–accredited sanctuary with thousands of acres in Colorado and Texas, to help bring about a safe and humane resolution for the remaining animals at what was Puerto Rico’s only zoo.
The U.S. Attorney’s Office for the District of Puerto Rico announced a coordinated effort with the U.S. Department of Agriculture and the U.S. Fish & Wildlife Service to inspect and evaluate animals at the now-shuttered Dr. Juan A. Rivero Zoo, which has a history of substandard care, neglect, and killing of animals that prompted the zoo’s closure in 2017. The evaluations will be conducted by a team of veterinarians and specialists from The Wild Animal Sanctuary, a Global Federation of Animal Sanctuaries (GFAS)–accredited sanctuary with thousands of acres in Colorado and Texas, to help bring about a safe and humane resolution for the remaining animals at what was Puerto Rico’s only zoo.
FWS Considers ESA Permit Application that Would Allow Incidental Takes of California Condors
The U.S. Fish & Wildlife Service (FWS) announced that it has received an application for an incidental take permit under the Endangered Species Act (ESA) that would authorize takes of the federally endangered California condor incidental to wind energy projects. FWS will accept comments through March 24, 2023.
The U.S. Fish & Wildlife Service (FWS) announced that it has received an application for an incidental take permit under the Endangered Species Act (ESA) that would authorize takes of the federally endangered California condor incidental to wind energy projects. FWS will accept comments through March 24, 2023.
FWS Proposes ESA Protection for the California Spotted Owl
The U.S. Fish & Wildlife Service (FWS) announced its proposal to list two distinct population segments (DPSs) of the California spotted owl under the Endangered Species Act (ESA). FWS proposes listing the Coastal-Southern California DPS as endangered, and listing the Sierra Nevada DPS as threatened. California spotted owl populations have plummeted because of logging and climate change. FWS will accept public comments on the proposed listings through April 24, 2023.
The U.S. Fish & Wildlife Service (FWS) announced its proposal to list two distinct population segments (DPSs) of the California spotted owl under the Endangered Species Act (ESA). FWS proposes listing the Coastal-Southern California DPS as endangered, and listing the Sierra Nevada DPS as threatened. California spotted owl populations have plummeted because of logging and climate change. FWS will accept public comments on the proposed listings through April 24, 2023.
FDA Opens Public Comment Period on Labeling of Plant-Based Milk Alternatives
The Food and Drug Administration (FDA) announced draft industry guidance entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.” The draft guidance notably proposes that plant-based milk products continue to be sold and labeled as “milk” in marketing and packaging materials. The document also recommends voluntary packaging statements conveying how plant-based milk alternatives nutritionally compare with standard cow’s milk. FDA is accepting comments through April 24, 2023, and is particularly interested in input on nutritional disclosure information.
The Food and Drug Administration (FDA) announced draft industry guidance entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.” The draft guidance notably proposes that plant-based milk products continue to be sold and labeled as “milk” in marketing and packaging materials. The document also recommends voluntary packaging statements conveying how plant-based milk alternatives nutritionally compare with standard cow’s milk. FDA is accepting comments through April 24, 2023, and is particularly interested in input on nutritional disclosure information.
International Updates
Costa Rica Bans Hunting of Hammerhead Sharks
Costa Rica’s President Rodrigo Chaves Robles signed an executive decree prohibiting the capture, transport, storage, or sale of hammerhead sharks or their parts. Hammerhead sharks are listed on CITES’ Appendix II, but reportedly have been decimated by about 90% in Costa Rica’s waters to supply shark fin soup in countries like China. Due to Costa Rica’s lack of action to protect hammerhead sharks in the past, some conservationists have expressed concern that the most recent decree will not be enforced.
Costa Rica’s President Rodrigo Chaves Robles signed an executive decree prohibiting the capture, transport, storage, or sale of hammerhead sharks or their parts. Hammerhead sharks are listed on CITES’ Appendix II, but reportedly have been decimated by about 90% in Costa Rica’s waters to supply shark fin soup in countries like China. Due to Costa Rica’s lack of action to protect hammerhead sharks in the past, some conservationists have expressed concern that the most recent decree will not be enforced.
Cambridge University Students Vote for Completely Vegan Menus for All Campus Dining
Students at the University of Cambridge voted to transition to exclusively plant-based food across all campus catering services, but ultimate decision-making authority lies with the university, which removed beef and lamb from menus in 2016. The changes have been precipitated by advocacy efforts undertaken by The Plant-Based Universities Campaign, a nationwide initiative of students at more than forty institutions who are pushing for universities to adopt plant-based catering.
Students at the University of Cambridge voted to transition to exclusively plant-based food across all campus catering services, but ultimate decision-making authority lies with the university, which removed beef and lamb from menus in 2016. The changes have been precipitated by advocacy efforts undertaken by The Plant-Based Universities Campaign, a nationwide initiative of students at more than forty institutions who are pushing for universities to adopt plant-based catering.
Other Updates
Federal Legislators Call on Egg Producers to Explain Price Increases
Senator Elizabeth Warren and Representative Katie Porter are calling on five egg-producing companies to provide answers about increased egg prices and the extent to which egg producers “may be using fears about avian flu and supply shocks as a cover to pad their own profits.” The legislators are asking the following companies to provide transparency about the price increases and the resultant financial impacts on the companies: Rose Acre Farms, Cal-Maine Foods, Hillandale Farms, Versova Management, and Daybreak Foods.
Senator Elizabeth Warren and Representative Katie Porter are calling on five egg-producing companies to provide answers about increased egg prices and the extent to which egg producers “may be using fears about avian flu and supply shocks as a cover to pad their own profits.” The legislators are asking the following companies to provide transparency about the price increases and the resultant financial impacts on the companies: Rose Acre Farms, Cal-Maine Foods, Hillandale Farms, Versova Management, and Daybreak Foods.
Report Suggests Agriculture Will Be the Largest Source of U.S. GHG Emissions by 2050
Environmental Working Group published a new report indicating that agriculture will represent the country's largest single source of greenhouse gas (GHG) emissions by 2050 based on current trends and data.
Environmental Working Group published a new report indicating that agriculture will represent the country's largest single source of greenhouse gas (GHG) emissions by 2050 based on current trends and data.