Utah Governor Spencer Cox has signed into law Senate Bill 130, the “Large Concentrated Animal Feeding Operations Act,” which requires counties to adopt CAFO land use ordinances by February 1, 2022 that designate areas within the county in which CAFOs may be located, establish procedures for applying for a land use decision, and provide for costs and fees of such regulation. The law also provides criteria that counties must consider in adopting the geographic area in which CAFOs may be located.
Issue 77
This Week's Spotlights
Legislative Updates - Passed State Actions
Utah to Regulate Concentrated Animal Feeding Operations
Utah Prohibits Confinement of Egg-Laying Hens
Utah Governor Spencer Cox has signed into law Senate Bill 147 which will prohibit the confinement of egg-laying hens in an enclosure that is not a cage-free housing system or that has less usable floor space per hen than as required by the 2017 edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing. To qualify as a cage-free housing system an environment must provide egg-laying hens “enrichments that allow them to exhibit natural behaviors including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas.” The law will also prohibit the sale or transport of eggs or egg products that a business owner knows or should have known were produced by an egg-laying hen that was confined in a manner prohibited by the law. The prohibitions take effect on January 1, 2025, and the state Department of Agriculture and Food is required to prepare a report to the state legislature on “efforts taken by farm owners and operators to come into compliance” with the pending prohibition by November 2023.
Utah Governor Spencer Cox has signed into law Senate Bill 147 which will prohibit the confinement of egg-laying hens in an enclosure that is not a cage-free housing system or that has less usable floor space per hen than as required by the 2017 edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing. To qualify as a cage-free housing system an environment must provide egg-laying hens “enrichments that allow them to exhibit natural behaviors including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas.” The law will also prohibit the sale or transport of eggs or egg products that a business owner knows or should have known were produced by an egg-laying hen that was confined in a manner prohibited by the law. The prohibitions take effect on January 1, 2025, and the state Department of Agriculture and Food is required to prepare a report to the state legislature on “efforts taken by farm owners and operators to come into compliance” with the pending prohibition by November 2023.
Case Law Updates - Federal Case Law Updates
11th Circuit Revives Lawsuit Challenging Lolita AWA Permit
The Eleventh Circuit has overturned a district court’s dismissal of a lawsuit brought by PETA alleging that the United States Department of Agriculture violated its own policy under the Animal Welfare Act when it added the non-compliant tank where orca whale Lolita is currently captive to the existing exhibitor’s license of the facility’s new owner.
The Eleventh Circuit has overturned a district court’s dismissal of a lawsuit brought by PETA alleging that the United States Department of Agriculture violated its own policy under the Animal Welfare Act when it added the non-compliant tank where orca whale Lolita is currently captive to the existing exhibitor’s license of the facility’s new owner.
Agency Updates
USDA Requests Comments on Climate-Smart Agriculture
The United States Department of Agriculture has requested public comment on what steps the agency could take to mitigate climate change in agriculture and forestry. The agency is accepting comments until April 29, 2021.
The United States Department of Agriculture has requested public comment on what steps the agency could take to mitigate climate change in agriculture and forestry. The agency is accepting comments until April 29, 2021.
International Updates
Animal Justice Challenges Ontario Ag Gag Law
Animal Justice has sued the Ontario government over the ag gag law it passed last year. This is the first challenge of its kind in Canada.
Animal Justice has sued the Ontario government over the ag gag law it passed last year. This is the first challenge of its kind in Canada.
Academic Updates - Articles
Animal Law Commentaries in Harvard Law Review Forum
The Harvard Law Review has published three commentaries on Animal Law in its online Forum. The HLR Forum is the companion to the print journal, hosting scholarly discussion of HLR print content and timely reactions to recent developments in the law. The three commentaries are:
- Justin Marceau, Palliative Animal Law: The War on Animal Cruelty, 134 Harv. L. Rev. F. 250 (2021);
- Jessica Rubin, Desmond’s Law: Early Impressions of Connecticut’s Court Advocate Program for Animal Cruelty Cases, 134 Harv. L. Rev. F. 263 (2021); and
- Kristen Stilt, Rights of Nature, Rights of Animals, 134 Harv. L. Rev. F. 276 (2021).
