South Carolina roadside zoo owner Bhagavan “Doc” Antle pleaded guilty in the U.S. District Court for the District of South Carolina to a conspiracy to violate the Lacey Act in connection with his illegal trafficking of endangered cheetahs, lions, tigers, and a chimpanzee between September 2018 and May 2020. He also pleaded guilty to a conspiracy to launder money related to transporting and harboring undocumented immigrants between February and April 2022. Antle, who was featured in the Netflix reality show Tiger King, faces up to five years in prison, up to a $250,000 fine, and three years of supervised release for each criminal count.
Issue 214
This Week's Spotlights
Case Law Spotlights
Doc Antle Pleads Guilty to Federal Wildlife Trafficking and Money Laundering Crimes
Agency Spotlights
APHIS Announces Withdrawal of Final Horse Protection Act Rule in Conjunction with New Proposed Rule
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its withdrawal of a final Horse Protection Act (HPA) rule that would disallow third-party training to inspect for horse soring. APHIS filed the final rule for public inspection with the Office of the Federal Register on January 19, 2017, but withdrew it from publication on January 23, 2017, to comply with a memorandum from then-President Trump’s Chief of Staff. In place of the final rule, the withdrawal of which will be effective November 30, 2023, APHIS proposed a new HPA rule on August 21, 2023. The proposed rule would require APHIS screening, training, and authorization of qualified inspectors at horse shows, exhibitions, sales, and auctions, and is intended to protect horses from soring and end unfair competition practices.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its withdrawal of a final Horse Protection Act (HPA) rule that would disallow third-party training to inspect for horse soring. APHIS filed the final rule for public inspection with the Office of the Federal Register on January 19, 2017, but withdrew it from publication on January 23, 2017, to comply with a memorandum from then-President Trump’s Chief of Staff. In place of the final rule, the withdrawal of which will be effective November 30, 2023, APHIS proposed a new HPA rule on August 21, 2023. The proposed rule would require APHIS screening, training, and authorization of qualified inspectors at horse shows, exhibitions, sales, and auctions, and is intended to protect horses from soring and end unfair competition practices.
USDA Announces Amended Organic Livestock and Poultry Production Standards
The U.S. Department of Agriculture (USDA)’s Agriculture Marketing Service announced a final rule amending the organic livestock and poultry production requirements “to maintain consumer confidence in USDA organic products, to align with consumer expectations regarding outdoor access, and to further facilitate interstate commerce in organic products.” The rule becomes effective January 2, 2024, with compliance required by January 2, 2025, except for certain poultry operations, which will be required to comply with the new requirements by January 2029.
The U.S. Department of Agriculture (USDA)’s Agriculture Marketing Service announced a final rule amending the organic livestock and poultry production requirements “to maintain consumer confidence in USDA organic products, to align with consumer expectations regarding outdoor access, and to further facilitate interstate commerce in organic products.” The rule becomes effective January 2, 2024, with compliance required by January 2, 2025, except for certain poultry operations, which will be required to comply with the new requirements by January 2029.
EPA Grants PFR Seeking Regulation of Tire Chemical Linked to Lethal Effects on Salmon and Trout in the Pacific Northwest
The U.S. Environmental Protection Agency (EPA) granted a petition for rulemaking (PFR) submitted by Earthjustice on behalf of the Yurok Tribe, the Port Gamble S’Klallam Tribe, and the Puyallup Tribe of Indians. Petitioners assert that 6PPD, a chemical used in tires, is responsible for decimating salmon and steelhead trout populations in the Pacific Northwest. The EPA will begin gathering more information on 6PPD and will issue an advance notice of proposed rulemaking under Section 6 of the Toxic Substances Control Act.
The U.S. Environmental Protection Agency (EPA) granted a petition for rulemaking (PFR) submitted by Earthjustice on behalf of the Yurok Tribe, the Port Gamble S’Klallam Tribe, and the Puyallup Tribe of Indians. Petitioners assert that 6PPD, a chemical used in tires, is responsible for decimating salmon and steelhead trout populations in the Pacific Northwest. The EPA will begin gathering more information on 6PPD and will issue an advance notice of proposed rulemaking under Section 6 of the Toxic Substances Control Act.
FWS Announces Final Rule Restoring ESA Protections for Gray Wolves
The U.S. Fish & Wildlife Service (FWS) issued a final rule restoring Endangered Species Act (ESA) protections for gray wolves in all areas where the species was listed prior to a November 3, 2020, rule removing the gray wolf from the List of Endangered and Threatened Wildlife. FWS took this action to comply with a February 10, 2022, order entered by the U.S. District Court for the Northern District of California that vacated the agency’s 2020 rule.
