House Resolution 7197, the “Armed Forces Endangered Species Exemption Act,” would prohibit the U.S. Fish & Wildlife Service from designating critical habitat for imperiled species on “any military installation” and would exempt the military from restrictions on harming and harassing endangered species without a permit. The bill was introduced by Reps. Andy Biggs, Louie Gohmert, Paul Gosar, and Chip Roy, and has been referred to the House Committee on Natural Resources.
This Week's Spotlights
Legislative Updates - Pending Federal Actions
Bill Would Broadly Exempt All Military Activities from Endangered Species Act Prohibitions and Permit Requirements
Case Law Updates - Federal Case Law Updates
Animal Testing Oversight Committee Files Class Action to Stop Disclosure of Public Records
The Chair of the Institutional Animal Care and Use Committee (IACUC) at University of Washington (UW) and seventy-four current or previous UW IACUC members filed a class action lawsuit against the University of Washington to enjoin the university from responding to PETA’s public records request for information about IACUC appointments without first redacting all names and identifying information about IACUC appointees. The IACUC, which typically includes those engaged in animal experimentation, is meant to monitor the use of animals used for experiments, and plaintiffs argue that disclosure of the records without redaction of all identifying information would infringe upon their constitutional right to freedom of association. Plaintiffs are seeking certification of the class, as well as declaratory and injunctive relief.
The Chair of the Institutional Animal Care and Use Committee (IACUC) at University of Washington (UW) and seventy-four current or previous UW IACUC members filed a class action lawsuit against the University of Washington to enjoin the university from responding to PETA’s public records request for information about IACUC appointments without first redacting all names and identifying information about IACUC appointees. The IACUC, which typically includes those engaged in animal experimentation, is meant to monitor the use of animals used for experiments, and plaintiffs argue that disclosure of the records without redaction of all identifying information would infringe upon their constitutional right to freedom of association. Plaintiffs are seeking certification of the class, as well as declaratory and injunctive relief.
Groups Sue Over USDA Secret Inspection Policy for Animal Laboratories
Harvard Law School’s Animal Law & Policy Clinic, representing Rise for Animals and the Animal Legal Defense Fund, filed a lawsuit challenging a secret policy of the United States Department of Agriculture (USDA) that evades its statutory obligation to conduct annual full inspections of research facilities that use animals under the Animal Welfare Act.
Harvard Law School’s Animal Law & Policy Clinic, representing Rise for Animals and the Animal Legal Defense Fund, filed a lawsuit challenging a secret policy of the United States Department of Agriculture (USDA) that evades its statutory obligation to conduct annual full inspections of research facilities that use animals under the Animal Welfare Act.
Agency Updates
National Marine Fisheries Service Announces New Catch Limits for Dolphin and Wahoo
The National Marine Fisheries Service announced promulgation of new regulations that revise annual catch limits, commercial trip limits, authorized fishing gear, and recreational vessel limits relating to dolphin and wahoo. While the rule decreases the dolphin recreational vessel limit for charter vessels and private recreational vessels, the “dolphin individual recreational bag limit of 10 fish per person in the Atlantic [Exclusive Economic Zone] remains unchanged.” The new regulations are effective May 2, 2022.
The National Marine Fisheries Service announced promulgation of new regulations that revise annual catch limits, commercial trip limits, authorized fishing gear, and recreational vessel limits relating to dolphin and wahoo. While the rule decreases the dolphin recreational vessel limit for charter vessels and private recreational vessels, the “dolphin individual recreational bag limit of 10 fish per person in the Atlantic [Exclusive Economic Zone] remains unchanged.” The new regulations are effective May 2, 2022.
Legislative Updates
Pending Federal Actions
Bill Would Broadly Exempt All Military Activities from Endangered Species Act Prohibitions and Permit Requirements
House Resolution 7197, the “Armed Forces Endangered Species Exemption Act,” would prohibit the U.S. Fish & Wildlife Service from designating critical habitat for imperiled species on “any military installation” and would exempt the military from restrictions on harming and harassing endangered species without a permit. The bill was introduced by Reps. Andy Biggs, Louie Gohmert, Paul Gosar, and Chip Roy, and has been referred to the House Committee on Natural Resources.
