Oregon House Bill 2676 would prohibit the sale, offer for sale, display for sale, trade, or other distribution for consideration of fur products. The ban would not apply to nonprofits, secondhand stores, pawn shops, or Native American tribes.
Issue 66
This Week's Spotlights
Legislative Updates - Pending State Actions
Oregon Considers Ban on Sale of New Fur Products
Oregon Considers Moratorium on Industrial Dairies
Oregon House Bill 2924 would prohibit the Department of Environmental Quality and the State Department of Agriculture from issuing or renewing a license or permit to allow the construction or operation of a new industrial dairy, an addition to an existing industrial dairy, or an addition to an existing dairy if the addition would cause the dairy to become an industrial dairy.
Oregon House Bill 2924 would prohibit the Department of Environmental Quality and the State Department of Agriculture from issuing or renewing a license or permit to allow the construction or operation of a new industrial dairy, an addition to an existing industrial dairy, or an addition to an existing dairy if the addition would cause the dairy to become an industrial dairy.
New York Considers Tax on Sale of Animals
New York Senate Bill 1360 would establish a 12% surcharge on the sale of any animal by a pet dealer and establish the “New York animal shelter and wildlife rehabilitator account” to receive the surcharge funds “to ensure humane societies are subsidized for the protection and care of unwanted animals.”
New York Senate Bill 1360 would establish a 12% surcharge on the sale of any animal by a pet dealer and establish the “New York animal shelter and wildlife rehabilitator account” to receive the surcharge funds “to ensure humane societies are subsidized for the protection and care of unwanted animals.”
New Jersey Bill Would Restrict Confinement of Animals Raised for Food
New Jersey Assembly Bill 5236 would prohibit confining a pregnant pig or a calf raised for veal in a manner that would prevent them from lying down, standing up, or turning around freely.
New Jersey Assembly Bill 5236 would prohibit confining a pregnant pig or a calf raised for veal in a manner that would prevent them from lying down, standing up, or turning around freely.
Virginia Considers Establishing Wildlife Corridors
Virginia Senate Bill 1274 proposes to direct agencies to consider and incorporate wildlife corridors and any recommendations of the Wildlife Corridor Action Plan when developing outdoor recreational facilities, forestry plans, transportation plans, or any other governmental strategic plan, map, or action.
Virginia Senate Bill 1274 proposes to direct agencies to consider and incorporate wildlife corridors and any recommendations of the Wildlife Corridor Action Plan when developing outdoor recreational facilities, forestry plans, transportation plans, or any other governmental strategic plan, map, or action.
Maryland Bill Would Prohibit Cosmetic Animal Testing
Maryland Senate Bill 282 would prohibit conducting or contracting for animal testing in the development of a cosmetic product after January 1, 2022 and prohibit the sale of cosmetic products developed using animal tests after July 1, 2022.
Maryland Senate Bill 282 would prohibit conducting or contracting for animal testing in the development of a cosmetic product after January 1, 2022 and prohibit the sale of cosmetic products developed using animal tests after July 1, 2022.
Virginia Considers Offering Animals Used in Research for Adoption
Virginia Senate Bill 1417 would require any animal testing facility that no longer has a need for a dog or cat in its possession to offer such animal for adoption.
Virginia Senate Bill 1417 would require any animal testing facility that no longer has a need for a dog or cat in its possession to offer such animal for adoption.
Virginia Bill Would Prohibit Animal Testing for Cosmetics
Virginia House Bill 2250 and Senate Bill 1379 would prohibit conducting or contracting for animal testing in the development of a cosmetic product after July 1, 2021 and prohibit the sale of cosmetic products developed using animal tests after January 1, 2022.
Virginia House Bill 2250 and Senate Bill 1379 would prohibit conducting or contracting for animal testing in the development of a cosmetic product after July 1, 2021 and prohibit the sale of cosmetic products developed using animal tests after January 1, 2022.
Case Law Updates - Federal Case Law Updates
Treatment of Remaining NIH Chimpanzees Challenged
The Humane Society of the United States, the Humane Society Legislative Fund, Animal Protection of New Mexico, Holly Andreas, Elizabeth Reed, and Nancy Megna have filed suit against the National Institutes of Health. Their complaint alleges that the agency’s decision to keep the chimpanzees at the Alamogordo Primate Facility instead of retiring them to the federal sanctuary system violates the Chimpanzee Health Improvement, Maintenance, and Protection Act and the Administrative Procedure Act.
