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Brooks Animal Law Digest

US Edition: Issue 180

  BACK TO US DIGEST INDEX

This Week's Spotlights

Legislative Updates: Pending Federal Actions

February 25, 2023
Bill Would Mandate Improved Treatment of Animals in Agriculture and Require Publicly Available Livestreaming of Noncompliant Facilities

House Resolution 598, the “Earth Act to Stop Climate Pollution by 2030,” would require several changes by the animal agriculture industry to mitigate climate change and improve animal welfare. The bill would require regenerative agriculture by 2030, and prohibit the use of antibiotics and hormones in animal agriculture for non-therapeutic purposes. It also would prohibit “forms of physical mutilation including debeaking, beak or bill trimming, declawing, pinioning, wattle trimming, desnooding, detoeing, nose rings, and tusk removal” and would ensure that animals used for agricultural purposes live in “a condition that allows the animal to socialize naturally, to engage in natural behaviors, to have freedom of movement, and to be reared with a mother and weaned at a natural time[.]” The bill also would allow public access to livestream videos of noncompliant facilities. The bill was introduced by Representative Adriano Espaillat and has been referred to the House Agriculture Committee.

February 28, 2023
Bill Would Prohibit Plant-Based Alternatives from Being Labeled as Milk, Yogurt, or Cheese

Senate Bill 549, the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday Act (DAIRY PRIDE Act) of 2023,” would prohibit non-dairy products made from nuts, seeds, plants, and algae from using terms such as “milk,” “yogurt” or “cheese.” Earlier versions of the bill were introduced in 2017, 2019, and 2021, and the measure now runs counter to the U.S. Food and Drug Administration’s recent draft guidance allowing nut, oat, soy, and other non-dairy products to be labeled as "milk.” The bill was introduced by Senators Tammy Baldwin, Jim Risch, Susan Collins, and Peter Welch (D-VT) and has been referred to the Senate Committee on Health, Education, Labor, and Pensions.

Legislative Updates: Pending State Actions

February 25, 2023
Texas Bill Would Exempt Factory Farm Operators from Animal Waste Management Training

Texas House Bill 2827 would amend the state’s Water Code to exempt factory farm operators from training on animal waste management but would require such operators to provide soil testing results at the request of the Texas Commission on Environmental Quality. The bill has been referred to the House Committee on Environmental Regulation.

February 27, 2023
Arkansas Bill Would Prohibit Localities from Limiting the Use of Animals in Multiple Industries

Arkansas Senate Bill 339 would prohibit localities from enacting ordinances that ban or limit the use of animals for agriculture, entertainment, hunting, transportation, or other animal enterprises. The bill was referred to the Senate Committee on Agriculture, Forestry and Economic Development which returned the bill on March 14, 2023, with a “do pass” recommendation.

February 27, 2023
Missouri Bill Would Make Interference with Transport of Livestock Punishable as a Felony

Missouri Senate Bill 666 would create the criminal offense of “interference with the transportation of livestock,” punishable as a felony. The bill has not yet been assigned to a committee.

March 1, 2023
Texas Bill Would Insulate Factory Farms from Nuisance Liability and Local Oversight

Texas Senate Bill 1421 would prohibit nuisance actions against agricultural operations that have been in operation for at least a year. The bill also would eliminate an existing provision that requires new dates of operation for each expansion to an existing agricultural operation, so all dates of operation would revert to the original facility beginning date regardless of the number or size of subsequent expansions. The bill also would limit the ability of incorporated cities to pass ordinances regulating agricultural facilities. The bill has not yet been assigned to a committee.

March 2, 2023
Iowa Bill Would Criminalize the Use of Drones Over Factory Farms

Iowa House File 572 would criminalize the use of drones and “remotely piloted aircraft” over feedlots or other properties “used to maintain agricultural animals” and would provide enhanced criminal penalties for use of drones equipped with cameras or other surveillance equipment. The bill has been referred to the House Agriculture Committee.

March 2, 2023
Minnesota Bill Would Establish Plant-Based Food Development Pilot Program

 

Minnesota House File 2420 would establish a pilot program for plant-based food research and development and a scholarship program to assist in meeting the workforce demand for the plant-based food industry in Minnesota. The bill has been referred to the House Committee on Agriculture Finance and Policy.

March 2, 2023
New York Bill Would Prohibit the Slaughter of Horses or the Export of Horses for Slaughter

New York Assembly Bill 5109 would prohibit the slaughter of horses for human or animal consumption and would prohibit the export or sale of horses for slaughter for human or animal consumption. The bill has been referred to the Assembly Committee on Agriculture.

