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Brooks Animal Law Digest

US Edition: Issue 12

  BACK TO US DIGEST INDEX

Legislative Updates

Pending Federal Actions

December 5, 2019
Act Would Limit Animal Testing for Cosmetics

The latest version of the Humane Cosmetics Act, introduced in November in the House by Democrat Don Beyer and in the Senate by Republican Martha McSally, has been referred to the relevant committees (Committee on Energy and Commerce in the House and Committee on Health, Education, Labor, and Pensions in the Senate). The bill proposes to ban conducting or contracting for cosmetic animal testing in the United States and selling or transporting cosmetics developed or manufactured using such conduct or contract.

Case Law Updates

Federal Case Law Updates

December 2, 2019
Preliminary Injunction Issued Against Iowa’s Second Ag-Gag Law

A federal judge in Iowa has issued a preliminary injunction against the state that prevents the enforcement of its latest ag gag law. The court also denied the Iowa’s request to dismiss the suit and stated that the animal protection plaintiffs (including the Animal Legal Defense Fund, PETA, and the Center for Food Safety) are likely to ultimately prevail in their case.

December 3, 2019
Ex Bumble Bee Tuna CEO Found Guilty of Price Fixing

Chris Lischewski, the former CEO of tuna company Bumble Bee Foods, was found guilty of price fixing and conspiring with Starkist and Chicken of the Sea to fix prices.

December 4, 2019
Dairy Producers Pay $220 Million Settlement in Price Fixing Suit

The National Milk Producers Foundation has agreed to make payments totaling $220 million to its consumers to avoid a case set to go to trial in October. The case centered around class action claims accusing the organization of fixing dairy prices through a program to slaughter dairy cows.

December 4, 2019
CBD Plans to Sue Minnesota Over Endangered Lynx Trapping

The Center for Biological Diversity has filed the required 60 day notice to bring an Endangered Species Act lawsuit against the state of Minnesota for failing to comply with a 2008 court order that was meant to prevent incidental trapping of endangered Canada lynx.

December 5, 2019
Pork Producers Sue to Stop California Proposition 12

The National Pork Producers Council and the American Farm Bureau Federation have filed suit in California, alleging that the state’s newest measure to restrict intensive confinement in animal agriculture, Proposition 12, is an impermissible burden on interstate commerce.

Agency Updates

December 5, 2019
NMFS Declines to Designate Critical Habitat for Giant Manta Ray

The National Marine Fisheries Service has announced that it has determined it will not designate critical habitat for the conservation of the giant manta ray. It reached this decision based on the finding that there are not any “identifiable physical or biological features” under U.S. jurisdiction that are key to the conservation of the species.

December 5, 2019
EPA Reauthorizes Use of Cyanide Bombs by Wildlife Services

The Environmental Protection Agency announced a revised interim decision regarding the use of cyanide bombs to kill wildlife. The authorization will allow Wildlife Services to use sodium cyanide in M-44 devices. This decision follows a retraction of the EPA’s prior authorization for the use of such devices in August.

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