The Humane Society of the United States, the Humane Society Legislative Fund, Animal Protection of New Mexico, Holly Andreas, Elizabeth Reed, and Nancy Megna have filed suit against the National Institutes of Health. Their complaint alleges that the agency’s decision to keep the chimpanzees at the Alamogordo Primate Facility instead of retiring them to the federal sanctuary system violates the Chimpanzee Health Improvement, Maintenance, and Protection Act and the Administrative Procedure Act.
Groups Challenge Endangered Species Act 4(b)(2) Rule
The Center for Biological Diversity, American Bird Conservancy, Conservation Council for Hawaii, Defenders of Wildlife, Natural Resources Defense Council, National Parks Conservation Association, Sierra Club, and WildEarth Guardians have filed suit against the Fish and Wildlife Service alleging that the agency’s 2020 promulgation of a new rule implementing section 4(b)(2) of the Endangered Species Act violates both the ESA itself and the Administrative Procedure Act.
The Center for Biological Diversity, American Bird Conservancy, Conservation Council for Hawaii, Defenders of Wildlife, Natural Resources Defense Council, National Parks Conservation Association, Sierra Club, and WildEarth Guardians have filed suit against the Fish and Wildlife Service alleging that the agency’s 2020 promulgation of a new rule implementing section 4(b)(2) of the Endangered Species Act violates both the ESA itself and the Administrative Procedure Act.
Groups Challenge Endangered Species Rule Defining “Habitat”
Conservation Council for Hawaii, the Center for Biological Diversity, Defenders of Wildlife, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club, and Wildearth Guardians have filed suit against the Fish and Wildlife Service and National Marine Fisheries Service alleging that the agencies’ 2020 promulgation of a new rule defining “habitat” within the Endangered Species Act violates both the ESA itself and the Administrative Procedure Act.
Conservation Council for Hawaii, the Center for Biological Diversity, Defenders of Wildlife, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club, and Wildearth Guardians have filed suit against the Fish and Wildlife Service and National Marine Fisheries Service alleging that the agencies’ 2020 promulgation of a new rule defining “habitat” within the Endangered Species Act violates both the ESA itself and the Administrative Procedure Act.
First Circuit Upholds Puerto Rico Cockfighting Ban
The First Circuit has upheld a Puerto Rico law banning cockfighting, finding that the prohibition violates neither the Commerce Clause nor the First Amendment.
The First Circuit has upheld a Puerto Rico law banning cockfighting, finding that the prohibition violates neither the Commerce Clause nor the First Amendment.
Legislative Updates
Pending State Actions
Maine Considers Establishing Protections for Additional Species
Maine Legislative Document 88 would define the term “species of special concern” to mean a species that may become endangered, threatened, or extirpated.
Maine Legislative Document 88 would define the term “species of special concern” to mean a species that may become endangered, threatened, or extirpated.
Maine Considers Changes to Companion Animal Laws
Maine Legislative Document 103 would require that all dogs over 3 months be vaccinated for rabies, forbid dangerous and nuisance dogs from being licensed online, provides for the revocation of animal control officer certification, and defines "animal care facility."
Maine Legislative Document 103 would require that all dogs over 3 months be vaccinated for rabies, forbid dangerous and nuisance dogs from being licensed online, provides for the revocation of animal control officer certification, and defines "animal care facility."
Maine Considers Allowing Additional Bear Hunting
Maine Legislative Document 10 would allow residents of the state to kill three bears per hunting season, as opposed to the two allowed per nonresident.
Maine Legislative Document 10 would allow residents of the state to kill three bears per hunting season, as opposed to the two allowed per nonresident.
Oregon Considers Ban on Sale of New Fur Products
Oregon House Bill 2676 would prohibit the sale, offer for sale, display for sale, trade, or other distribution for consideration of fur products. The ban would not apply to nonprofits, secondhand stores, pawn shops, or Native American tribes.
Oregon House Bill 2676 would prohibit the sale, offer for sale, display for sale, trade, or other distribution for consideration of fur products. The ban would not apply to nonprofits, secondhand stores, pawn shops, or Native American tribes.
Oregon Considers Allowing Using Dogs to Hunt Cougars
Oregon House Bill 2797 would allow counties to establish measures that allow the use of dogs to hunt cougars and authorize the State Department of Fish and Wildlife to issue permits for the use of dogs to hunt cougars.