 

March 3, 2023
New York Bill Would Create New Felony for Causing the Death of an Animal in the Course of Another Crime

New York Assembly Bill 5192 would establish the felony crime of “causing the death of an animal,” during commission of another crime. The bill has been referred to the Assembly Committee on Agriculture.

 

March 9, 2023
Maine Bill Would Require All Public-School Students to Complete a Hunting Course by the End of Ninth Grade

Maine Legislative Document 1084 would require public schools to offer a course in firearm and hunting safety no later than ninth grade and would condition secondary school graduation upon successful completion of the course. The bill has been referred to the Joint Committee on Education and Cultural Affairs.

Legislative Updates; Enacted Municipal Actions

March 6, 2023
Indianapolis Bans Retail Sales of Dogs, Cats, and Rabbits

The City of Indianapolis, Indiana enacted an ordinance banning the retail sales of dogs, cats, and rabbits. The ordinance may be short-lived if the state enacts pending legislation that would prohibit incorporated localities from restricting retail pet sales.

Agency Updates

March 1, 2023
EPA Seeks Public Input on Proposed Consent Decree in Clean Water Act Case

The Environmental Protection Agency (EPA) announced a proposed consent decree that would settle litigation alleging the agency failed to perform duties mandated by the Clean Water Act to revise the effluent limitations guidelines and promulgate pretreatment standards for the Meat and Poultry Products industrial category. EPA is accepting public comments on the proposed consent decree through March 31, 2023.

March 7, 2023
FWS Announces Withdrawal of Rule that Would Have Allowed Hunting of Brown Bears at Bait Stations on Kenai National Wildlife Refuge

The U.S. Fish & Wildlife Service (FWS) announced withdrawal of a proposed rule to amend refuge-specific regulations for Kenai National Wildlife Refuge that would have allowed the killing of brown bears at bait stations and trapping without a federal permit.

March 9, 2023
USDA Announces $43 Million Investment in Meat and Poultry Processing Research

The U.S. Department of Agriculture (USDA) announced an investment of more than $43 million in meat and poultry processing research, innovation, and expansion. This investment is funded through the American Rescue Plan and the Agriculture and Food Research Initiative.

Legislative Updates

Pending Federal Actions

February 25, 2023
Bill Would Mandate Improved Treatment of Animals in Agriculture and Require Publicly Available Livestreaming of Noncompliant Facilities

House Resolution 598, the “Earth Act to Stop Climate Pollution by 2030,” would require several changes by the animal agriculture industry to mitigate climate change and improve animal welfare. The bill would require regenerative agriculture by 2030, and prohibit the use of antibiotics and hormones in animal agriculture for non-therapeutic purposes. It also would prohibit “forms of physical mutilation including debeaking, beak or bill trimming, declawing, pinioning, wattle trimming, desnooding, detoeing, nose rings, and tusk removal” and would ensure that animals used for agricultural purposes live in “a condition that allows the animal to socialize naturally, to engage in natural behaviors, to have freedom of movement, and to be reared with a mother and weaned at a natural time[.]” The bill also would allow public access to livestream videos of noncompliant facilities. The bill was introduced by Representative Adriano Espaillat and has been referred to the House Agriculture Committee.

February 28, 2023
Bill Would Direct FWS to Remove ESA Protections for Greater Yellowstone Grizzly Bears

House Resolution 1245 would direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife. It was introduced by Representative Harriet Hageman. Representative Matt Rosendale introduced a similar bill, House Resolution 1364, which additionally would require removal of Endangered Species Act protections for the Northern Continental Divide Ecosystem population of grizzly bears. Both bills have been referred to the House Committee on Natural Resources. The text of both bills is not yet publicly available.

February 28, 2023
Bill Would Streamline Disaster Aid for Animal Agriculture Industry

Senate Bill 555, the Livestock Disaster Assistance Improvement Act, would improve the effectiveness and timeliness of multiple U.S. Department of Agriculture (USDA) programs to assist producers of livestock, honey bees, and farmed fish during adverse weather events. The legislation also would provide USDA with direction to help improve the accuracy of the U.S. Drought Monitor, which triggers certain disaster programs. The bill was introduced by Senators John Thune and Ben Ray Luján, and has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.

