The Supreme Court declined to take up an appeal by the North American Meat Institute challenging California’s Proposition 12 ballot initiative which bans the use of intensive confinement methods for egg-laying hens, pregnant pigs, and calves raised for veal, as well as the sale of products sourced from such confined animals. The decision lets a Ninth Circuit Court of Appeals ruling upholding the measure stand.
Issue 93
This Week's Spotlights
Case Law Updates - Federal Case Law Updates
Supreme Court Will Not Review California’s Prop 12
Judge Denies Motion to Dismiss Lawsuits Challenging USDA’s Failure to Protect Pigs
A federal judge has denied a motion to dismiss lawsuits by multiple animal protection organizations challenging: 1) the USDA’s decision to deregulate pig slaughterhouses by allowing them to operate at unlimited slaughter line speeds and by reducing the number of federal inspectors overseeing the slaughter process; and 2) the USDA’s decision to deny protections to “downed” pigs.
A federal judge has denied a motion to dismiss lawsuits by multiple animal protection organizations challenging: 1) the USDA’s decision to deregulate pig slaughterhouses by allowing them to operate at unlimited slaughter line speeds and by reducing the number of federal inspectors overseeing the slaughter process; and 2) the USDA’s decision to deny protections to “downed” pigs.
Judge Denies Motion to Dismiss Lawsuit Challenging Aquaculture Sustainability Claims
A judge has denied several motions to dismiss a lawsuit by Animal Outlook challenging Cooke Aquaculture’s claims that their salmon products are “sustainably farmed.” The defendants comprise “one of North America’s largest producers of fish products.”
A judge has denied several motions to dismiss a lawsuit by Animal Outlook challenging Cooke Aquaculture’s claims that their salmon products are “sustainably farmed.” The defendants comprise “one of North America’s largest producers of fish products.”
Suit Challenging Canada Goose Fur Claims to go Forward
A federal judge has ruled that Canada Goose must face claims from a proposed class of consumers that its advertised commitment to “ethical, responsible and sustainable sourcing” is misleading because the company actually obtains coyote fur from inhumane sources such as strangulation snares and leghold traps. The court did, however, dismiss the claim for injunctive relief stating the plaintiff was unlikely to purchase additional Canada Goose products after learning how the fur actually is sourced and therefore “lacks standing to seek injunctive relief because he does not allege any injury that is ‘actual and imminent, not conjectural or hypothetical.’”
A federal judge has ruled that Canada Goose must face claims from a proposed class of consumers that its advertised commitment to “ethical, responsible and sustainable sourcing” is misleading because the company actually obtains coyote fur from inhumane sources such as strangulation snares and leghold traps. The court did, however, dismiss the claim for injunctive relief stating the plaintiff was unlikely to purchase additional Canada Goose products after learning how the fur actually is sourced and therefore “lacks standing to seek injunctive relief because he does not allege any injury that is ‘actual and imminent, not conjectural or hypothetical.’”
Case Law Updates - State Case Law Updates
Washington Court Says State Dairy Operation Water Permits Insufficient
In a suit filed by a coalition of environmental and food safety organizations, a Washington state appeals court has found that waste discharge permits for dairy farms in the state are insufficient under both the Clean Water Act and the state’s Water Pollution Control Act. The court held that while current permit conditions meet some requirements, they do not adequately address manure lagoons.
In a suit filed by a coalition of environmental and food safety organizations, a Washington state appeals court has found that waste discharge permits for dairy farms in the state are insufficient under both the Clean Water Act and the state’s Water Pollution Control Act. The court held that while current permit conditions meet some requirements, they do not adequately address manure lagoons.
Agency Updates
APHIS Announces Intent to Reestablish National Wildlife Services Advisory Committee
The Animal and Plant Health Inspection Service has announced it intends to reestablish the National Wildlife Services Advisory Committee. The agency stated that “[t]he purpose of the National Wildlife Services Advisory Committee (the Committee) is to advise the Secretary of Agriculture on policies, program issues, and research needed to conduct the Wildlife Services program. The Committee also serves as a public forum enabling those affected by the Wildlife Services program to have a voice in the program’s policies.”