Oregon House Bill 2797 would allow counties to establish measures that allow the use of dogs to hunt cougars and authorize the State Department of Fish and Wildlife to issue permits for the use of dogs to hunt cougars.
Oregon Considers Moratorium on Industrial Dairies
Oregon House Bill 2924 would prohibit the Department of Environmental Quality and the State Department of Agriculture from issuing or renewing a license or permit to allow the construction or operation of a new industrial dairy, an addition to an existing industrial dairy, or an addition to an existing dairy if the addition would cause the dairy to become an industrial dairy.
Oregon House Bill 2924 would prohibit the Department of Environmental Quality and the State Department of Agriculture from issuing or renewing a license or permit to allow the construction or operation of a new industrial dairy, an addition to an existing industrial dairy, or an addition to an existing dairy if the addition would cause the dairy to become an industrial dairy.
Oregon Considers Change to Emergency Animal Operation Plans
Oregon Senate Bill 103 would transfer responsibility for preparation of written animal emergency operations plans to the Department of Agriculture.
Oregon Senate Bill 103 would transfer responsibility for preparation of written animal emergency operations plans to the Department of Agriculture.
Oregon Considers Salmon Protections
Oregon House Bill 2803 would require the State Department of Fish and Wildlife to establish and operate a program to control populations of species that prey on salmon.
Oregon House Bill 2803 would require the State Department of Fish and Wildlife to establish and operate a program to control populations of species that prey on salmon.
New York Legislation Would Require Inspection of Vacated Properties for Animals
New York Assembly Bill 1769 would require that landlords inspect vacated properties within three days in order to ensure no animals were abandoned on the property.
New York Assembly Bill 1769 would require that landlords inspect vacated properties within three days in order to ensure no animals were abandoned on the property.
New York Considers Tax on Sale of Animals
New York Senate Bill 1360 would establish a 12% surcharge on the sale of any animal by a pet dealer and establish the “New York animal shelter and wildlife rehabilitator account” to receive the surcharge funds “to ensure humane societies are subsidized for the protection and care of unwanted animals.”
New York Senate Bill 1360 would establish a 12% surcharge on the sale of any animal by a pet dealer and establish the “New York animal shelter and wildlife rehabilitator account” to receive the surcharge funds “to ensure humane societies are subsidized for the protection and care of unwanted animals.”
New York Considers Establishing Animal Offender Database
New York Assembly Bill 1549 would require the establishment and maintenance of a database of all adults who have been convicted of crimes against animals.
New York Assembly Bill 1549 would require the establishment and maintenance of a database of all adults who have been convicted of crimes against animals.
New York Considers Longer Sentences for Aggravated Animal Cruelty
New York Assembly Bill 1531 would remove the two-year cap on sentencing for individuals convicted of aggravated animal cruelty.
New York Assembly Bill 1531 would remove the two-year cap on sentencing for individuals convicted of aggravated animal cruelty.
New York Considers Limiting Exemption of Animal Dealers
New York Assembly Bill 1728 would limit the dog licensing exemption of animal dealers licensed under the Animal Welfare Act to dealers who sell exclusively to USDA certified registered research facilities or research facilities with an Animal Welfare Assurance. New York dog licensing fees fund the state’s Animal Population Control Fund programs.
New York Assembly Bill 1728 would limit the dog licensing exemption of animal dealers licensed under the Animal Welfare Act to dealers who sell exclusively to USDA certified registered research facilities or research facilities with an Animal Welfare Assurance. New York dog licensing fees fund the state’s Animal Population Control Fund programs.
New York Considers Requiring Labeling of Cloned Animal Food Products
New York Assembly Bill 1517 would require prominent labeling on food products derived from “cloned animals or their progeny” that are sold, manufactured, or imported in the state. Cloned animal is defined as “an animal that arises directly from a somatic cell nuclear transfer event.”
New York Assembly Bill 1517 would require prominent labeling on food products derived from “cloned animals or their progeny” that are sold, manufactured, or imported in the state. Cloned animal is defined as “an animal that arises directly from a somatic cell nuclear transfer event.”
New York Considers Restrictions on Dog Tethering
New York Assembly Bill 1410 would prohibit tethering a dog outdoors unless the tether is attached with a buckle collar or body harness, the tether is ten feet or five times the length of the dog’s body, the tether is connected at both ends with a swivel, no weather advisory or warning has been issued, and other requirements are met. New York Assembly Bill 1556 would prohibit tethering or otherwise restraining dogs outdoors between 7pm and 6am.