House Resolution 7197, the “Armed Forces Endangered Species Exemption Act,” would prohibit the U.S. Fish & Wildlife Service from designating critical habitat for imperiled species on “any military installation” and would exempt the military from restrictions on harming and harassing endangered species without a permit. The bill was introduced by Reps. Andy Biggs, Louie Gohmert, Paul Gosar, and Chip Roy, and has been referred to the House Committee on Natural Resources.
Pending State Actions
Rhode Island Bill Would Ban the Sale of Cosmetics Tested on Animals
Rhode Island S.B. 2798 would ban the sale of cosmetics that are developed or manufactured using animal experiments. The bill has been referred to the Senate Judiciary Committee.
Rhode Island S.B. 2798 would ban the sale of cosmetics that are developed or manufactured using animal experiments. The bill has been referred to the Senate Judiciary Committee.
Rhode Island Bill Would Establish Quarantine and Testing Procedures for Sick Animals
Rhode Island S.B. 2751 would establish quarantine and testing protocols for animals suspected of carrying a “contagious, infectious, zoonotic, or communicable disease.” The bill has been referred to the Senate Committee on Environment and Agriculture.
Rhode Island S.B. 2751 would establish quarantine and testing protocols for animals suspected of carrying a “contagious, infectious, zoonotic, or communicable disease.” The bill has been referred to the Senate Committee on Environment and Agriculture.
Massachusetts Bill Would Create a Fund to Manage Invasive Species
Massachusetts House Bill 4595 would establish the “Invasive Species Trust Fund” to develop and implement a “statewide strategic management plan for invasive species.” The bill has been referred to the House Committee on Ways and Means.
Massachusetts House Bill 4595 would establish the “Invasive Species Trust Fund” to develop and implement a “statewide strategic management plan for invasive species.” The bill has been referred to the House Committee on Ways and Means.
New York Bill Would Create Licensing Requirements for Pet Groomers
New York Assembly Bill 9663 would require licensing for pet grooming facilities and establish requirements for standards of care and record-keeping. The bill has been referred to the Assembly Committee on Economic Development.
New York Assembly Bill 9663 would require licensing for pet grooming facilities and establish requirements for standards of care and record-keeping. The bill has been referred to the Assembly Committee on Economic Development.
Minnesota Bill Would Make Dog Bordetella Vaccine Available Without Veterinary Prescription
Minnesota House File 4672 would make the Bordetella vaccine available over the counter. The vaccine is routinely administered to dogs who spend time in boarding or day-care facilities to prevent Bordetella, commonly referred to as “kennel cough.” The bill has been referred to the House Committee on Agriculture Finance and Policy.
Minnesota House File 4672 would make the Bordetella vaccine available over the counter. The vaccine is routinely administered to dogs who spend time in boarding or day-care facilities to prevent Bordetella, commonly referred to as “kennel cough.” The bill has been referred to the House Committee on Agriculture Finance and Policy.
Case Law Updates
Federal Case Law Updates
Animal Testing Oversight Committee Files Class Action to Stop Disclosure of Public Records
The Chair of the Institutional Animal Care and Use Committee (IACUC) at University of Washington (UW) and seventy-four current or previous UW IACUC members filed a class action lawsuit against the University of Washington to enjoin the university from responding to PETA’s public records request for information about IACUC appointments without first redacting all names and identifying information about IACUC appointees. The IACUC, which typically includes those engaged in animal experimentation, is meant to monitor the use of animals used for experiments, and plaintiffs argue that disclosure of the records without redaction of all identifying information would infringe upon their constitutional right to freedom of association. Plaintiffs are seeking certification of the class, as well as declaratory and injunctive relief.