The Animal and Plant Health Inspection Service has announced it intends to reestablish the National Wildlife Services Advisory Committee. The agency stated that “[t]he purpose of the National Wildlife Services Advisory Committee (the Committee) is to advise the Secretary of Agriculture on policies, program issues, and research needed to conduct the Wildlife Services program. The Committee also serves as a public forum enabling those affected by the Wildlife Services program to have a voice in the program’s policies.”
Case Law Updates
Federal Case Law Updates
Supreme Court Will Not Review California’s Prop 12
The Supreme Court declined to take up an appeal by the North American Meat Institute challenging California’s Proposition 12 ballot initiative which bans the use of intensive confinement methods for egg-laying hens, pregnant pigs, and calves raised for veal, as well as the sale of products sourced from such confined animals. The decision lets a Ninth Circuit Court of Appeals ruling upholding the measure stand.
The Supreme Court declined to take up an appeal by the North American Meat Institute challenging California’s Proposition 12 ballot initiative which bans the use of intensive confinement methods for egg-laying hens, pregnant pigs, and calves raised for veal, as well as the sale of products sourced from such confined animals. The decision lets a Ninth Circuit Court of Appeals ruling upholding the measure stand.
Judge Denies Motion to Dismiss Lawsuits Challenging USDA’s Failure to Protect Pigs
A federal judge has denied a motion to dismiss lawsuits by multiple animal protection organizations challenging: 1) the USDA’s decision to deregulate pig slaughterhouses by allowing them to operate at unlimited slaughter line speeds and by reducing the number of federal inspectors overseeing the slaughter process; and 2) the USDA’s decision to deny protections to “downed” pigs.
A federal judge has denied a motion to dismiss lawsuits by multiple animal protection organizations challenging: 1) the USDA’s decision to deregulate pig slaughterhouses by allowing them to operate at unlimited slaughter line speeds and by reducing the number of federal inspectors overseeing the slaughter process; and 2) the USDA’s decision to deny protections to “downed” pigs.
Judge Denies Motion to Dismiss Lawsuit Challenging Aquaculture Sustainability Claims
A judge has denied several motions to dismiss a lawsuit by Animal Outlook challenging Cooke Aquaculture’s claims that their salmon products are “sustainably farmed.” The defendants comprise “one of North America’s largest producers of fish products.”
A judge has denied several motions to dismiss a lawsuit by Animal Outlook challenging Cooke Aquaculture’s claims that their salmon products are “sustainably farmed.” The defendants comprise “one of North America’s largest producers of fish products.”
Suit Challenging Canada Goose Fur Claims to go Forward
A federal judge has ruled that Canada Goose must face claims from a proposed class of consumers that its advertised commitment to “ethical, responsible and sustainable sourcing” is misleading because the company actually obtains coyote fur from inhumane sources such as strangulation snares and leghold traps. The court did, however, dismiss the claim for injunctive relief stating the plaintiff was unlikely to purchase additional Canada Goose products after learning how the fur actually is sourced and therefore “lacks standing to seek injunctive relief because he does not allege any injury that is ‘actual and imminent, not conjectural or hypothetical.’”
A federal judge has ruled that Canada Goose must face claims from a proposed class of consumers that its advertised commitment to “ethical, responsible and sustainable sourcing” is misleading because the company actually obtains coyote fur from inhumane sources such as strangulation snares and leghold traps. The court did, however, dismiss the claim for injunctive relief stating the plaintiff was unlikely to purchase additional Canada Goose products after learning how the fur actually is sourced and therefore “lacks standing to seek injunctive relief because he does not allege any injury that is ‘actual and imminent, not conjectural or hypothetical.’”