The U.S. Fish & Wildlife Service (FWS) issued a final rule restoring Endangered Species Act (ESA) protections for gray wolves in all areas where the species was listed prior to a November 3, 2020, rule removing the gray wolf from the List of Endangered and Threatened Wildlife. FWS took this action to comply with a February 10, 2022, order entered by the U.S. District Court for the Northern District of California that vacated the agency’s 2020 rule.
Other Spotlights
President Biden Sets December 31st Deadline for China to Combat Pangolin Trafficking or Face Trade Sanctions
President Biden announced his intent “to direct certain prohibitions on the importation of, and impose trade measures on, certain products from the [People’s Republic of China]” if the country does not make significant commitments by December 31, 2023, to implement measures to combat pangolin trafficking. The decision comes in response to the Secretary of the Interior’s recent certification under the Pelly Amendment to the Fishermen’s Protective Act of 1967 that China’s domestic market for pangolin products is diminishing the effectiveness of the Convention on the International Trade in Endangered Species of Wild Fauna and Flora.
President Biden announced his intent “to direct certain prohibitions on the importation of, and impose trade measures on, certain products from the [People’s Republic of China]” if the country does not make significant commitments by December 31, 2023, to implement measures to combat pangolin trafficking. The decision comes in response to the Secretary of the Interior’s recent certification under the Pelly Amendment to the Fishermen’s Protective Act of 1967 that China’s domestic market for pangolin products is diminishing the effectiveness of the Convention on the International Trade in Endangered Species of Wild Fauna and Flora.
Case Law Updates
Federal Court Updates
Federal Court Grants Advocacy Group’s Request to File Amicus Brief in Sentencing of Rhode Island Slaughterhouse that Falsely Claimed USDA Inspection
The U.S. District Court for the District of Rhode Island granted a motion for leave to file an amicus brief submitted by Legal Impact for Chickens in the sentencing of Rhode Island Beef and Veal. The slaughterhouse and one of its owners pleaded guilty to fraud in connection with false claims that their product had been prepared and inspected pursuant to the Federal Meat Inspection Act when it had not been.
The U.S. District Court for the District of Rhode Island granted a motion for leave to file an amicus brief submitted by Legal Impact for Chickens in the sentencing of Rhode Island Beef and Veal. The slaughterhouse and one of its owners pleaded guilty to fraud in connection with false claims that their product had been prepared and inspected pursuant to the Federal Meat Inspection Act when it had not been.
Conservation Groups Sue BLM and FWS to Protect Endangered and Threatened Wildlife from Cattle Grazing in Arizona
The Center for Biological Diversity and Maricopa Audubon Society sued the U.S. Bureau of Land Management (BLM) and the U.S. Fish & Wildlife Service (FWS) in the U.S. District Court for the District of Arizona under the Endangered Species Act (ESA) for failing to protect critical habitat for ESA-listed species including the Southwestern willow flycatcher and Western yellow-billed cuckoo. Plaintiffs claim the agencies failed to reinitiate and complete consultation under Section 7 of the ESA as required after receipt of evidence of critical habitat damage from livestock grazing on federal public lands along Arizona’s Gila River. Plaintiffs are seeking declaratory judgment and injunctive relief.
The Center for Biological Diversity and Maricopa Audubon Society sued the U.S. Bureau of Land Management (BLM) and the U.S. Fish & Wildlife Service (FWS) in the U.S. District Court for the District of Arizona under the Endangered Species Act (ESA) for failing to protect critical habitat for ESA-listed species including the Southwestern willow flycatcher and Western yellow-billed cuckoo. Plaintiffs claim the agencies failed to reinitiate and complete consultation under Section 7 of the ESA as required after receipt of evidence of critical habitat damage from livestock grazing on federal public lands along Arizona’s Gila River. Plaintiffs are seeking declaratory judgment and injunctive relief.
Doc Antle Pleads Guilty to Federal Wildlife Trafficking and Money Laundering Crimes
South Carolina roadside zoo owner Bhagavan “Doc” Antle pleaded guilty in the U.S. District Court for the District of South Carolina to a conspiracy to violate the Lacey Act in connection with his illegal trafficking of endangered cheetahs, lions, tigers, and a chimpanzee between September 2018 and May 2020. He also pleaded guilty to a conspiracy to launder money related to transporting and harboring undocumented immigrants between February and April 2022. Antle, who was featured in the Netflix reality show Tiger King, faces up to five years in prison, up to a $250,000 fine, and three years of supervised release for each criminal count.