New York Assembly Bill 1410 would prohibit tethering a dog outdoors unless the tether is attached with a buckle collar or body harness, the tether is ten feet or five times the length of the dog’s body, the tether is connected at both ends with a swivel, no weather advisory or warning has been issued, and other requirements are met. New York Assembly Bill 1556 would prohibit tethering or otherwise restraining dogs outdoors between 7pm and 6am.
New York Considers Horse Racing Fan Advisory Board
New York Assembly Bill 1896 would establish a horse racing fan advisory board and create a New York State Racing Farm of the Year award.
New York Assembly Bill 1896 would establish a horse racing fan advisory board and create a New York State Racing Farm of the Year award.
New Hampshire Considers Additional Companion Animal Rabies Requirements
New Hampshire House Bill 387 would require that dogs who are vaccinated against rabies be given a rabies antibody test 30 days after vaccination and establishes guidelines for dogs who are not immunized. New Hampshire House Bill 322 would require that a color photo of a dog, cat, or ferret be attached to their rabies vaccination certificate.
New Hampshire House Bill 387 would require that dogs who are vaccinated against rabies be given a rabies antibody test 30 days after vaccination and establishes guidelines for dogs who are not immunized. New Hampshire House Bill 322 would require that a color photo of a dog, cat, or ferret be attached to their rabies vaccination certificate.
New Hampshire Considers Bill to Address Animal Hoarding
New Hampshire House Bill 366 would define animal hoarding, allow courts to order psychological evaluations for those charged with animal hoarding, and provide for the disposition of animals seized in an animal hoarding case.
New Hampshire House Bill 366 would define animal hoarding, allow courts to order psychological evaluations for those charged with animal hoarding, and provide for the disposition of animals seized in an animal hoarding case.
New Hampshire Considers Making Theft of Dogs a Class B Felony
New Hampshire House Bill 338 would make theft of dogs a class B felony. The bill would also make it a crime to remove a tracking collar or device from a dog.
New Hampshire House Bill 338 would make theft of dogs a class B felony. The bill would also make it a crime to remove a tracking collar or device from a dog.
New York Considers Requiring Fire Protection in Pet Stores
New York Assembly Bill 1903 would require the installation of fire protection systems in pet stores.
New York Assembly Bill 1903 would require the installation of fire protection systems in pet stores.
Washington Considers Banning Firearms for Animal Offenders
Washington House Bill 1038 would prohibit the possession of firearms by someone convicted of animal cruelty in the second degree.
Washington House Bill 1038 would prohibit the possession of firearms by someone convicted of animal cruelty in the second degree.
Connecticut Considers Ban on Fur
Connecticut Proposed Bill 5031 would prohibit the sale, trade, and distribution of new animal fur.
Connecticut Proposed Bill 5031 would prohibit the sale, trade, and distribution of new animal fur.
Connecticut Considers Ban on Sale of Shark Fins
Connecticut Proposed Bill 5029 would prohibit the sale, trade, and distribution of shark fins.
Connecticut Proposed Bill 5029 would prohibit the sale, trade, and distribution of shark fins.
Florida Considers Regulation of Companion Animal Cremation Services
Florida Senate Bill 526 would require providers of companion animal cremation services to provide a written description of the services offered, including disclosure if any part of the animal will be used or sold by the provider and whether the animal will be cremated individually or as part of communal cremation.
Florida Senate Bill 526 would require providers of companion animal cremation services to provide a written description of the services offered, including disclosure if any part of the animal will be used or sold by the provider and whether the animal will be cremated individually or as part of communal cremation.
Iowa Considers Banning Black Bear Hunting
Iowa House File 22 would add black bear to the list of animals that may not be pursued, shot, killed, or taken.
Iowa House File 22 would add black bear to the list of animals that may not be pursued, shot, killed, or taken.
Connecticut Considers Banning Use of Wild Animals in Circuses, Carnivals, Exhibitions
Connecticut Proposed Bill 66 would prohibit the use of wild animals in circuses, carnivals, and exhibitions.
Connecticut Proposed Bill 66 would prohibit the use of wild animals in circuses, carnivals, and exhibitions.
New York Considers Prohibiting Transport of Horse Flesh for Human Consumption
New York Senate Bill 1537 would prohibit the slaughter of a horse for the purpose of human consumption and the transport of horse flesh with knowledge that it is intended for human consumption.