Groups Challenge FWS’ Decision to Not List Eastern Hellbender Under Endangered Species Act
Center for Biological Diversity, Waterkeeper Alliance, Waterkeepers Chesapeake, Lower Susquehanna Riverkeeper Association, and Middle Susquehanna Riverkeeper Association have filed suit against the Fish and Wildlife Service challenging the agency’s decision that the eastern hellbender does not warrant listing as a threatened or endangered species under the Endangered Species Act.
Center for Biological Diversity, Waterkeeper Alliance, Waterkeepers Chesapeake, Lower Susquehanna Riverkeeper Association, and Middle Susquehanna Riverkeeper Association have filed suit against the Fish and Wildlife Service challenging the agency’s decision that the eastern hellbender does not warrant listing as a threatened or endangered species under the Endangered Species Act.
State Case Law Updates
Washington Court Says State Dairy Operation Water Permits Insufficient
In a suit filed by a coalition of environmental and food safety organizations, a Washington state appeals court has found that waste discharge permits for dairy farms in the state are insufficient under both the Clean Water Act and the state’s Water Pollution Control Act. The court held that while current permit conditions meet some requirements, they do not adequately address manure lagoons.
In a suit filed by a coalition of environmental and food safety organizations, a Washington state appeals court has found that waste discharge permits for dairy farms in the state are insufficient under both the Clean Water Act and the state’s Water Pollution Control Act. The court held that while current permit conditions meet some requirements, they do not adequately address manure lagoons.
Agency Updates
NMFS Finds Listing Pacific Harbor Seals in Iliamna Lake Under Endangered Species Act Not Warranted
The National Marine Fisheries Service has announced it has found that it is not warranted to list the Pacific harbor seals in Iliamna Lake as threatened or endangered under the Endangered Species Act. The 90-day finding was in response to a petition by the Center for Biological Diversity.
The National Marine Fisheries Service has announced it has found that it is not warranted to list the Pacific harbor seals in Iliamna Lake as threatened or endangered under the Endangered Species Act. The 90-day finding was in response to a petition by the Center for Biological Diversity.
NMFS and FWS Announce 5-Year Review of Kemp’s Ridley Sea Turtle
The National Marine Fisheries Service and Fish and Wildlife Service have announced they are initiating a 5-year revie of the Kemp’s ridley sea turtle under the Endangered Species Act. The agencies are accepting information to assist in their review until August 30, 2021.
The National Marine Fisheries Service and Fish and Wildlife Service have announced they are initiating a 5-year revie of the Kemp’s ridley sea turtle under the Endangered Species Act. The agencies are accepting information to assist in their review until August 30, 2021.
FWS Establishes Critical Habitat for Suwannee Moccasinshell
The Fish and Wildlife Service has announced its final rule establishing approximately 190 miles of stream channels in Florida and Georgia as critical habitat for the Suwannee moccasinshell under the Endangered Species Act. The rule is effective August 2, 2021.
The Fish and Wildlife Service has announced its final rule establishing approximately 190 miles of stream channels in Florida and Georgia as critical habitat for the Suwannee moccasinshell under the Endangered Species Act. The rule is effective August 2, 2021.
APHIS Announces Intent to Reestablish National Wildlife Services Advisory Committee
The Animal and Plant Health Inspection Service has announced it intends to reestablish the National Wildlife Services Advisory Committee. The agency stated that “[t]he purpose of the National Wildlife Services Advisory Committee (the Committee) is to advise the Secretary of Agriculture on policies, program issues, and research needed to conduct the Wildlife Services program. The Committee also serves as a public forum enabling those affected by the Wildlife Services program to have a voice in the program’s policies.”
The Animal and Plant Health Inspection Service has announced it intends to reestablish the National Wildlife Services Advisory Committee. The agency stated that “[t]he purpose of the National Wildlife Services Advisory Committee (the Committee) is to advise the Secretary of Agriculture on policies, program issues, and research needed to conduct the Wildlife Services program. The Committee also serves as a public forum enabling those affected by the Wildlife Services program to have a voice in the program’s policies.”