The Chair of the Institutional Animal Care and Use Committee (IACUC) at University of Washington (UW) and seventy-four current or previous UW IACUC members filed a class action lawsuit against the University of Washington to enjoin the university from responding to PETA’s public records request for information about IACUC appointments without first redacting all names and identifying information about IACUC appointees. The IACUC, which typically includes those engaged in animal experimentation, is meant to monitor the use of animals used for experiments, and plaintiffs argue that disclosure of the records without redaction of all identifying information would infringe upon their constitutional right to freedom of association. Plaintiffs are seeking certification of the class, as well as declaratory and injunctive relief.
Federal Judge Denies NMFS’ Motion to Dismiss in Suit Challenging Maine Dams’ Impact on Endangered Species
A federal judge has denied the National Marine Fisheries Service’s (NMFS) request to dismiss a lawsuit brought by four environmental groups claiming that four hydropower dams in Maine threaten at-risk salmon species and were not properly authorized under the Endangered Species Act. The suit was filed by Plaintiffs Atlantic Salmon Federation U.S., Conservation Law Foundation, Maine Rivers, and the Natural Resources Council of Maine.
A federal judge has denied the National Marine Fisheries Service’s (NMFS) request to dismiss a lawsuit brought by four environmental groups claiming that four hydropower dams in Maine threaten at-risk salmon species and were not properly authorized under the Endangered Species Act. The suit was filed by Plaintiffs Atlantic Salmon Federation U.S., Conservation Law Foundation, Maine Rivers, and the Natural Resources Council of Maine.
Environmental Protection Group Threatens to Sue to Protect Imperiled Tiger Salamanders
The Center for Biological Diversity (CBD) sent official notice of its intent to sue the Santa Maria Airport District (“District”) under the citizen suit provision of the Endangered Species Act. CBD alleges that the District has illegally destroyed critical habitat for the federally-protected California tiger salamander. The sixty-day notice letter is a required first step prior to initiation of an ESA citizen suit.
The Center for Biological Diversity (CBD) sent official notice of its intent to sue the Santa Maria Airport District (“District”) under the citizen suit provision of the Endangered Species Act. CBD alleges that the District has illegally destroyed critical habitat for the federally-protected California tiger salamander. The sixty-day notice letter is a required first step prior to initiation of an ESA citizen suit.
Groups Sue Over USDA Secret Inspection Policy for Animal Laboratories
Harvard Law School’s Animal Law & Policy Clinic, representing Rise for Animals and the Animal Legal Defense Fund, filed a lawsuit challenging a secret policy of the United States Department of Agriculture (USDA) that evades its statutory obligation to conduct annual full inspections of research facilities that use animals under the Animal Welfare Act.
Harvard Law School’s Animal Law & Policy Clinic, representing Rise for Animals and the Animal Legal Defense Fund, filed a lawsuit challenging a secret policy of the United States Department of Agriculture (USDA) that evades its statutory obligation to conduct annual full inspections of research facilities that use animals under the Animal Welfare Act.
Agency Updates
FDA Announces New Regulations for Animal Drugs
The Food & Drug Administration (FDA) announced that it is amending the animal drug regulations to improve the accuracy of the regulations and to reflect actions taken on new animal drug applications that impact drugs for dogs, cats, cattle, pigs, chickens, and turkeys.
The Food & Drug Administration (FDA) announced that it is amending the animal drug regulations to improve the accuracy of the regulations and to reflect actions taken on new animal drug applications that impact drugs for dogs, cats, cattle, pigs, chickens, and turkeys.
National Marine Fisheries Service Announces Five-Year Review of Endangered Whales
The National Marine Fisheries Service (NMFS) announced its intent to conduct a five-year review of the status of the endangered North Pacific right whale, as required by the Endangered Species Act. NMFS invites submission of public comments based on the best available scientific information and data relating to the species through May 31, 2022.
The National Marine Fisheries Service (NMFS) announced its intent to conduct a five-year review of the status of the endangered North Pacific right whale, as required by the Endangered Species Act. NMFS invites submission of public comments based on the best available scientific information and data relating to the species through May 31, 2022.
National Marine Fisheries Services Announces Extended Recreational Fishing Season for Black Sea Bass
The National Marine Fisheries Service announced the extension of the recreational fishing season for black sea bass in the South Atlantic exclusive economic zone to help fishers “maximize their opportunity to harvest.”