New York Senate Bill 1537 would prohibit the slaughter of a horse for the purpose of human consumption and the transport of horse flesh with knowledge that it is intended for human consumption.
New York Considers Establishing Standards for Care of Retired Race Horses
New York Senate Bill 1442 would prohibit the slaughter of retired race horses and breeding stock, require that race horses and breeding horses be microchipped, and increase access to funding for the care of retired racing and breeding horses.
New York Senate Bill 1442 would prohibit the slaughter of retired race horses and breeding stock, require that race horses and breeding horses be microchipped, and increase access to funding for the care of retired racing and breeding horses.
New Jersey Bill Would Restrict Confinement of Animals Raised for Food
New Jersey Assembly Bill 5236 would prohibit confining a pregnant pig or a calf raised for veal in a manner that would prevent them from lying down, standing up, or turning around freely.
New Jersey Assembly Bill 5236 would prohibit confining a pregnant pig or a calf raised for veal in a manner that would prevent them from lying down, standing up, or turning around freely.
Virginia Considers Establishing Wildlife Corridors
Virginia Senate Bill 1274 proposes to direct agencies to consider and incorporate wildlife corridors and any recommendations of the Wildlife Corridor Action Plan when developing outdoor recreational facilities, forestry plans, transportation plans, or any other governmental strategic plan, map, or action.
Virginia Senate Bill 1274 proposes to direct agencies to consider and incorporate wildlife corridors and any recommendations of the Wildlife Corridor Action Plan when developing outdoor recreational facilities, forestry plans, transportation plans, or any other governmental strategic plan, map, or action.
Virginia Considers Prohibiting Driving while Holding Companion Animal
Virginia House Bill 2077 would prohibit operating a motor vehicle while holding a companion animal.
Virginia House Bill 2077 would prohibit operating a motor vehicle while holding a companion animal.
Maryland Considers Requiring Additional Training for Animal Control Officers
Maryland House Bill 281 and Senate Bill 159 would require humane society officers and animal control officers complete at least eighty hours of training in the first year of their employment and six hours of continuing education every year.
Maryland House Bill 281 and Senate Bill 159 would require humane society officers and animal control officers complete at least eighty hours of training in the first year of their employment and six hours of continuing education every year.
Maryland Bill Would Prohibit Cosmetic Animal Testing
Maryland Senate Bill 282 would prohibit conducting or contracting for animal testing in the development of a cosmetic product after January 1, 2022 and prohibit the sale of cosmetic products developed using animal tests after July 1, 2022.
Maryland Senate Bill 282 would prohibit conducting or contracting for animal testing in the development of a cosmetic product after January 1, 2022 and prohibit the sale of cosmetic products developed using animal tests after July 1, 2022.
Maryland Considers Animal Shelter Regulations
Maryland House Bill 381 proposes to require animal shelters to take reasonable steps to achieve a save rate of 90%, set a minimum number of business days an animal must be made available to be reclaimed by a guardian, require animal shelters to review lists of animals reported lost, prohibit animal shelters from obstructing the adoption of an animal based on the animal’s breed, and set requirements for when an animal may be euthanized.
Maryland House Bill 381 proposes to require animal shelters to take reasonable steps to achieve a save rate of 90%, set a minimum number of business days an animal must be made available to be reclaimed by a guardian, require animal shelters to review lists of animals reported lost, prohibit animal shelters from obstructing the adoption of an animal based on the animal’s breed, and set requirements for when an animal may be euthanized.
Virginia Considers Prohibiting Breed Specific Legislation
Virginia Senate Bill 1135 would prohibit any locality from prohibiting the ownership of a particular breed of dog.
Virginia Senate Bill 1135 would prohibit any locality from prohibiting the ownership of a particular breed of dog.
Virginia Bill Would Regulate Animal Drawn Vehicles
Virginia Senate Bill 1139 would require animal drawn vehicles to be equipped with a braking system, at least one headlamp, adequate tires and wheels, reflectors, hazard warning lamps, a rearview mirror, and a horn or warning advice.
Virginia Senate Bill 1139 would require animal drawn vehicles to be equipped with a braking system, at least one headlamp, adequate tires and wheels, reflectors, hazard warning lamps, a rearview mirror, and a horn or warning advice.
Illinois Considers Tax Credit for Animal Adoption
Illinois House Bill 138 would establish a $250 tax credit for taxpayers who adopt an animal from a no kill animal shelter and retain custody of the animal for at least six consecutive months.