The Harvard Law Review has published three commentaries on Animal Law in its online Forum. The HLR Forum is the companion to the print journal, hosting scholarly discussion of HLR print content and timely reactions to recent developments in the law. The three commentaries are:
- Justin Marceau, Palliative Animal Law: The War on Animal Cruelty, 134 Harv. L. Rev. F. 250 (2021);
- Jessica Rubin, Desmond’s Law: Early Impressions of Connecticut’s Court Advocate Program for Animal Cruelty Cases, 134 Harv. L. Rev. F. 263 (2021); and
- Kristen Stilt, Rights of Nature, Rights of Animals, 134 Harv. L. Rev. F. 276 (2021).
Legislative Updates
Pending Federal Actions
Congress Considers Protections for Kangaroos
House Bill 917, the Kangaroo Protection Act of 2021, would ban the commercial importation or sale of any product made from kangaroo body parts. The bill provides for criminal penalties of up to one year in prison and $10,000 in fines for each prohibited act and up to $10,000 in civil penalties. The bill also contains a citizen suit provision to assist enforcement of the prohibition.
House Bill 917, the Kangaroo Protection Act of 2021, would ban the commercial importation or sale of any product made from kangaroo body parts. The bill provides for criminal penalties of up to one year in prison and $10,000 in fines for each prohibited act and up to $10,000 in civil penalties. The bill also contains a citizen suit provision to assist enforcement of the prohibition.
Congress Considers Amending Food, Drug, and Cosmetic Act to Allow for Non-Animal Tests
House Bill 1905, the Alternatives to Animals for Regulatory Fairness Act of 2021, would amend the Food, Drug, and Cosmetic Act in order to “allow the sponsor of a new drug to use a non-animal test as an alternative to an animal test for purposes of demonstrating the safety and effectiveness of [the] drug.” The bill was previously introduced in 2020.
House Bill 1905, the Alternatives to Animals for Regulatory Fairness Act of 2021, would amend the Food, Drug, and Cosmetic Act in order to “allow the sponsor of a new drug to use a non-animal test as an alternative to an animal test for purposes of demonstrating the safety and effectiveness of [the] drug.” The bill was previously introduced in 2020.
Passed State Actions
Utah to Regulate Concentrated Animal Feeding Operations
Utah Governor Spencer Cox has signed into law Senate Bill 130, the “Large Concentrated Animal Feeding Operations Act,” which requires counties to adopt CAFO land use ordinances by February 1, 2022 that designate areas within the county in which CAFOs may be located, establish procedures for applying for a land use decision, and provide for costs and fees of such regulation. The law also provides criteria that counties must consider in adopting the geographic area in which CAFOs may be located.
Utah Governor Spencer Cox has signed into law Senate Bill 130, the “Large Concentrated Animal Feeding Operations Act,” which requires counties to adopt CAFO land use ordinances by February 1, 2022 that designate areas within the county in which CAFOs may be located, establish procedures for applying for a land use decision, and provide for costs and fees of such regulation. The law also provides criteria that counties must consider in adopting the geographic area in which CAFOs may be located.
Utah Prohibits Baiting of Big Game and Restricts Hunting in Waterfoul Management Areas
Utah Governor Spencer Cox has signed into law House Bill 295 which will make it unlawful to, without authorization, “bait big game, take bake big game in a baited area, or take big game that has been lured to or is traveling from a baited area.” The law also establishes “waterfoul management areas” in which providing hunting guide or outfitter services and constructing permanent blinds or hunting structures is prohibited. The law also directs the Wildlife Board to “make rules regulating the use of trail cameras.”
