H.R. 5983, the “Clean Water Act of 2023,” would more clearly define the types of bodies of water that are protected and restore federal jurisdiction over tens of millions of acres of wetlands and streams that the U.S. Supreme Court’s recent Sackett v. Environmental Protection Agency ruling eliminated. The bill was introduced by Representatives Rick Larsen, Grace Napolitano, Don Beyer, and Melanie Stansbury, along with 114 other original cosponsors.
Issue 212
This Week's Spotlights
Legislative Spotlights
Bill Would Reverse Limitations Imposed on CWA by Recent SCOTUS Ruling
California Legislation Imposes Moratoriums on Certain Rodenticides
California Governor Gavin Newsom signed Assembly Bill 1322, which imposes a moratorium on the use of first-generation anticoagulant rodenticides containing the ingredient diphacinone. It also imposes a temporary moratorium on the use of second-generation anticoagulant rodenticides containing any of four listed ingredients until the state takes certain certification action. The moratoriums are subject to certain exceptions. These rodenticide ingredients are used in rat poisons and can harm humans, companion animals, and wildlife like bobcats.
California Governor Gavin Newsom signed Assembly Bill 1322, which imposes a moratorium on the use of first-generation anticoagulant rodenticides containing the ingredient diphacinone. It also imposes a temporary moratorium on the use of second-generation anticoagulant rodenticides containing any of four listed ingredients until the state takes certain certification action. The moratoriums are subject to certain exceptions. These rodenticide ingredients are used in rat poisons and can harm humans, companion animals, and wildlife like bobcats.
Texas Bill Would Prohibit the Sale, Production, and Distribution of Cultivated Meat
Texas House Bill 158 would prohibit the sale, production, and distribution of cultivated meat in the state. The bill also would authorize the Texas Attorney General to seek injunctive relief and civil penalties of $1,000 per violation. The bill has not yet been referred to a committee.
Texas House Bill 158 would prohibit the sale, production, and distribution of cultivated meat in the state. The bill also would authorize the Texas Attorney General to seek injunctive relief and civil penalties of $1,000 per violation. The bill has not yet been referred to a committee.
Case Law Spotlights
SCOTUS Will Not Consider North Carolina’s Attempt to Reinstate Ag-Gag Law
The U.S. Supreme Court denied petitions for writ of certiorari filed by the North Carolina Attorney General and the North Carolina Farm Bureau Federation. The parties sought review of a Fourth Circuit Court of Appeals ruling enjoining the state’s ag-gag law as applied to newsgathering operations by animal protection groups.
The U.S. Supreme Court denied petitions for writ of certiorari filed by the North Carolina Attorney General and the North Carolina Farm Bureau Federation. The parties sought review of a Fourth Circuit Court of Appeals ruling enjoining the state’s ag-gag law as applied to newsgathering operations by animal protection groups.
Conservation Groups Challenge Utah Law Allowing Year-Round Mountain Lion Hunting and Trapping
The Mountain Lion Foundation and the Western Wildlife Conservancy sued the State of Utah, challenging a new state law that allows unlimited, year-round hunting and trapping of mountain lions. Plaintiffs argue that the new law violates the Utah Constitution’s Right to Hunt and Fish, “which requires that the State ‘forever preserve’ the right of the people to hunt and fish ‘for the public good,’” by deregulating the killing of mountain lions and creating the risk that their population in the state may be eliminated. Plaintiffs seek declaratory and injunctive relief, as well as costs and fees. Plaintiffs are represented by Jessica Blome of Greenfire Law and local attorney Joel Ban.
The Mountain Lion Foundation and the Western Wildlife Conservancy sued the State of Utah, challenging a new state law that allows unlimited, year-round hunting and trapping of mountain lions. Plaintiffs argue that the new law violates the Utah Constitution’s Right to Hunt and Fish, “which requires that the State ‘forever preserve’ the right of the people to hunt and fish ‘for the public good,’” by deregulating the killing of mountain lions and creating the risk that their population in the state may be eliminated. Plaintiffs seek declaratory and injunctive relief, as well as costs and fees. Plaintiffs are represented by Jessica Blome of Greenfire Law and local attorney Joel Ban.
