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Brooks Animal Law Digest

US Edition: Issue 87

  BACK TO US DIGEST INDEX

This Week's Spotlights

Case Law Updates - Federal Case Law Updates

May 18, 2021
Ninth Circuit Overturns State Notice ESA Rule

The Ninth Circuit has ruled that the Fish and Wildlife Service violated the Endangered Species Act by implementing a rule that “unreasonably” required parties to provide affected states with a 30-day notice of intent to file a petition to list an endangered species. The panel reversed the district court’s summary judgment entered in favor of FWS and remanded to enter judgment in favor of plaintiffs, Friends of Animals.

Academic Updates - Articles

May 21, 2021
Critique of Animals as Plaintiffs

A new article in the Washington University Law Review by Richard L. Cupp Jr. argues lawsuits “seeking to place animals in the role of plaintiffs” are a “societally harmful” attempt to protect animals that “could be a back door to breaking down legal barriers between humans and animals.”

Case Law Updates

Federal Case Law Updates

May 17, 2021
CBD Threatens ESA Lawsuit Challenging Navy Failure to Consult

The Center for Biological Diversity has notified the National Marine Fisheries Service and the U.S. Navy that it intends to file suit under the Endangered Species Act unless the agencies consult on the impact of the Navy’s activities on endangered species in the Hawaii-Southern California Training and Testing (HSTT) Study Area.

May 17, 2021
Center for Food Safety Seeks Records Related to Genetically Engineered Animals

The Center for Food Safety has filed suit against the Food and Drug Administration under the Freedom of Information Act seeking records related to “FDA’s regulatory oversight of gene-edited animals” and “communications between FDA and United States Department of Agriculture (USDA) concerning the potential transfer of regulatory power from FDA to USDA for gene-edited animals.”

May 17, 2021
Center for Food Safety Seeks Shellfish Farming Records

The Center for Food Safety has filed suit against the United States Army Corps of Engineers under the Freedom of Information Act seeking records related to the agency’s “regulation of commercial shellfish operations in accordance with its obligations under the Clean Water Act . . . and the Endangered Species Act.”

May 18, 2021
Ninth Circuit Overturns State Notice ESA Rule

The Ninth Circuit has ruled that the Fish and Wildlife Service violated the Endangered Species Act by implementing a rule that “unreasonably” required parties to provide affected states with a 30-day notice of intent to file a petition to list an endangered species. The panel reversed the district court’s summary judgment entered in favor of FWS and remanded to enter judgment in favor of plaintiffs, Friends of Animals.

Agency Updates

May 20, 2021
FWS Initiates Five-Year Review of 27 Species

The Fish and Wildlife Service has announced it is initiating a five-year review of 27 animal species in California and Nevada under the Endangered Species Act. The agency is requesting receipt of new information relevant to its reviews by July 19, 2021.

Academic Updates

Articles

May 21, 2021
Critique of Animals as Plaintiffs

A new article in the Washington University Law Review by Richard L. Cupp Jr. argues lawsuits “seeking to place animals in the role of plaintiffs” are a “societally harmful” attempt to protect animals that “could be a back door to breaking down legal barriers between humans and animals.”

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