February 28, 2023
Bill Would Prohibit Plant-Based Alternatives from Being Labeled as Milk, Yogurt, or Cheese

Senate Bill 549, the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday Act (DAIRY PRIDE Act) of 2023,” would prohibit non-dairy products made from nuts, seeds, plants, and algae from using terms such as “milk,” “yogurt” or “cheese.” Earlier versions of the bill were introduced in 2017, 2019, and 2021, and the measure now runs counter to the U.S. Food and Drug Administration’s recent draft guidance allowing nut, oat, soy, and other non-dairy products to be labeled as "milk.” The bill was introduced by Senators Tammy Baldwin, Jim Risch, Susan Collins, and Peter Welch (D-VT) and has been referred to the Senate Committee on Health, Education, Labor, and Pensions.

March 3, 2023
Bill Would Create Presumption that Oil and Gas Projects in the Gulf of Mexico Are Compliant with the ESA and MMPA

House Resolution 1335 would streamline approval for onshore and offshore oil and gas drilling projects. This would be accomplished by measure that include requiring the Secretary of the Interior to authorize oil and gas activities on the Gulf of Mexico Outer Continental Shelf within thirty days of receipt of a complete application and to deem any such applications compliant with the Marine Mammal Protection Act and the Endangered Species Act. The bill was introduced by Representative Bruce Westerman and has been referred to the House Committee on Natural Resources.

March 7, 2023
Bill Would Require Amendments to the Marine Mammal Protection Act

House Resolution 1383 would amend the Marine Mammal Protection Act by requiring the Secretary of Commerce to establish a climate impact management plan for the conservation of certain marine mammal species. The bill was introduced by Representative Julia Brownley and referred to the House Committee on Natural Resources. The bill text is not yet publicly available.

March 8, 2023
Bill Would Allow Livestock Producers to Kill Black Vultures

House Resolution 1437 would authorize livestock producers to take black vultures without a Migratory Bird Depredation Permit if they believe the vultures will cause injury or death to livestock. The bill was introduced by Representatives John Rose and Darren Soto and has been referred to the House Committee on Natural Resources. The bill text is not yet publicly available.

 

March 8, 2023
Bill Would Amend AWA to Allow Retirement of Certain Animals Used in Experiments

Senate Bill 707 would amend the federal Animal Welfare Act to allow for the retirement of certain animals used in experiments. The bill was introduced by Senator Susan Collins and has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry. The bill text is not yet publicly available.

Enacted State Actions

February 25, 2023
Ohio Law Revises Cruelty Code and Bans Gas Chambers

Ohio Governor Mike DeWine signed Senate Bill 164, which revises laws and penalties associated with companion animal cruelty and prohibits shelters from using gas chambers to kill animals. The bill becomes effective on April 3, 2023.

Pending State Actions

February 25, 2023
Iowa Bill Would Set Professional Standards for Vet Techs

Iowa House File 434 would establish professional standards for certified veterinary technicians. The bill has been referred to the House Agriculture Committee.

Key terms: veterinary practice

February 25, 2023
Texas Bill Would Exempt Factory Farm Operators from Animal Waste Management Training

Texas House Bill 2827 would amend the state’s Water Code to exempt factory farm operators from training on animal waste management but would require such operators to provide soil testing results at the request of the Texas Commission on Environmental Quality. The bill has been referred to the House Committee on Environmental Regulation.

February 27, 2023
Arkansas Bill Would Prohibit Localities from Limiting the Use of Animals in Multiple Industries

Arkansas Senate Bill 339 would prohibit localities from enacting ordinances that ban or limit the use of animals for agriculture, entertainment, hunting, transportation, or other animal enterprises. The bill was referred to the Senate Committee on Agriculture, Forestry and Economic Development which returned the bill on March 14, 2023, with a “do pass” recommendation.

February 27, 2023
Missouri Bill Would Make Interference with Transport of Livestock Punishable as a Felony

Missouri Senate Bill 666 would create the criminal offense of “interference with the transportation of livestock,” punishable as a felony. The bill has not yet been assigned to a committee.

February 27, 2023
New Jersey Bill Would Prohibit the Sale of Kangaroo Products

New Jersey Assembly Bill 5237, the “Kangaroo Protection Act of 2022,” would prohibit the sale or barter or offering for sale or barter of dead kangaroos or any products made from kangaroos. The bill has been referred to the Assembly Committee on Agriculture and Food Security.

February 28, 2023
Connecticut Bill Would Authorize Bear Hunt Season

Connecticut Senate Bill 1148 would authorize the killing of bears who damage crops or cause certain types of harm, establish an annual bear hunt season in Litchfield County, and prohibit the intentional and unintentional feeding of bobcats, coyotes, foxes, and bears. The bill has been referred to the Joint Environment Committee.