Agency Spotlights
USDA Confirms New Cases of Bird Flu in Commercial Poultry Flocks
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service updated its online database of highly pathogenic avian influenza (HPAI) to reflect the most recent HPAI detections in commercial poultry. New confirmed cases include commercial turkey flocks in Jerauld County, South Dakota (47,300 birds), Sanpete County, Utah (141,800 birds), and Meeker County, Minnesota (186,000 birds), among others. The number of confirmed cases in October is significantly higher than in the preceding months of 2023. The uptick in cases may be related to fall bird migration patterns.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service updated its online database of highly pathogenic avian influenza (HPAI) to reflect the most recent HPAI detections in commercial poultry. New confirmed cases include commercial turkey flocks in Jerauld County, South Dakota (47,300 birds), Sanpete County, Utah (141,800 birds), and Meeker County, Minnesota (186,000 birds), among others. The number of confirmed cases in October is significantly higher than in the preceding months of 2023. The uptick in cases may be related to fall bird migration patterns.
Other Spotlights
More than 100 Groups Urge President Biden to Reverse DHS Waiver of Federal Laws to Expedite Border Wall Construction
The Center for Biological Diversity, ACLU, Sierra Club, Earthjustice, GreenLatinos, Wilderness Society, Defenders of Wildlife, Carrizo/Comecrudo Tribe of Texas, and more than 100 others sent a letter to President Biden. The letter urges the President to reverse a Department of Homeland Security decision to waive legal protections for border communities and wildlife to facilitate the “expeditious construction of barriers” along the Texas-Mexico border near the Lower Rio Grande Valley National Wildlife Refuge. Pursuant to authority granted by Congress in the Illegal Immigration Reform and Immigrant Responsibility Act, the Secretary of Homeland Security Alejandro Mayorkas exercised his authority to “waive in their entirety” dozens of federal statutes, including the National Environmental Policy Act, Endangered Species Act, Clean Water Act, Migratory Bird Treaty Act, Migratory Bird Conservation Act, Clean Air Act, National Wildlife Refuge System Administration Act, Comprehensive Environmental Response, Compensation, and Liability Act, Eagle Protection Act, Fish and Wildlife Coordination Act, Administrative Procedure Act, and Federal Land Policy and Management Act.
The Center for Biological Diversity, ACLU, Sierra Club, Earthjustice, GreenLatinos, Wilderness Society, Defenders of Wildlife, Carrizo/Comecrudo Tribe of Texas, and more than 100 others sent a letter to President Biden. The letter urges the President to reverse a Department of Homeland Security decision to waive legal protections for border communities and wildlife to facilitate the “expeditious construction of barriers” along the Texas-Mexico border near the Lower Rio Grande Valley National Wildlife Refuge. Pursuant to authority granted by Congress in the Illegal Immigration Reform and Immigrant Responsibility Act, the Secretary of Homeland Security Alejandro Mayorkas exercised his authority to “waive in their entirety” dozens of federal statutes, including the National Environmental Policy Act, Endangered Species Act, Clean Water Act, Migratory Bird Treaty Act, Migratory Bird Conservation Act, Clean Air Act, National Wildlife Refuge System Administration Act, Comprehensive Environmental Response, Compensation, and Liability Act, Eagle Protection Act, Fish and Wildlife Coordination Act, Administrative Procedure Act, and Federal Land Policy and Management Act.
NMFS Negative Certification of Mexico for Loggerhead Sea Turtle Bycatch Requires President Biden to Impose Sanctions
The Center for Biological Diversity (CBD) is urging the Biden Administration to impose trade sanctions against Mexico to stop the nation’s failure to limit bycatch of endangered loggerhead sea turtles, as required by the Moratorium Protection Act. The National Marine Fisheries Service negatively certified Mexico for its bycatch in August 2023, which CBD asserts triggers a requirement that the administration ban the import of fish, fish products, and fishing equipment from Mexico.
The Center for Biological Diversity (CBD) is urging the Biden Administration to impose trade sanctions against Mexico to stop the nation’s failure to limit bycatch of endangered loggerhead sea turtles, as required by the Moratorium Protection Act. The National Marine Fisheries Service negatively certified Mexico for its bycatch in August 2023, which CBD asserts triggers a requirement that the administration ban the import of fish, fish products, and fishing equipment from Mexico.