The National Marine Fisheries Service announced the extension of the recreational fishing season for black sea bass in the South Atlantic exclusive economic zone to help fishers “maximize their opportunity to harvest.”
National Marine Fisheries Services Announces Upcoming Closure of Recreational Fishing Season for Blueline Tilefish to Prevent Overfishing
The National Marine Fisheries Service announced that it is closing the recreational sector for fishing blueline tilefish in the South Atlantic exclusive economic zone to prevent projected overfishing beyond the annual catch limit. The closure is effective July 26, 2022, through May 1, 2023.
The National Marine Fisheries Service announced that it is closing the recreational sector for fishing blueline tilefish in the South Atlantic exclusive economic zone to prevent projected overfishing beyond the annual catch limit. The closure is effective July 26, 2022, through May 1, 2023.
National Marine Fisheries Service Finally Designates Critical Habitat for Imperiled Seals
The National Marine Fisheries Service announced a critical habitat designation in the Bering, Chuchki, and Beaufort seas for the Arctic subspecies of the ringed seal and the Beringia distinct population segment of Pacific bearded seals, which have been listed as threatened under the Endangered Species Act since 2012. The designations are effective May 1, 2022, and are the result of a lawsuit filed by Center for Biological Diversity in 2019 which challenged the agency’s failure to designate critical habitat for imperiled ice seals.
The National Marine Fisheries Service announced a critical habitat designation in the Bering, Chuchki, and Beaufort seas for the Arctic subspecies of the ringed seal and the Beringia distinct population segment of Pacific bearded seals, which have been listed as threatened under the Endangered Species Act since 2012. The designations are effective May 1, 2022, and are the result of a lawsuit filed by Center for Biological Diversity in 2019 which challenged the agency’s failure to designate critical habitat for imperiled ice seals.
National Marine Fisheries Service Announces New Catch Limits for Dolphin and Wahoo
The National Marine Fisheries Service announced promulgation of new regulations that revise annual catch limits, commercial trip limits, authorized fishing gear, and recreational vessel limits relating to dolphin and wahoo. While the rule decreases the dolphin recreational vessel limit for charter vessels and private recreational vessels, the “dolphin individual recreational bag limit of 10 fish per person in the Atlantic [Exclusive Economic Zone] remains unchanged.” The new regulations are effective May 2, 2022.
The National Marine Fisheries Service announced promulgation of new regulations that revise annual catch limits, commercial trip limits, authorized fishing gear, and recreational vessel limits relating to dolphin and wahoo. While the rule decreases the dolphin recreational vessel limit for charter vessels and private recreational vessels, the “dolphin individual recreational bag limit of 10 fish per person in the Atlantic [Exclusive Economic Zone] remains unchanged.” The new regulations are effective May 2, 2022.
U.S. Fish & Wildlife Service Reopens Comment Period for Sturgeon Listing Proposal
The U.S. Fish & Wildlife Service (FWS) announced that it is reopening the public comment period on its August 25, 2021, proposal to list the Amur sturgeon, a species found in the Amur river basin in Russia and China, as endangered under the federal Endangered Species Act. FWS will accept additional comments through May 4, 2022.
The U.S. Fish & Wildlife Service (FWS) announced that it is reopening the public comment period on its August 25, 2021, proposal to list the Amur sturgeon, a species found in the Amur river basin in Russia and China, as endangered under the federal Endangered Species Act. FWS will accept additional comments through May 4, 2022.
Farm Service Agency Announces Assistance for Farmers Impacted by Drought and Wildfire
The U.S. Department of Agriculture’s Farm Service Agency announced the availability of funds under the Emergency Livestock Relief Program for farmers impacted by drought and wildfires in 2021. Information relating to eligibility is included in the announcement.
The U.S. Department of Agriculture’s Farm Service Agency announced the availability of funds under the Emergency Livestock Relief Program for farmers impacted by drought and wildfires in 2021. Information relating to eligibility is included in the announcement.