February 28, 2023
Florida Bills Would Require State to Protect Certain Species Regardless of ESA Listing Status

Florida Senate Bill 1298 and its companion, House Bill 1229, would direct the Florida Fish and Wildlife Conservation Commission (FWCC) to protect certain imperiled species regardless of their federal listing status and would prohibit FWCC from considering certain costs when designating a species as either threatened or endangered. Senate Bill 1298 has been referred to the Senate Environment and Natural Resources Committee and House Bill 1229 has been referred to the House Infrastructure Strategies Committee.

Key terms: aquatic animals, exotic animals, wildlife

 

February 28, 2023
South Carolina Bill Would Prohibit the Release of Site-Specific Data About Protected Species

South Carolina Assembly Bill 4047 would prohibit the state’s Department of Natural Resources from releasing records that contain site-specific information about the location of federal- or state-listed imperiled species. The bill has been referred to the House Committee on Agriculture, Natural Resources, and Environmental Affairs.

 

February 28, 2023
Vermont Bill Would Require Rabies Vaccines for Dogs and Wolf-Dog Hybrids

Vermont House Bill 410 would require proof of rabies vaccination for ownership of dogs or wolf-dog hybrids. The bill has been referred to the House Committee on Agriculture, Food Resiliency, and Forestry.

February 28, 2023
Wisconsin Bill Would Exempt Certain Injuries to Dogs from the Cruelty Code

Wisconsin Assembly Bill 75 would amend the definition of animal cruelty to exempt injuries sustained by dogs during hunting or certain training practices. The bill has been referred to the Assembly Committee on the Judiciary.

March 1, 2023
Iowa Bill Would Prohibit Localities from Enacting Breed Discriminatory Legislation

Iowa Senate File 476 would prohibit localities from enacting or enforcing legislation that discriminates against dog ownership based on breed. The bill has been referred to the Senate Committee on State Government, which approved the bill on March 1, 2023.

March 1, 2023
Rhode Island Bill Would Ban Canned Hunting

Rhode Island House Bill 5864 would prohibit captive hunting. The bill has been referred to the House Committee on Environment and Natural Resources.

 

March 1, 2023
Rhode Island Bill Would Include Animal Cruelty or Abandonment in the Definition of Domestic Violence

Rhode Island House Bill 5919 would include animal cruelty or abandonment of animals in the definition of domestic violence. The bill has been referred to the House Judiciary Committee.

March 1, 2023
Rhode Island Bill Would Prohibit the Sale of Cosmetics Developed or Manufactured Using Animal Testing

Rhode Island House Bill 5879 would prohibit the sales of cosmetics that have been developed or manufactured using animal testing. The bill has been referred to the Assembly Committee on Health and Human Services.

March 1, 2023
Texas Bill Would Insulate Factory Farms from Nuisance Liability and Local Oversight

Texas Senate Bill 1421 would prohibit nuisance actions against agricultural operations that have been in operation for at least a year. The bill also would eliminate an existing provision that requires new dates of operation for each expansion to an existing agricultural operation, so all dates of operation would revert to the original facility beginning date regardless of the number or size of subsequent expansions. The bill also would limit the ability of incorporated cities to pass ordinances regulating agricultural facilities. The bill has not yet been assigned to a committee.

March 2, 2023
Florida Bill Would Require Dog Breeders to Be Licensed and Inspected by the State

Florida Senate Bill 1492 would require dog breeders to be licensed and inspected by the state and would empower the Department of Agriculture and Consumer Services to establish regulations for better oversight of dog breeders. The bill has been referred to the Senate Agriculture Committee.

March 2, 2023
Florida Bill Would Require Dog Breeders to Pay Annual Registration Fees

Florida Senate Bill 1494 would require dog breeders to pay annual registration fees. The bill has been referred to the Senate Agriculture Committee.

 

March 2, 2023
Iowa Bill Would Provide Financial Assistance to Dairy Production Facilities

Iowa House File 580 would establish a “dairy innovation fund” to provide financial support to Iowa-based dairy businesses for purposes of improving or expanding. The bill has been referred to the House Appropriations Committee.

March 2, 2023
Iowa Bill Would Criminalize the Use of Drones Over Factory Farms

Iowa House File 572 would criminalize the use of drones and “remotely piloted aircraft” over feedlots or other properties “used to maintain agricultural animals” and would provide enhanced criminal penalties for use of drones equipped with cameras or other surveillance equipment. The bill has been referred to the House Agriculture Committee.

March 2, 2023
Minnesota Bill Would Establish Plant-Based Food Development Pilot Program

 

Minnesota House File 2420 would establish a pilot program for plant-based food research and development and a scholarship program to assist in meeting the workforce demand for the plant-based food industry in Minnesota. The bill has been referred to the House Committee on Agriculture Finance and Policy.