Legislative Updates
Pending Federal Actions
Bill Would Reverse Limitations Imposed on CWA by Recent SCOTUS Ruling
H.R. 5983, the “Clean Water Act of 2023,” would more clearly define the types of bodies of water that are protected and restore federal jurisdiction over tens of millions of acres of wetlands and streams that the U.S. Supreme Court’s recent Sackett v. Environmental Protection Agency ruling eliminated. The bill was introduced by Representatives Rick Larsen, Grace Napolitano, Don Beyer, and Melanie Stansbury, along with 114 other original cosponsors.
H.R. 5983, the “Clean Water Act of 2023,” would more clearly define the types of bodies of water that are protected and restore federal jurisdiction over tens of millions of acres of wetlands and streams that the U.S. Supreme Court’s recent Sackett v. Environmental Protection Agency ruling eliminated. The bill was introduced by Representatives Rick Larsen, Grace Napolitano, Don Beyer, and Melanie Stansbury, along with 114 other original cosponsors.
Enacted State Legislation
California Legislation Imposes Moratoriums on Certain Rodenticides
California Governor Gavin Newsom signed Assembly Bill 1322, which imposes a moratorium on the use of first-generation anticoagulant rodenticides containing the ingredient diphacinone. It also imposes a temporary moratorium on the use of second-generation anticoagulant rodenticides containing any of four listed ingredients until the state takes certain certification action. The moratoriums are subject to certain exceptions. These rodenticide ingredients are used in rat poisons and can harm humans, companion animals, and wildlife like bobcats.
California Governor Gavin Newsom signed Assembly Bill 1322, which imposes a moratorium on the use of first-generation anticoagulant rodenticides containing the ingredient diphacinone. It also imposes a temporary moratorium on the use of second-generation anticoagulant rodenticides containing any of four listed ingredients until the state takes certain certification action. The moratoriums are subject to certain exceptions. These rodenticide ingredients are used in rat poisons and can harm humans, companion animals, and wildlife like bobcats.
Pending State Actions
New York Bill Would Allow SPCA Access to State Criminal Justice Data
New York Assembly Bill 8150 would include “a duly incorporated society for the prevention of cruelty to animals when acting within the scope of its law enforcement duties” on the list of “qualified agencies” with access to the state’s criminal justice services central data facility. The data facility contains criminal records, fingerprints, photographs, and other information. The bill has been referred to the Assembly’s Committee on Codes.
New York Assembly Bill 8150 would include “a duly incorporated society for the prevention of cruelty to animals when acting within the scope of its law enforcement duties” on the list of “qualified agencies” with access to the state’s criminal justice services central data facility. The data facility contains criminal records, fingerprints, photographs, and other information. The bill has been referred to the Assembly’s Committee on Codes.
Texas Bill Would Prohibit the Sale, Production, and Distribution of Cultivated Meat
Texas House Bill 158 would prohibit the sale, production, and distribution of cultivated meat in the state. The bill also would authorize the Texas Attorney General to seek injunctive relief and civil penalties of $1,000 per violation. The bill has not yet been referred to a committee.
Texas House Bill 158 would prohibit the sale, production, and distribution of cultivated meat in the state. The bill also would authorize the Texas Attorney General to seek injunctive relief and civil penalties of $1,000 per violation. The bill has not yet been referred to a committee.
Case Law Updates
Federal Court Updates
Federal Judge Rejects Massachusetts Fishers’ Challenge to Federal Approval of Offshore Wind Farm Project
The U.S. District Court for the District of Massachusetts granted a motion for summary judgement filed by the U.S. Department of the Interior and other federal defendants in a lawsuit brought by Massachusetts fishers. The fishers claimed that the agencies improperly approved a proposed wind farm project off the coast of Martha’s Vineyard. They brought claims under the Administrative Procedure Act (APA) for violations of the Endangered Species Act (ESA), Clean Water Act (CWA), Marine Mammal Protection Act (MMPA), National Environmental Protection Act (NEPA), and Outer Continental Shelf Lands Act (OCSLA). U.S. District Judge Indira Talwani ruled the fishers failed to establish standing on their ESA, NEPA, and MMPA claims (where the claims were not found to be moot). Judge Talwani further ruled that the fishers failed to provide sufficient evidence of statutory violations and to establish in their CWA and OCSLA claims that the challenged federal actions related to the wind farm project were arbitrary, capricious, or otherwise unlawful.