Utah Governor Spencer Cox has signed into law House Bill 295 which will make it unlawful to, without authorization, “bait big game, take bake big game in a baited area, or take big game that has been lured to or is traveling from a baited area.” The law also establishes “waterfoul management areas” in which providing hunting guide or outfitter services and constructing permanent blinds or hunting structures is prohibited. The law also directs the Wildlife Board to “make rules regulating the use of trail cameras.”
Utah to Regulate Use of Therapy Animals in Schools
Utah Governor Spencer Cox has signed into law House Bill 426 which will require local education agencies to adopt a policy governing proper handling of therapy animals on school grounds if a school within that local agency “provides animal-assisted interventions through therapy animals.”
Utah Governor Spencer Cox has signed into law House Bill 426 which will require local education agencies to adopt a policy governing proper handling of therapy animals on school grounds if a school within that local agency “provides animal-assisted interventions through therapy animals.”
Utah Prohibits Confinement of Egg-Laying Hens
Utah Governor Spencer Cox has signed into law Senate Bill 147 which will prohibit the confinement of egg-laying hens in an enclosure that is not a cage-free housing system or that has less usable floor space per hen than as required by the 2017 edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing. To qualify as a cage-free housing system an environment must provide egg-laying hens “enrichments that allow them to exhibit natural behaviors including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas.” The law will also prohibit the sale or transport of eggs or egg products that a business owner knows or should have known were produced by an egg-laying hen that was confined in a manner prohibited by the law. The prohibitions take effect on January 1, 2025, and the state Department of Agriculture and Food is required to prepare a report to the state legislature on “efforts taken by farm owners and operators to come into compliance” with the pending prohibition by November 2023.
Utah Governor Spencer Cox has signed into law Senate Bill 147 which will prohibit the confinement of egg-laying hens in an enclosure that is not a cage-free housing system or that has less usable floor space per hen than as required by the 2017 edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing. To qualify as a cage-free housing system an environment must provide egg-laying hens “enrichments that allow them to exhibit natural behaviors including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas.” The law will also prohibit the sale or transport of eggs or egg products that a business owner knows or should have known were produced by an egg-laying hen that was confined in a manner prohibited by the law. The prohibitions take effect on January 1, 2025, and the state Department of Agriculture and Food is required to prepare a report to the state legislature on “efforts taken by farm owners and operators to come into compliance” with the pending prohibition by November 2023.
Case Law Updates
Federal Case Law Updates
Smithfield to Pay Almost $8 Million to Settle Wage Suit
Smithfield Packaged Meats Corporation has agreed to pay $7.75 million to settle a lawsuit alleging the company failed to properly pay workers overtime during the pandemic.
Smithfield Packaged Meats Corporation has agreed to pay $7.75 million to settle a lawsuit alleging the company failed to properly pay workers overtime during the pandemic.
PETA First Amendment Lawsuit Survives Motion to Dismiss
A Texas federal judge has denied Texas A&M’s motion to dismiss a lawsuit brought by PETA alleging the University’s refusal to display ads placed by the nonprofit depicting dogs used in a research lab amounts to a violation of its First Amendment rights.
A Texas federal judge has denied Texas A&M’s motion to dismiss a lawsuit brought by PETA alleging the University’s refusal to display ads placed by the nonprofit depicting dogs used in a research lab amounts to a violation of its First Amendment rights.
11th Circuit Revives Lawsuit Challenging Lolita AWA Permit
The Eleventh Circuit has overturned a district court’s dismissal of a lawsuit brought by PETA alleging that the United States Department of Agriculture violated its own policy under the Animal Welfare Act when it added the non-compliant tank where orca whale Lolita is currently captive to the existing exhibitor’s license of the facility’s new owner.
The Eleventh Circuit has overturned a district court’s dismissal of a lawsuit brought by PETA alleging that the United States Department of Agriculture violated its own policy under the Animal Welfare Act when it added the non-compliant tank where orca whale Lolita is currently captive to the existing exhibitor’s license of the facility’s new owner.