March 2, 2023
New York Bill Would Remove Existing Limit on Prison Terms for Aggravated Cruelty to Animals

New York Senate Bill 5325 would remove the existing two-year maximum prison sentence for aggravated cruelty to animals. The bill has been referred to the Senate Committee on Agriculture.

March 2, 2023
New York Bill Would Prohibit the Slaughter of Horses or the Export of Horses for Slaughter

New York Assembly Bill 5109 would prohibit the slaughter of horses for human or animal consumption and would prohibit the export or sale of horses for slaughter for human or animal consumption. The bill has been referred to the Assembly Committee on Agriculture.

 

March 3, 2023
New York Bill Would Require Veterinarians to Report Companion Animal Causes of Death

New York Senate Bill 5432 would require veterinarians to disclose companion animal causes of death to the New York Department of Agriculture and Markets. The bill has been referred to the Senate Committee on Higher Education.

March 3, 2023
New York Bills Would Broaden the Definition and Application of Aggravated Cruelty to Animals

New York Assembly Bill 5184 and Assembly Bill 5177 would expand the definition of aggravated cruelty to animals and a companion bill, Assembly Bill 5179, would broaden the application of aggravated cruelty beyond companion animals. The bills have been referred to the Assembly Committee on Agriculture.

Key terms: companion animals, criminal law

March 3, 2023
New York Bills Would Update Animal Surrender and Shelter Hold Periods

New York Assembly Bill 5168 and Assembly Bill 5170 would amend state oversight of owner surrender and shelter hold periods prior to offering animals for adoption. The bill has been referred to the Assembly Committee on Agriculture.

 

March 3, 2023
New York Bill Would Create New Felony for Causing the Death of an Animal in the Course of Another Crime

New York Assembly Bill 5192 would establish the felony crime of “causing the death of an animal,” during commission of another crime. The bill has been referred to the Assembly Committee on Agriculture.

 

March 3, 2023
New York Bill Would Create Enhanced Penalties for Repeat Cruelty Offenders

New York Assembly Bill 5160 would amend the cruelty code to provide enhanced penalties for repeat animal cruelty offenders. The bill has been referred to the Assembly Committee on Agriculture.

March 3, 2023
New York Bill Would Criminalize Misrepresentation of a Companion Animal as a Service Animal

New York Senate Bill 5435 would amend the penal code by criminalizing the misrepresentation of a companion animal as a service animal for “personal benefit,” which includes “obtaining any rights or privileges afforded to a person with a disability requiring the assistance of a service animal.” The bill has been referred to the Senate Committee on Codes.

March 3, 2023
Texas Bill Would Restrict Ownership of Venomous Snakes and Other Dangerous Animals

Texas House Bill 3482 would restrict private ownership of venomous snakes and limit the circumstances under which certificates of registration may be issued for ownership of dangerous wild animals. The bill has not yet been assigned to a committee.

March 6, 2023
Florida Bill Would Authorize Use of Lethal Force on Bears in Certain Circumstances

Florida House Bill 1587 would authorize the use of lethal force to take bears to protect oneself or one’s property. The bill has been referred to the House Appropriations Committee.

March 7, 2023
Iowa Bill Would Update Criteria for Lawful Killing of Dogs by Peace Officers and Prohibit Breed Discrimination

Iowa House File 651 would clarify the circumstances under which law enforcement officers and civilians may legally kill dogs. The bill additionally would prohibit counties and municipalities from discriminating against dog ownership based on breed and similarly prevent insurance companies from discriminating based on breed for homeowner’s or renter’s policies. The bill has been assigned to the House Committee on State Government.

 

March 7, 2023
Maine Bill Would Ban Canned Hunting

Maine Legislative Document 1068 would criminalize the hunting of animals in enclosed areas. The bill has been referred to the Joint Committee on Agriculture, Conservation, and Forestry.

March 7, 2023
Michigan Bill Would Impose Reporting Requirements for Animal Testing Facilities

Michigan Senate Bill 148 would impose certain reporting requirements on facilities that perform animal experiments and allow assessment of administrative fines for certain violations. The bill has been referred to the Senate Natural Resources and Agriculture Committee.

March 7, 2023
North Carolina Bill Would Establish the Bottlenose Dolphin as the State Marine Mammall

North Carolina Senate Bill 207 would establish the bottlenose dolphin as the State Marine Mammal. The bill has been referred to the Senate Committee on Rules and Operations.