The U.S. District Court for the District of Massachusetts granted a motion for summary judgement filed by the U.S. Department of the Interior and other federal defendants in a lawsuit brought by Massachusetts fishers. The fishers claimed that the agencies improperly approved a proposed wind farm project off the coast of Martha’s Vineyard. They brought claims under the Administrative Procedure Act (APA) for violations of the Endangered Species Act (ESA), Clean Water Act (CWA), Marine Mammal Protection Act (MMPA), National Environmental Protection Act (NEPA), and Outer Continental Shelf Lands Act (OCSLA). U.S. District Judge Indira Talwani ruled the fishers failed to establish standing on their ESA, NEPA, and MMPA claims (where the claims were not found to be moot). Judge Talwani further ruled that the fishers failed to provide sufficient evidence of statutory violations and to establish in their CWA and OCSLA claims that the challenged federal actions related to the wind farm project were arbitrary, capricious, or otherwise unlawful.
SCOTUS Will Not Consider North Carolina’s Attempt to Reinstate Ag-Gag Law
The U.S. Supreme Court denied petitions for writ of certiorari filed by the North Carolina Attorney General and the North Carolina Farm Bureau Federation. The parties sought review of a Fourth Circuit Court of Appeals ruling enjoining the state’s ag-gag law as applied to newsgathering operations by animal protection groups.
The U.S. Supreme Court denied petitions for writ of certiorari filed by the North Carolina Attorney General and the North Carolina Farm Bureau Federation. The parties sought review of a Fourth Circuit Court of Appeals ruling enjoining the state’s ag-gag law as applied to newsgathering operations by animal protection groups.
State Court Updates
Conservation Groups Challenge Utah Law Allowing Year-Round Mountain Lion Hunting and Trapping
The Mountain Lion Foundation and the Western Wildlife Conservancy sued the State of Utah, challenging a new state law that allows unlimited, year-round hunting and trapping of mountain lions. Plaintiffs argue that the new law violates the Utah Constitution’s Right to Hunt and Fish, “which requires that the State ‘forever preserve’ the right of the people to hunt and fish ‘for the public good,’” by deregulating the killing of mountain lions and creating the risk that their population in the state may be eliminated. Plaintiffs seek declaratory and injunctive relief, as well as costs and fees. Plaintiffs are represented by Jessica Blome of Greenfire Law and local attorney Joel Ban.
The Mountain Lion Foundation and the Western Wildlife Conservancy sued the State of Utah, challenging a new state law that allows unlimited, year-round hunting and trapping of mountain lions. Plaintiffs argue that the new law violates the Utah Constitution’s Right to Hunt and Fish, “which requires that the State ‘forever preserve’ the right of the people to hunt and fish ‘for the public good,’” by deregulating the killing of mountain lions and creating the risk that their population in the state may be eliminated. Plaintiffs seek declaratory and injunctive relief, as well as costs and fees. Plaintiffs are represented by Jessica Blome of Greenfire Law and local attorney Joel Ban.
Agency Updates
FSIS Announces Carne Asada Burrito Recall Due to Possible Listeria Contamination
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced the recall of approximately 10,642 pounds of frozen, ready-to-eat carne asada burrito products that may be contaminated with Listeria monocytogenes. The burritos were produced by Texas-based Don Miguel Foods and shipped to retail convenience store locations nationwide.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced the recall of approximately 10,642 pounds of frozen, ready-to-eat carne asada burrito products that may be contaminated with Listeria monocytogenes. The burritos were produced by Texas-based Don Miguel Foods and shipped to retail convenience store locations nationwide.
FSIS Announces Meatball Recall in California Due to Potential Listeria Contamination
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced the recall of approximately 602 pounds of ready-to-eat beef and chicken meatball products that may be contaminated with Listeria monocytogenes. The burritos were produced by California-based Phu Huong Food Company and shipped to retail locations throughout California.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced the recall of approximately 602 pounds of ready-to-eat beef and chicken meatball products that may be contaminated with Listeria monocytogenes. The burritos were produced by California-based Phu Huong Food Company and shipped to retail locations throughout California.
FWS Announces ESA Delisting of 21 Species Due to Extinction
The U.S. Fish & Wildlife Service announced the removal of twenty-one species from the Federal List of Endangered and Threatened Species due to their believed extinction. The changes in listing status will become effective November 16, 2023.
The U.S. Fish & Wildlife Service announced the removal of twenty-one species from the Federal List of Endangered and Threatened Species due to their believed extinction. The changes in listing status will become effective November 16, 2023.