South Carolina roadside zoo owner Bhagavan “Doc” Antle pleaded guilty in the U.S. District Court for the District of South Carolina to a conspiracy to violate the Lacey Act in connection with his illegal trafficking of endangered cheetahs, lions, tigers, and a chimpanzee between September 2018 and May 2020. He also pleaded guilty to a conspiracy to launder money related to transporting and harboring undocumented immigrants between February and April 2022. Antle, who was featured in the Netflix reality show Tiger King, faces up to five years in prison, up to a $250,000 fine, and three years of supervised release for each criminal count.
State Court Updates
Animal Activist Convicted of Conspiracy and Trespass to Poultry Farms in California
A Sonoma County jury convicted animal activist Wayne Hsiung of one felony of conspiracy to commit a crime and two misdemeanor charges of trespass at Sunrise Farms and Reichardt Duck Farm, two poultry farms in Petaluma, California. During the events that led to the convictions, Direct Action Everywhere, a group co-founded by Hsiung, removed chickens and ducks from the farms, asserting a “right to rescue.” Sentencing is set for November 30, 2023.
A Sonoma County jury convicted animal activist Wayne Hsiung of one felony of conspiracy to commit a crime and two misdemeanor charges of trespass at Sunrise Farms and Reichardt Duck Farm, two poultry farms in Petaluma, California. During the events that led to the convictions, Direct Action Everywhere, a group co-founded by Hsiung, removed chickens and ducks from the farms, asserting a “right to rescue.” Sentencing is set for November 30, 2023.
Agency Updates
APHIS Announces Withdrawal of Final Horse Protection Act Rule in Conjunction with New Proposed Rule
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its withdrawal of a final Horse Protection Act (HPA) rule that would disallow third-party training to inspect for horse soring. APHIS filed the final rule for public inspection with the Office of the Federal Register on January 19, 2017, but withdrew it from publication on January 23, 2017, to comply with a memorandum from then-President Trump’s Chief of Staff. In place of the final rule, the withdrawal of which will be effective November 30, 2023, APHIS proposed a new HPA rule on August 21, 2023. The proposed rule would require APHIS screening, training, and authorization of qualified inspectors at horse shows, exhibitions, sales, and auctions, and is intended to protect horses from soring and end unfair competition practices.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its withdrawal of a final Horse Protection Act (HPA) rule that would disallow third-party training to inspect for horse soring. APHIS filed the final rule for public inspection with the Office of the Federal Register on January 19, 2017, but withdrew it from publication on January 23, 2017, to comply with a memorandum from then-President Trump’s Chief of Staff. In place of the final rule, the withdrawal of which will be effective November 30, 2023, APHIS proposed a new HPA rule on August 21, 2023. The proposed rule would require APHIS screening, training, and authorization of qualified inspectors at horse shows, exhibitions, sales, and auctions, and is intended to protect horses from soring and end unfair competition practices.
USDA Will Accept Comments on Potential Environmental Impacts of Local Meat Capacity Grant Program
The U.S. Department of Agriculture (USDA)’s Agricultural Marketing Service (AMS) announced that the Draft Programmatic Environmental Assessment for the Local Meat Capacity Grant Program, a program designed to support independently owned meat and poultry processors, is available for public review. AMS will accept public comments through November 30, 2023.
The U.S. Department of Agriculture (USDA)’s Agricultural Marketing Service (AMS) announced that the Draft Programmatic Environmental Assessment for the Local Meat Capacity Grant Program, a program designed to support independently owned meat and poultry processors, is available for public review. AMS will accept public comments through November 30, 2023.
FWS Proposes ESA Listing Status for the Oblong Rocksnail
The U.S. Fish & Wildlife Service (FWS) announced its intent to list the oblong rocksnail as an endangered species under the Endangered Species Act. The oblong rocksnail is native to Alabama’s Cahaba River. FWS will accept public comments on the proposed listing status through January 2, 2024.
The U.S. Fish & Wildlife Service (FWS) announced its intent to list the oblong rocksnail as an endangered species under the Endangered Species Act. The oblong rocksnail is native to Alabama’s Cahaba River. FWS will accept public comments on the proposed listing status through January 2, 2024.
USDA Announces Amended Organic Livestock and Poultry Production Standards
The U.S. Department of Agriculture (USDA)’s Agriculture Marketing Service announced a final rule amending the organic livestock and poultry production requirements “to maintain consumer confidence in USDA organic products, to align with consumer expectations regarding outdoor access, and to further facilitate interstate commerce in organic products.” The rule becomes effective January 2, 2024, with compliance required by January 2, 2025, except for certain poultry operations, which will be required to comply with the new requirements by January 2029.