March 7, 2023
Texas Bill Would Criminalize Possession of Animals by Certain Cruelty Offenders

Texas House Bill 3854 would make it a crime for certain animal cruelty offenders to be in possession of an animal. The bill has not yet been assigned to a committee.

March 8, 2023
Nevada Bill Would Exempt Certain Individuals and Procedures from Veterinary Practice Regulations

Nevada Senate Bill 229 would exempt certain individuals who perform dental services on equine animals and livestock from veterinary practice regulations. The bill has been referred to the Senate Committee on Commerce and Labor.

March 8, 2023
Pennsylvania Bill Would Criminalize Ear Cropping by Non-Veterinarians

Pennsylvania House Bill 222 would amend the definition of cruelty to animals by including ear-cropping by anyone other than a licensed veterinarian. The bill has been referred to the House Judiciary Committee.

 

March 8, 2023
Texas Bill Would Provide for the Rehoming of Animals Formerly Used in Experiments

Texas House Bill 4197, the “Research Animal Retirement Act,” would set requirements for the retirement and rehoming of animals formerly used in experiments. The bill has not yet been assigned to a committee.

 

March 8, 2023
Texas Bill Would Penalize Misrepresentation of an Animal as a Service Animal

Texas House Bill 4164 would impose civil penalties for the misrepresentation of an animal as a service animal. The bill has not yet been assigned to a committee.

 

March 9, 2023
Maine Bill Would Require All Public-School Students to Complete a Hunting Course by the End of Ninth Grade

Maine Legislative Document 1084 would require public schools to offer a course in firearm and hunting safety no later than ninth grade and would condition secondary school graduation upon successful completion of the course. The bill has been referred to the Joint Committee on Education and Cultural Affairs.

March 9, 2023
Texas Bill Would Exempt Certain Records Held by the Texas Animal Health Commission from Public Disclosure

Texas Senate Bill 2036 would exempt from public disclosure records held by the Texas Animal Health Commission that relate to biosecurity data or plans, food supply, or emergency preparedness. The bill has not yet been assigned to a committee.

Enacted Municipal Actions

March 6, 2023
Indianapolis Bans Retail Sales of Dogs, Cats, and Rabbits

The City of Indianapolis, Indiana enacted an ordinance banning the retail sales of dogs, cats, and rabbits. The ordinance may be short-lived if the state enacts pending legislation that would prohibit incorporated localities from restricting retail pet sales.

Case Law Updates

Federal Court Updates

March 25, 2023
Cattle Growers Challenge Forest Service Plan to Shoot Feral Cattle

The New Mexico Cattle Growers’ Association, Spur Lake Cattle Co., Nelson Shirley, individually, Allen Campbell, individually, and the Humane Farming Association filed a lawsuit against the U.S. Department of Agriculture’s Forest Service and Animal and Plant Health Inspection Service (APHIS), challenging the agency’s approval of the “mass slaughter of as many as 150 ‘unauthorized’ cattle in Gila National Forest.” Plaintiffs allege that the Forest Service has approved a project that would authorize APHIS to shoot cattle with high-powered rifles from a helicopter and leave their carcasses throughout New Mexico’s Gila Wilderness. Plaintiffs allege that the Forest Service has no legal authority to carry out the slaughter and are seeking declaratory judgment and injunctive relief.

March 2, 2023
Federal Judge Approves $33 Million Settlement in Salmon Price Fixing Case

The U.S. District Court for the Southern District of Florida approved a $33 million price-fixing settlement between a proposed class of indirect salmon purchasers and Norwegian salmon-farming companies, ending an ongoing dispute between the parties over alleged coordinated price hikes by the commercial salmon farms. The settlement covers roughly 400,000 businesses that bought salmon for resale from April 10, 2013, to the date of approval on Monday.

March 2, 2023
Bumble Bee Foods Faces Class Action Over “Certified Sustainable Seafood” Representations

A group of consumers has filed a class-action consumer protection complaint in the U.S. District Court for the Central District of California asserting that a certification logo from the Marine Stewardship Council (MSC) that Bumble Bee Foods, LLC features on its product labels misleads consumers into believing that the company’s fish-harvesting practices are sustainable. Plaintiffs allege that MSC-certified fisheries are allowed to harm dolphins, sea turtles, and whales caught in nets and exploit the labor of migrant workers on fishing boats. The complaint further claims that Bumble Bee’s practices are not sustainable because the company uses purse seiners, gillnets, and longlines to catch fish, and “no reasonable consumer would deem these fishing practices sustainable.”