EPA Issues Supplemental Notice of Proposed Rulemaking to Reduce the Introduction of Invasive Species through Marine Vessel Discharges
The U.S. Environmental Protection Agency announced that it has issued a supplemental notice of proposed rulemaking aimed at reducing the spread of invasive aquatic species in marine ecosystems through discharges from large marine vessels. As described in the announcement, the supplemental notice provides “new ballast water information from the U.S. Coast Guard and additional regulatory options EPA is considering for the final rule for ballast tanks, hulls and associated niche areas, and graywater systems.” Public comments on the information provided in the supplemental notice will be accepted through December 18, 2023.
The U.S. Environmental Protection Agency announced that it has issued a supplemental notice of proposed rulemaking aimed at reducing the spread of invasive aquatic species in marine ecosystems through discharges from large marine vessels. As described in the announcement, the supplemental notice provides “new ballast water information from the U.S. Coast Guard and additional regulatory options EPA is considering for the final rule for ballast tanks, hulls and associated niche areas, and graywater systems.” Public comments on the information provided in the supplemental notice will be accepted through December 18, 2023.
USDA Confirms New Cases of Bird Flu in Commercial Poultry Flocks
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service updated its online database of highly pathogenic avian influenza (HPAI) to reflect the most recent HPAI detections in commercial poultry. New confirmed cases include commercial turkey flocks in Jerauld County, South Dakota (47,300 birds), Sanpete County, Utah (141,800 birds), and Meeker County, Minnesota (186,000 birds), among others. The number of confirmed cases in October is significantly higher than in the preceding months of 2023. The uptick in cases may be related to fall bird migration patterns.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service updated its online database of highly pathogenic avian influenza (HPAI) to reflect the most recent HPAI detections in commercial poultry. New confirmed cases include commercial turkey flocks in Jerauld County, South Dakota (47,300 birds), Sanpete County, Utah (141,800 birds), and Meeker County, Minnesota (186,000 birds), among others. The number of confirmed cases in October is significantly higher than in the preceding months of 2023. The uptick in cases may be related to fall bird migration patterns.
FSIS Opens Public Comment Period on Salmonella Control Pilot Programs
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced its plan to request a new information collection related to Salmonella control pilot programs. The pilot programs test strategies for controlling Salmonella contamination in poultry products. FSIS will accept public comments on the proposed information collection through December 18, 2023.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced its plan to request a new information collection related to Salmonella control pilot programs. The pilot programs test strategies for controlling Salmonella contamination in poultry products. FSIS will accept public comments on the proposed information collection through December 18, 2023.
FWS Opens Public Comment Period on ESA Recovery Permit Applications
The U.S. Fish & Wildlife Service (FWS) announced its consideration of multiple Endangered Species Act recovery permit applications for protected species that include mussels, crustaceans, fish, bees, and bats. FWS will accept comments from the public on the applications through November 20, 2023.
The U.S. Fish & Wildlife Service (FWS) announced its consideration of multiple Endangered Species Act recovery permit applications for protected species that include mussels, crustaceans, fish, bees, and bats. FWS will accept comments from the public on the applications through November 20, 2023.
NMFS Opens Public Comment Period on Applications that Would Authorize the Collection of Fish and Sharks for Multiple Purposes
The National Marine Fisheries Service (NMFS) announced its intent to issue exempted fishing permits, scientific research permits, display permits, letters of acknowledgment, and shark research fishery permits for Atlantic highly migratory species (HMS). The permits would authorize the collection of a limited number of HMS for scientific research, data collection, bycatch-related investigation, public display, and other purposes. Affected HMS would include tunas, swordfish, billfishes, and sharks from the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. NMFS will accept public comments on the proposed permits through November 20, 2023.
The National Marine Fisheries Service (NMFS) announced its intent to issue exempted fishing permits, scientific research permits, display permits, letters of acknowledgment, and shark research fishery permits for Atlantic highly migratory species (HMS). The permits would authorize the collection of a limited number of HMS for scientific research, data collection, bycatch-related investigation, public display, and other purposes. Affected HMS would include tunas, swordfish, billfishes, and sharks from the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. NMFS will accept public comments on the proposed permits through November 20, 2023.
International Updates
Nigeria Publicly Destroys Tons of Confiscated Pangolin Scales and Exotic Skins
Nigeria destroyed around four tons of pangolin scales, valued at $1.4 million, in its first public destruction of confiscated wildlife products. Pangolins are the most-trafficked mammals in the world due to high demand for their keratin scales for use in traditional Chinese medicine. Nigerian officials also destroyed confiscated leopard, python, and crocodile skins.