Illinois House Bill 138 would establish a $250 tax credit for taxpayers who adopt an animal from a no kill animal shelter and retain custody of the animal for at least six consecutive months.
Virginia Considers Pet Shop Employee Regulations
Virginia Senate Bill 1412 would require pet shops, dealers, and breeders to obtain a signed statement from any potential employee that that person has never been convicted of animal cruelty, neglect, or abandonment.
Virginia Senate Bill 1412 would require pet shops, dealers, and breeders to obtain a signed statement from any potential employee that that person has never been convicted of animal cruelty, neglect, or abandonment.
Virginia Considers Offering Animals Used in Research for Adoption
Virginia Senate Bill 1417 would require any animal testing facility that no longer has a need for a dog or cat in its possession to offer such animal for adoption.
Virginia Senate Bill 1417 would require any animal testing facility that no longer has a need for a dog or cat in its possession to offer such animal for adoption.
Virginia Considers Regulation of Trap, Neuter, Return Programs
Virginia Senate Bill 1390 would authorize any organization operated under the immediate supervision of a licensed veterinarian to operate a trap, neuter, and return program. The bill also exempts volunteers of such program from provisions related to abandonment and licensing of animals.
Virginia Senate Bill 1390 would authorize any organization operated under the immediate supervision of a licensed veterinarian to operate a trap, neuter, and return program. The bill also exempts volunteers of such program from provisions related to abandonment and licensing of animals.
Nebraska Considers Ban on Contractual Criminal Enforcement by Private Entity
Nebraska Legislative Bill 331 would prohibit cities and counties from using private entities to criminally enforce offenses related to animals.
Nebraska Legislative Bill 331 would prohibit cities and counties from using private entities to criminally enforce offenses related to animals.
Virginia Bill Would Prohibit Animal Testing for Cosmetics
Virginia House Bill 2250 and Senate Bill 1379 would prohibit conducting or contracting for animal testing in the development of a cosmetic product after July 1, 2021 and prohibit the sale of cosmetic products developed using animal tests after January 1, 2022.
Virginia House Bill 2250 and Senate Bill 1379 would prohibit conducting or contracting for animal testing in the development of a cosmetic product after July 1, 2021 and prohibit the sale of cosmetic products developed using animal tests after January 1, 2022.
Case Law Updates
Federal Case Law Updates
Groups Sue NMFS Over Right Whale Petition
Whale and Dolphin Conservation, Defenders of Wildlife, Conservation Law Foundation, and the Center for Biological Diversity have filed suit against the National Marine Fisheries Service and Secretary of Commerce challenging the agency’s failure to respond to plaintiffs’ 2012 and 2020 petitions to address right whale injury and deaths caused by vessel strikes.
Whale and Dolphin Conservation, Defenders of Wildlife, Conservation Law Foundation, and the Center for Biological Diversity have filed suit against the National Marine Fisheries Service and Secretary of Commerce challenging the agency’s failure to respond to plaintiffs’ 2012 and 2020 petitions to address right whale injury and deaths caused by vessel strikes.
Groups Challenge FWS Treatment of Salamander
The Center for Biological Diversity and Healthy Gulf have filed suit against the Fish and Wildlife Service and Secretary of the Interior for their alleged failure to develop recovery plans for the frosted flatwoods salamander and reticulated flatwoods salamander under the Endangered Species Act.
The Center for Biological Diversity and Healthy Gulf have filed suit against the Fish and Wildlife Service and Secretary of the Interior for their alleged failure to develop recovery plans for the frosted flatwoods salamander and reticulated flatwoods salamander under the Endangered Species Act.
Groups File Suit Over Delisting of Gray Wolf
Defenders of Wildlife, Center for Biological Diversity, Sierra Club, National Parks Conservation Association, Oregon Wild, and Humane Society of the United States have filed suit against the Fish and Wildlife Service and Secretary of the Interior for removal of the gray wolf from the list of endangered and threatened wildlife.
Defenders of Wildlife, Center for Biological Diversity, Sierra Club, National Parks Conservation Association, Oregon Wild, and Humane Society of the United States have filed suit against the Fish and Wildlife Service and Secretary of the Interior for removal of the gray wolf from the list of endangered and threatened wildlife.