 

March 2, 2023
Lobster Fishers Sue Monterey Bay Aquarium for Damages Over Comments Relating to Lobster Fishing Impacts on Endangered Whales

A group of Massachusetts-based lobster fishers filed a class action lawsuit against the Monterey Bay Aquarium and the Marine Stewardship Council (MSC) in the U.S. District Court for the Eastern District of Louisiana. The suit alleges there is “minimal evidence” to support Monterey Bay Aquarium’s statements that lobster fishing in the Gulf of Maine is unsustainable due to its harm to endangered North Atlantic right whales. Those statements prompted MSC to drop the American Lobster from its list of sustainable foods, citing the danger to right whales, which in turn triggered Whole Foods, Hello Fresh, and Blue Apron to eliminate Gulf of Maine lobsters from their retail offerings. Plaintiffs are seeking class certification and monetary damages.

March 7, 2023
Advocacy Group Sues FWS to Protect Imperiled Fish

The Center for Biological Diversity (CBD) filed a lawsuit against the U.S. Fish & Wildlife Service in the U.S. District Court for the District of Arizona, alleging the agency violated the Endangered Species Act by delaying a listing decision to protect Utah’s least chub and Nevada’s Fish Lake Valley tui chub. The lawsuit also challenges the agency’s failure to issue final rules to protect three species of imperiled turtles and two species of rare crayfish. CBD is seeking declaratory judgment and injunctive relief.

Agency Updates

February 27, 2023
FWS Reopens Public Comment Period on ESA Listing for Longfin Smelt

The U.S. Fish & Wildlife Service (FWS) announced it is reopening the public comment period on the proposed Endangered Species Act (ESA) listing status for the San Francisco Bay-Delta distinct population segment of longfin smelt. FWS will accept comments through March 29, 2023, and held a public hearing on March 14, 2023, via Zoom.

February 27, 2023
Forest Service and FWS Seek Public Input on Subsistence Hunting and Trapping Seasons in Alaska

The U.S. Forest Service and the U.S. Fish & Wildlife Service (FWS) announced a proposed rule under the Alaska National Interest Lands Conservation Act that would establish regulations for hunting and trapping seasons, harvest limits, and methods and means related to taking of wildlife for subsistence uses during the 2024-25 and 2025-26 regulatory years. The agencies will accept public comments through April 4, 2023, and will hold a series of public hearings between September 19 and November 1, 2023.

February 27, 2023
City of Santa Cruz Seeks MMPA Permit to Take Marine Mammals Incidental to Seismic Retrofit Project

The National Marine Fisheries Service (NMFS) has received a request from the City of Santa Cruz for Marine Mammal Protection Act authorization to take marine mammals incidental to two years of construction activities associated with the Murray St. Bridge Seismic Retrofit Project in Santa Cruz, California. NMFS will accept public comments through March 29, 2023.

 

 

March 1, 2023
EPA Seeks Public Input on Proposed Consent Decree in Clean Water Act Case

The Environmental Protection Agency (EPA) announced a proposed consent decree that would settle litigation alleging the agency failed to perform duties mandated by the Clean Water Act to revise the effluent limitations guidelines and promulgate pretreatment standards for the Meat and Poultry Products industrial category. EPA is accepting public comments on the proposed consent decree through March 31, 2023.

March 2, 2023
FWS Finalizes Threatened Status for Rare Catfish in Georgia and Tennessee

The U.S. Fish & Wildlife Service (FWS) issued a final rule that protects a population of frecklebelly madtom in the Upper Coosa River of Georgia and Tennessee as threatened under the Endangered Species Act. The agency also proposed to designate 134 miles of the Etowah and Conasauga rivers as protected critical habitat for the imperiled catfish, but the proposal still would allow logging to continue. The rule becomes effective on April 3, 2023.

March 3, 2023
APHIS Announces Bovine Tuberculosis Classifications for Eight Mexican Regions

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service announced bovine tuberculosis classifications for eight Mexican regions. The changes in recognized disease status are effective March 3, 2023.

 

March 6, 2023
Conservation Groups Seek ESA Protection for Pygmy Rabbits

The Western Watersheds Project, Center for Biological Diversity, WildEarth Guardians, and Defenders of Wildlife submitted a petition to the U.S. Fish and Wildlife Service requesting protection of pygmy rabbits under the Endangered Species Act. The petition states that the rabbits depend on the sagebrush steppe ecosystems of the Sagebrush Sea for their survival and are at risk of extinction because of habitat loss and disease.

March 6, 2023
FWS Seeks Public Comments on Five-Year Review for the Virginia Big-Eared Bat

The U.S. Fish & Wildlife Service (FWS) is initiating a five-year review under the Endangered Species Act for the Virginia big-eared bat. FWS will accept public comments on the review through April 5, 2023.