Nigeria destroyed around four tons of pangolin scales, valued at $1.4 million, in its first public destruction of confiscated wildlife products. Pangolins are the most-trafficked mammals in the world due to high demand for their keratin scales for use in traditional Chinese medicine. Nigerian officials also destroyed confiscated leopard, python, and crocodile skins.
Spanish Officials Confiscate Over 400 Animals and Charge 13 Individuals in Connection with Alleged Illegal Trafficking and Animal Cruelty
More than 400 animals have been rescued from an animal trafficking network in Spain. 13 individuals have been arrested in connection and charged with crimes including animal abuse, fraud, and money laundering. Most of the rescued animals are cats and dogs. The criminal network allegedly has been illegally importing animals into Spain from eastern Europe, confining them in unsanitary and inhumane conditions, and forging health documentation to sell them for profit.
More than 400 animals have been rescued from an animal trafficking network in Spain. 13 individuals have been arrested in connection and charged with crimes including animal abuse, fraud, and money laundering. Most of the rescued animals are cats and dogs. The criminal network allegedly has been illegally importing animals into Spain from eastern Europe, confining them in unsanitary and inhumane conditions, and forging health documentation to sell them for profit.
Other Updates
Smithfield Foods Announces Closure of Charlotte, North Carolina Pork Processing Plant
Smithfield Foods announced the closure of its Charlotte, North Carolina pork-processing facility and transfer of production to its Tar Heel, North Carolina plant “to increase efficiency and better utilize existing capacity.” Employees at the Charlotte facility have been offered transition assistance and hourly workers have been incentivized to stay at the Charlotte facility until its final day of operation in December.
Smithfield Foods announced the closure of its Charlotte, North Carolina pork-processing facility and transfer of production to its Tar Heel, North Carolina plant “to increase efficiency and better utilize existing capacity.” Employees at the Charlotte facility have been offered transition assistance and hourly workers have been incentivized to stay at the Charlotte facility until its final day of operation in December.
Overfishing of Krill in the Southern Ocean Is a Danger to Marine Life and Climate Change
Scientists have warned that krill fishing is decimating the Antarctic population of the shrimp-like animals. Krill remove as much as 23 megatons of carbon dioxide from the atmosphere annually, and krill fishing is banned in the waters of the United States due to its potential detrimental impacts on marine mammals and other animals that feed on krill. The contested Southern Ocean, however, is where krill are most abundant, and that area lacks sufficient international protections to prevent overfishing. At the most recent meeting of the Commission for the Conservation of Antarctic Marine Living Resources, China and Russia voted to block a U.S. proposal to restrict the unloading of krill to cargo vessels at sea and also voted down a proposal for the creation of a large nature reserve along the Antarctic Peninsula.
Scientists have warned that krill fishing is decimating the Antarctic population of the shrimp-like animals. Krill remove as much as 23 megatons of carbon dioxide from the atmosphere annually, and krill fishing is banned in the waters of the United States due to its potential detrimental impacts on marine mammals and other animals that feed on krill. The contested Southern Ocean, however, is where krill are most abundant, and that area lacks sufficient international protections to prevent overfishing. At the most recent meeting of the Commission for the Conservation of Antarctic Marine Living Resources, China and Russia voted to block a U.S. proposal to restrict the unloading of krill to cargo vessels at sea and also voted down a proposal for the creation of a large nature reserve along the Antarctic Peninsula.
More than 100 Groups Urge President Biden to Reverse DHS Waiver of Federal Laws to Expedite Border Wall Construction
The Center for Biological Diversity, ACLU, Sierra Club, Earthjustice, GreenLatinos, Wilderness Society, Defenders of Wildlife, Carrizo/Comecrudo Tribe of Texas, and more than 100 others sent a letter to President Biden. The letter urges the President to reverse a Department of Homeland Security decision to waive legal protections for border communities and wildlife to facilitate the “expeditious construction of barriers” along the Texas-Mexico border near the Lower Rio Grande Valley National Wildlife Refuge. Pursuant to authority granted by Congress in the Illegal Immigration Reform and Immigrant Responsibility Act, the Secretary of Homeland Security Alejandro Mayorkas exercised his authority to “waive in their entirety” dozens of federal statutes, including the National Environmental Policy Act, Endangered Species Act, Clean Water Act, Migratory Bird Treaty Act, Migratory Bird Conservation Act, Clean Air Act, National Wildlife Refuge System Administration Act, Comprehensive Environmental Response, Compensation, and Liability Act, Eagle Protection Act, Fish and Wildlife Coordination Act, Administrative Procedure Act, and Federal Land Policy and Management Act.