Center for Biological Diversity and Friends of the Earth Challenge Marine Shipping Lanes
The Center for Biological Diversity and Friends of the Earth have filed suit against the National Oceanic and Atmospheric Administration Fisheries and the United States Coast Guard for allegedly failing to comply with the Endangered Species Act in relation to the Coast Guard’s regulatory codification of shipping lanes in California. The groups argue that the shipping lanes intersect with seasonal populations species listed under the Endangered Species Act, including whales and leatherback turtles.
The Center for Biological Diversity and Friends of the Earth have filed suit against the National Oceanic and Atmospheric Administration Fisheries and the United States Coast Guard for allegedly failing to comply with the Endangered Species Act in relation to the Coast Guard’s regulatory codification of shipping lanes in California. The groups argue that the shipping lanes intersect with seasonal populations species listed under the Endangered Species Act, including whales and leatherback turtles.
Groups Challenge Florida’s Clean Water Act Permitting Scheme under ESA
The Center for Biological Diversity, Defenders of Wildlife, Sierra Club, Conservancy of Southwest Florida, Florida Wildlife Federation, Miami Waterkeeper, and St. Johns Riverkeeper have filed suit against the Environmental Protection Agency, Fish and Wildlife Service, Army Corps of Engineers, and related individuals challenging the Environmental Protection Agency’s approval of Florida’s application to assume jurisdiction over Section 404 of the Clean Water Act. The complaint also alleges that the Fish and Wildlife Service failed to ensure no jeopardy to listed species and that the Army Corps of Engineers acted arbitrarily and capriciously.
The Center for Biological Diversity, Defenders of Wildlife, Sierra Club, Conservancy of Southwest Florida, Florida Wildlife Federation, Miami Waterkeeper, and St. Johns Riverkeeper have filed suit against the Environmental Protection Agency, Fish and Wildlife Service, Army Corps of Engineers, and related individuals challenging the Environmental Protection Agency’s approval of Florida’s application to assume jurisdiction over Section 404 of the Clean Water Act. The complaint also alleges that the Fish and Wildlife Service failed to ensure no jeopardy to listed species and that the Army Corps of Engineers acted arbitrarily and capriciously.
Treatment of Remaining NIH Chimpanzees Challenged
The Humane Society of the United States, the Humane Society Legislative Fund, Animal Protection of New Mexico, Holly Andreas, Elizabeth Reed, and Nancy Megna have filed suit against the National Institutes of Health. Their complaint alleges that the agency’s decision to keep the chimpanzees at the Alamogordo Primate Facility instead of retiring them to the federal sanctuary system violates the Chimpanzee Health Improvement, Maintenance, and Protection Act and the Administrative Procedure Act.
The Humane Society of the United States, the Humane Society Legislative Fund, Animal Protection of New Mexico, Holly Andreas, Elizabeth Reed, and Nancy Megna have filed suit against the National Institutes of Health. Their complaint alleges that the agency’s decision to keep the chimpanzees at the Alamogordo Primate Facility instead of retiring them to the federal sanctuary system violates the Chimpanzee Health Improvement, Maintenance, and Protection Act and the Administrative Procedure Act.
Groups Challenge Livestock Grazing in New Mexico and Arizona
Western Watersheds Project and Wilderness Watch have filed suit against the Forest Service, alleging that the agency’s decision to authorize livestock grazing in the Apache-Sitgreaves and Gila National Forests violates the National Environmental Policy Act.
Western Watersheds Project and Wilderness Watch have filed suit against the Forest Service, alleging that the agency’s decision to authorize livestock grazing in the Apache-Sitgreaves and Gila National Forests violates the National Environmental Policy Act.
Groups Challenge Endangered Species Act 4(b)(2) Rule
The Center for Biological Diversity, American Bird Conservancy, Conservation Council for Hawaii, Defenders of Wildlife, Natural Resources Defense Council, National Parks Conservation Association, Sierra Club, and WildEarth Guardians have filed suit against the Fish and Wildlife Service alleging that the agency’s 2020 promulgation of a new rule implementing section 4(b)(2) of the Endangered Species Act violates both the ESA itself and the Administrative Procedure Act.
The Center for Biological Diversity, American Bird Conservancy, Conservation Council for Hawaii, Defenders of Wildlife, Natural Resources Defense Council, National Parks Conservation Association, Sierra Club, and WildEarth Guardians have filed suit against the Fish and Wildlife Service alleging that the agency’s 2020 promulgation of a new rule implementing section 4(b)(2) of the Endangered Species Act violates both the ESA itself and the Administrative Procedure Act.