March 7, 2023
USDA Announces Comment Period Extension for ANPR on Handling Wild and Exotic Animals for Exhibition

The U.S. Department of Agriculture (USDA) is extending the comment period for its advance notice of proposed rulemaking on its plan to strengthen regulations regarding the handling of wild and exotic animals for exhibition, as well as the training of personnel involved in the handling of wild and exotic animals, and to establish standards addressing environmental enrichment for all regulated animals. The USDA will accept public comments through April 10, 2023.

March 7, 2023
FWS Announces Withdrawal of Rule that Would Have Allowed Hunting of Brown Bears at Bait Stations on Kenai National Wildlife Refuge

The U.S. Fish & Wildlife Service (FWS) announced withdrawal of a proposed rule to amend refuge-specific regulations for Kenai National Wildlife Refuge that would have allowed the killing of brown bears at bait stations and trapping without a federal permit.

March 9, 2023
FWS Announces ESA Listing Status for Imperiled Mussels

The U.S. Fish & Wildlife Service listed the round hickorynut and longsolid freshwater mussels as threatened under the Endangered Species Act. The agency also set aside 2,136 river miles of critical habitat for the imperiled mollusks from Pennsylvania to Mississippi. The rule becomes effective April 10, 2023.

 

March 9, 2023
USDA Announces $43 Million Investment in Meat and Poultry Processing Research

The U.S. Department of Agriculture (USDA) announced an investment of more than $43 million in meat and poultry processing research, innovation, and expansion. This investment is funded through the American Rescue Plan and the Agriculture and Food Research Initiative.

March 10, 2023
NMFS Authorizes Take of Marine Mammals in Gulf of Mexico by Shell Oil

The National Marine Fisheries Service announced that it issued a Letter of Authorization (LOA) to Shell Offshore Inc. for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. The LOA is effective from March 7, 2023, through March 31, 2024.

March 13, 2023
FSIS Proposes New Criteria for ‘Made in the USA’ and ‘Product of USA’ Meat Labeling

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced a proposal to amend regulations defining the conditions under which the labeling of meat, poultry, and egg products, as well as voluntarily-inspected products, may bear voluntary label claims indicating that the product is of United States origin. Under the proposed rule, two specific voluntary U.S.-origin label claims, “Made in the USA” and “Product of USA,” would be generically approved for use on FSIS-regulated products derived from animals “born, raised, slaughtered, and processed in the United States.” Under current regulations, meat, poultry, and egg products from animals born, raised, and slaughtered in countries such as Brazil still can carry US country of origin labels if they merely are processed and packaged in the United States. It is unclear if this new rule also would prevent US-produced cultivated meat and poultry products from using “Made in the USA” and “Product of USA” labels in the future given that those meat products may not involve the birth or slaughter of an animal. FSIS is accepting public comments through May 12, 2023.

International Updates

March 1, 2023
Indian Court Prohibits Further Acquisitions of Elephants by Private Individuals or Temples in Country’s Southernmost State

The Madurai bench of the Madras high court has directed the Secretary of the Environment and Forest Department to ensure that there are no more acquisitions of elephants by private individuals or temples in Tamil Nadu, the southernmost state in India. The court also ordered inspections of all privately-owned and temple-owned elephants.

March 2, 2023
UN Delegates Reach Historic Agreement to Protect Marine Biodiversity

After almost two decades of discussion, United Nations member countries finalized a multilateral treaty to ensure conservation and sustainable use of marine biological diversity in international waters. The “High Seas Treaty” will provide a legal framework that will put more money into marine conservation and the use of marine genetic resources to address climate change, biodiversity loss, and pollution.

 

March 2, 2023
Australian Government Takes Steps Towards Phase Out of Live Export of Farmed Animals

The Australian government announced the first step towards phasing out the live export trade, forming a panel of experts who will help determine how and when to end the trade. The phase-out is expected to take at least five years.

March 9, 2023
Italy Considers Labeling Restrictions on Plant-Based Foods

Italy is considering legislation that would ban plant-based foods from using terms like “burger,” “bacon,” and “sausage.” France became the first country in the European Union to impose such a ban when its plant-based labeling law became effective in October 2022. 

 

Other Updates

March 13, 2023
Nike and Puma Will No Longer Use Kangaroo Skins for Soccer Cleats

Nike and Puma both announced they no longer will use kangaroo skins to make soccer cleats or any other products. The announcements follow introduction of US federal legislation and multiple state bills that would prohibit the import or sales of kangaroo-based products.

 

 

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