Seafood Company Agrees to Pay Over $1 Million in False Advertising Suit
The seafood company Mowi has agreed to pay over a million dollars to settle a proposed class action alleging that the company misled consumers into believing the animals used in its products were “sustainably sourced,” “all-natural,” and caught in Maine.
The seafood company Mowi has agreed to pay over a million dollars to settle a proposed class action alleging that the company misled consumers into believing the animals used in its products were “sustainably sourced,” “all-natural,” and caught in Maine.
Agency Updates
USDA Requests Comments on Climate-Smart Agriculture
The United States Department of Agriculture has requested public comment on what steps the agency could take to mitigate climate change in agriculture and forestry. The agency is accepting comments until April 29, 2021.
The United States Department of Agriculture has requested public comment on what steps the agency could take to mitigate climate change in agriculture and forestry. The agency is accepting comments until April 29, 2021.
NMFS Seeks Comments on Southern Oregon and Northern California Coastal Spring-Run Chinook Salmon
The National Marine Fisheries Service has announced that it has found there is substantial scientific and commercial information indicating that listing the Southern Oregon and Northern California Coastal spring-run Chinook salmon under the Endangered Species Act may be warranted and is seeking comments to conduct a status review. The agency is accepting comments until May 17, 2021.
The National Marine Fisheries Service has announced that it has found there is substantial scientific and commercial information indicating that listing the Southern Oregon and Northern California Coastal spring-run Chinook salmon under the Endangered Species Act may be warranted and is seeking comments to conduct a status review. The agency is accepting comments until May 17, 2021.
EPA Announces Meeting of White House Environmental Justice Advisory Committee
The Environmental Protection Agency has announced that the White House Environmental Justice Advisory Committee will meet on March 30, 2021 to address “current and historic environmental injustices.”
The Environmental Protection Agency has announced that the White House Environmental Justice Advisory Committee will meet on March 30, 2021 to address “current and historic environmental injustices.”
International Updates
Animal Justice Challenges Ontario Ag Gag Law
Animal Justice has sued the Ontario government over the ag gag law it passed last year. This is the first challenge of its kind in Canada.
Animal Justice has sued the Ontario government over the ag gag law it passed last year. This is the first challenge of its kind in Canada.
Academic Updates
Articles
Exploration of Meat Eating Motivations
An upcoming article in Appetite by Christopher J. Hopwood, Jared Piazza, Sophia Chen, and Wiebke Bleidorn outlines a tool for studying the psychological variation of motivations to eat meat.
An upcoming article in Appetite by Christopher J. Hopwood, Jared Piazza, Sophia Chen, and Wiebke Bleidorn outlines a tool for studying the psychological variation of motivations to eat meat.
Animal Law Commentaries in Harvard Law Review Forum
The Harvard Law Review has published three commentaries on Animal Law in its online Forum. The HLR Forum is the companion to the print journal, hosting scholarly discussion of HLR print content and timely reactions to recent developments in the law. The three commentaries are:
- Justin Marceau, Palliative Animal Law: The War on Animal Cruelty, 134 Harv. L. Rev. F. 250 (2021);
- Jessica Rubin, Desmond’s Law: Early Impressions of Connecticut’s Court Advocate Program for Animal Cruelty Cases, 134 Harv. L. Rev. F. 263 (2021); and
- Kristen Stilt, Rights of Nature, Rights of Animals, 134 Harv. L. Rev. F. 276 (2021).
The Harvard Law Review has published three commentaries on Animal Law in its online Forum. The HLR Forum is the companion to the print journal, hosting scholarly discussion of HLR print content and timely reactions to recent developments in the law. The three commentaries are:
- Justin Marceau, Palliative Animal Law: The War on Animal Cruelty, 134 Harv. L. Rev. F. 250 (2021);
- Jessica Rubin, Desmond’s Law: Early Impressions of Connecticut’s Court Advocate Program for Animal Cruelty Cases, 134 Harv. L. Rev. F. 263 (2021); and
- Kristen Stilt, Rights of Nature, Rights of Animals, 134 Harv. L. Rev. F. 276 (2021).