Groups Challenge Endangered Species Rule Defining “Habitat”
Conservation Council for Hawaii, the Center for Biological Diversity, Defenders of Wildlife, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club, and Wildearth Guardians have filed suit against the Fish and Wildlife Service and National Marine Fisheries Service alleging that the agencies’ 2020 promulgation of a new rule defining “habitat” within the Endangered Species Act violates both the ESA itself and the Administrative Procedure Act.
Conservation Council for Hawaii, the Center for Biological Diversity, Defenders of Wildlife, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club, and Wildearth Guardians have filed suit against the Fish and Wildlife Service and National Marine Fisheries Service alleging that the agencies’ 2020 promulgation of a new rule defining “habitat” within the Endangered Species Act violates both the ESA itself and the Administrative Procedure Act.
Fishing Group Says Telephone Company Polluting Lake Tahoe
The California Sportfishing Protection Alliance has filed suit against Pacific Bell Telephone Company, accusing the company of abandoning damaged telecommunications cables in Lake Tahoe, leading to lead pollution.
The California Sportfishing Protection Alliance has filed suit against Pacific Bell Telephone Company, accusing the company of abandoning damaged telecommunications cables in Lake Tahoe, leading to lead pollution.
First Circuit Upholds Puerto Rico Cockfighting Ban
The First Circuit has upheld a Puerto Rico law banning cockfighting, finding that the prohibition violates neither the Commerce Clause nor the First Amendment.
The First Circuit has upheld a Puerto Rico law banning cockfighting, finding that the prohibition violates neither the Commerce Clause nor the First Amendment.
Agency Updates
FWS and NFMS Propose Rule for Interagency Cooperation
The Fish and Wildlife Service and the National Marine Fisheries Service have proposed a new rule to that re-initiation of consultation with the Bureau of Land Management would not be required for the agencies’ previously approved land management plans when new information reveals that effects of a plan may affect listed species or critical habitat in a manner or to an extent not previously considered as long as any authorized actions for which the new information is relevant is addressed through a separate action-specific consultation. The agencies are accepting comments on the proposed rule until February 11, 2021.
The Fish and Wildlife Service and the National Marine Fisheries Service have proposed a new rule to that re-initiation of consultation with the Bureau of Land Management would not be required for the agencies’ previously approved land management plans when new information reveals that effects of a plan may affect listed species or critical habitat in a manner or to an extent not previously considered as long as any authorized actions for which the new information is relevant is addressed through a separate action-specific consultation. The agencies are accepting comments on the proposed rule until February 11, 2021.
FWS Removes Interior Least Tern from ESA List
The Fish and Wildlife Service has removed the inland population of the least tern from the list of wildlife protected under the Endangered Species Act due to recovery. The rule is effective as of February 12, 2021.
The Fish and Wildlife Service has removed the inland population of the least tern from the list of wildlife protected under the Endangered Species Act due to recovery. The rule is effective as of February 12, 2021.
NMFS Announces 5-Year Review for Bearded Seal
The National Marine Fisheries Service has announced the initiation of a 5-year review under the Endangered Species Act for the Beringia and Okhotsk distinct population segments of the bearded seal. The agency is accepting information for this review until March 26, 2021.
The National Marine Fisheries Service has announced the initiation of a 5-year review under the Endangered Species Act for the Beringia and Okhotsk distinct population segments of the bearded seal. The agency is accepting information for this review until March 26, 2021.
FWS Cuts Down Critical Habitat for Northern Spotted Owl
The Fish and Wildlife Service has announced a final rule excluding 3,472,064 acres of critical habitat for the northern spotted owl under the Endangered Species Act. The rule is effective as of March 16, 2021.
The Fish and Wildlife Service has announced a final rule excluding 3,472,064 acres of critical habitat for the northern spotted owl under the Endangered Species Act. The rule is effective as of March 16, 2021.
NMFS Extends Information Request Period for Ringed Seal
The National Marine Fisheries Service has announced it is extending the information request on the notice of a 5-year review of the Arctic, Okhotsk, Baltic, and Ladoga subspecies of the ringed seal under the Endangered Species Act. The agency is now accepting information until March 26, 2021.
The National Marine Fisheries Service has announced it is extending the information request on the notice of a 5-year review of the Arctic, Okhotsk, Baltic, and Ladoga subspecies of the ringed seal under the Endangered Species Act. The agency is now accepting information until March 26, 2021.