The Center for Biological Diversity, ACLU, Sierra Club, Earthjustice, GreenLatinos, Wilderness Society, Defenders of Wildlife, Carrizo/Comecrudo Tribe of Texas, and more than 100 others sent a letter to President Biden. The letter urges the President to reverse a Department of Homeland Security decision to waive legal protections for border communities and wildlife to facilitate the “expeditious construction of barriers” along the Texas-Mexico border near the Lower Rio Grande Valley National Wildlife Refuge. Pursuant to authority granted by Congress in the Illegal Immigration Reform and Immigrant Responsibility Act, the Secretary of Homeland Security Alejandro Mayorkas exercised his authority to “waive in their entirety” dozens of federal statutes, including the National Environmental Policy Act, Endangered Species Act, Clean Water Act, Migratory Bird Treaty Act, Migratory Bird Conservation Act, Clean Air Act, National Wildlife Refuge System Administration Act, Comprehensive Environmental Response, Compensation, and Liability Act, Eagle Protection Act, Fish and Wildlife Coordination Act, Administrative Procedure Act, and Federal Land Policy and Management Act.
Southeastern Strain of Rabies Detected in Nebraska for First Time
The City of Omaha, Nebraska announced a large public health operation after a strain of rabies never before detected in Nebraska was identified in a feral kitten. The rabies strain typically is carried by raccoons and is more commonly found in the southeastern part of the United States. The city is coordinating its response with the Centers for Disease Control and Prevention, the U.S. Department of Agriculture, and multiple state agencies. As part of the response, the city is planning to humanely trap and vaccinate raccoons in the area and test dead animals found in the county.
The City of Omaha, Nebraska announced a large public health operation after a strain of rabies never before detected in Nebraska was identified in a feral kitten. The rabies strain typically is carried by raccoons and is more commonly found in the southeastern part of the United States. The city is coordinating its response with the Centers for Disease Control and Prevention, the U.S. Department of Agriculture, and multiple state agencies. As part of the response, the city is planning to humanely trap and vaccinate raccoons in the area and test dead animals found in the county.
NMFS Negative Certification of Mexico for Loggerhead Sea Turtle Bycatch Requires President Biden to Impose Sanctions
The Center for Biological Diversity (CBD) is urging the Biden Administration to impose trade sanctions against Mexico to stop the nation’s failure to limit bycatch of endangered loggerhead sea turtles, as required by the Moratorium Protection Act. The National Marine Fisheries Service negatively certified Mexico for its bycatch in August 2023, which CBD asserts triggers a requirement that the administration ban the import of fish, fish products, and fishing equipment from Mexico.
The Center for Biological Diversity (CBD) is urging the Biden Administration to impose trade sanctions against Mexico to stop the nation’s failure to limit bycatch of endangered loggerhead sea turtles, as required by the Moratorium Protection Act. The National Marine Fisheries Service negatively certified Mexico for its bycatch in August 2023, which CBD asserts triggers a requirement that the administration ban the import of fish, fish products, and fishing equipment from Mexico.
Animal Advocates Call on County to Send Deceased Las Vegas Magician’s Big Cats to Accredited Sanctuaries
The Center for Biological Diversity (CBD) is urging the Biden Administration to impose trade sanctions against Mexico to stop the nation’s failure to limit bycatch of endangered loggerhead sea turtles, as required by the Moratorium Protection Act. The National Marine Fisheries Service negatively certified Mexico for its bycatch in August 2023, which CBD asserts triggers a requirement that the administration ban the import of fish, fish products, and fishing equipment from Mexico.
The Center for Biological Diversity (CBD) is urging the Biden Administration to impose trade sanctions against Mexico to stop the nation’s failure to limit bycatch of endangered loggerhead sea turtles, as required by the Moratorium Protection Act. The National Marine Fisheries Service negatively certified Mexico for its bycatch in August 2023, which CBD asserts triggers a requirement that the administration ban the import of fish, fish products, and fishing equipment from Mexico.