The U.S. Department of Agriculture (USDA)’s Agriculture Marketing Service announced a final rule amending the organic livestock and poultry production requirements “to maintain consumer confidence in USDA organic products, to align with consumer expectations regarding outdoor access, and to further facilitate interstate commerce in organic products.” The rule becomes effective January 2, 2024, with compliance required by January 2, 2025, except for certain poultry operations, which will be required to comply with the new requirements by January 2029.
EPA Grants PFR Seeking Regulation of Tire Chemical Linked to Lethal Effects on Salmon and Trout in the Pacific Northwest
The U.S. Environmental Protection Agency (EPA) granted a petition for rulemaking (PFR) submitted by Earthjustice on behalf of the Yurok Tribe, the Port Gamble S’Klallam Tribe, and the Puyallup Tribe of Indians. Petitioners assert that 6PPD, a chemical used in tires, is responsible for decimating salmon and steelhead trout populations in the Pacific Northwest. The EPA will begin gathering more information on 6PPD and will issue an advance notice of proposed rulemaking under Section 6 of the Toxic Substances Control Act.
The U.S. Environmental Protection Agency (EPA) granted a petition for rulemaking (PFR) submitted by Earthjustice on behalf of the Yurok Tribe, the Port Gamble S’Klallam Tribe, and the Puyallup Tribe of Indians. Petitioners assert that 6PPD, a chemical used in tires, is responsible for decimating salmon and steelhead trout populations in the Pacific Northwest. The EPA will begin gathering more information on 6PPD and will issue an advance notice of proposed rulemaking under Section 6 of the Toxic Substances Control Act.
FWS Announces Final Rule Restoring ESA Protections for Gray Wolves
The U.S. Fish & Wildlife Service (FWS) issued a final rule restoring Endangered Species Act (ESA) protections for gray wolves in all areas where the species was listed prior to a November 3, 2020, rule removing the gray wolf from the List of Endangered and Threatened Wildlife. FWS took this action to comply with a February 10, 2022, order entered by the U.S. District Court for the Northern District of California that vacated the agency’s 2020 rule.
The U.S. Fish & Wildlife Service (FWS) issued a final rule restoring Endangered Species Act (ESA) protections for gray wolves in all areas where the species was listed prior to a November 3, 2020, rule removing the gray wolf from the List of Endangered and Threatened Wildlife. FWS took this action to comply with a February 10, 2022, order entered by the U.S. District Court for the Northern District of California that vacated the agency’s 2020 rule.
FSIS Announces Recall of Almost 30,000 Pounds of Tyson’s Breaded Chicken Patties
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Tyson Foods, Inc. is recalling approximately 29,819 pounds of fully cooked, breaded, shaped chicken patty product that may be contaminated with pieces of metal. The product was received by distributors in Alabama, California, Illinois, Kentucky, Michigan, Ohio, Tennessee, Virginia, and Wisconsin.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Tyson Foods, Inc. is recalling approximately 29,819 pounds of fully cooked, breaded, shaped chicken patty product that may be contaminated with pieces of metal. The product was received by distributors in Alabama, California, Illinois, Kentucky, Michigan, Ohio, Tennessee, Virginia, and Wisconsin.
Other Updates
President Biden Sets December 31st Deadline for China to Combat Pangolin Trafficking or Face Trade Sanctions
President Biden announced his intent “to direct certain prohibitions on the importation of, and impose trade measures on, certain products from the [People’s Republic of China]” if the country does not make significant commitments by December 31, 2023, to implement measures to combat pangolin trafficking. The decision comes in response to the Secretary of the Interior’s recent certification under the Pelly Amendment to the Fishermen’s Protective Act of 1967 that China’s domestic market for pangolin products is diminishing the effectiveness of the Convention on the International Trade in Endangered Species of Wild Fauna and Flora.
President Biden announced his intent “to direct certain prohibitions on the importation of, and impose trade measures on, certain products from the [People’s Republic of China]” if the country does not make significant commitments by December 31, 2023, to implement measures to combat pangolin trafficking. The decision comes in response to the Secretary of the Interior’s recent certification under the Pelly Amendment to the Fishermen’s Protective Act of 1967 that China’s domestic market for pangolin products is diminishing the effectiveness of the Convention on the International Trade in Endangered Species of Wild Fauna and Flora.