The U.S. Fish & Wildlife Service filed a notice of appeal to the Ninth Circuit Court of Appeals, challenging a lower federal court’s restoration of Endangered Species Act protections for gray wolves in most of the continental United States. FWS is siding with hunting groups and the State of Utah in seeking to overturn the restored protections.
This Week's Spotlights
Case Law Updates
Biden Administration Sides with Hunting Groups in Seeking to Overturn Restored Protections for Gray Wolves
Agency Updates
United States Will Not Seek Greater Protection for Big Cats, Elephants, Giraffes, or Polar Bears at Upcoming International Wildlife Treaty Meeting without Further Public Input
The U.S. Fish & Wildlife Service (FWS) announced the species for which it is considering submitting proposals at the upcoming Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES) Conference of the Parties when the parties meet in Panama City, Panama in November 2022. FWS also announced that it will not be making any suggestions relating to big cats, hippopotami, giraffes, African elephants, polar bears, walruses, sea otters, big horn sheep, hooded seals, or Malayan porcupines unless it receives significant additional public input. FWS is accepting public comments on its proposed inclusions and exclusions through May 26, 2022.
The U.S. Fish & Wildlife Service (FWS) announced the species for which it is considering submitting proposals at the upcoming Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES) Conference of the Parties when the parties meet in Panama City, Panama in November 2022. FWS also announced that it will not be making any suggestions relating to big cats, hippopotami, giraffes, African elephants, polar bears, walruses, sea otters, big horn sheep, hooded seals, or Malayan porcupines unless it receives significant additional public input. FWS is accepting public comments on its proposed inclusions and exclusions through May 26, 2022.
Legislative Updates
Pending State Actions
New York Bill Would Require Domestic Violence Investigations in Conjunction with Animal Cruelty Cases
New York Assembly Bill 10013, “Bella’s Law,” would create a duty to investigate possible domestic violence in connection with certain allegations or cases involving cruelty to animals. The bill has been referred to the Assembly Committee on Children and Families.
New York Assembly Bill 10013, “Bella’s Law,” would create a duty to investigate possible domestic violence in connection with certain allegations or cases involving cruelty to animals. The bill has been referred to the Assembly Committee on Children and Families.
New York Bill Would Provide Free Hunting Licenses for Disabled First Responders Who Participated in World Trade Center Rescue and Cleanup
New York Assembly Bill 10006 would provide free hunting, fishing, and trapping licenses to individuals who participated in the World Trade Center rescue and cleanup and who suffered a permanent disability. The bill has been referred to the Assembly Committee on Environmental Conservation.
New York Assembly Bill 10006 would provide free hunting, fishing, and trapping licenses to individuals who participated in the World Trade Center rescue and cleanup and who suffered a permanent disability. The bill has been referred to the Assembly Committee on Environmental Conservation.
New York Bill Would Increase Criminal Penalties for Selling Disabled Horses
New York Assembly Bill 10065 would increase the penalties for selling disabled equine animals from a previous maximum fine of $100 to a new minimum fine of $1,000. The bill has been referred to the Assembly Agriculture Committee.
New York Assembly Bill 10065 would increase the penalties for selling disabled equine animals from a previous maximum fine of $100 to a new minimum fine of $1,000. The bill has been referred to the Assembly Agriculture Committee.
Enacted Municipal Actions
Detroit Suburb Extends Moratorium on Private Ownership of Exotic Animals Pending Final Ordinance
The City of Royal Oak, Michigan, has extended an existing moratorium on the private ownership of non-domestic animals. The moratorium will be effective through August 8, 2022, during which time the city hopes to complete drafting a more permanent ordinance. The moratorium and the preparation of an exotic pet ordinance were precipitated by the escape of servals who were being kept as pets in the residential neighborhood that surrounds the Detroit Zoo in October 2021.
The City of Royal Oak, Michigan, has extended an existing moratorium on the private ownership of non-domestic animals. The moratorium will be effective through August 8, 2022, during which time the city hopes to complete drafting a more permanent ordinance. The moratorium and the preparation of an exotic pet ordinance were precipitated by the escape of servals who were being kept as pets in the residential neighborhood that surrounds the Detroit Zoo in October 2021.
Case Law Updates
Federal Case Law Updates
Biden Administration Sides with Hunting Groups in Seeking to Overturn Restored Protections for Gray Wolves
The U.S. Fish & Wildlife Service filed a notice of appeal to the Ninth Circuit Court of Appeals, challenging a lower federal court’s restoration of Endangered Species Act protections for gray wolves in most of the continental United States. FWS is siding with hunting groups and the State of Utah in seeking to overturn the restored protections.
The U.S. Fish & Wildlife Service filed a notice of appeal to the Ninth Circuit Court of Appeals, challenging a lower federal court’s restoration of Endangered Species Act protections for gray wolves in most of the continental United States. FWS is siding with hunting groups and the State of Utah in seeking to overturn the restored protections.
PETA Files Endangered Species Act Citizen Suit against South Carolina Roadside Zoo
People for the Ethical Treatment of Animals and a group of concerned citizens sued the Waccatee Zoo and its owners, alleging that the unaccredited roadside menagerie has violated the federal Endangered Species Act and South Carolina’s public nuisance law by subjecting tigers, lemurs, and hundreds of other animals to abuse and neglect and by illegally selling lemurs and lion parts. The complaint includes photographs of emaciated and injured animals who reportedly were denied veterinary care. Plaintiffs seek declaratory judgment and injunctive relief, including a court order transferring all animals to “reputable facilities or sanctuaries that the Court determines are the most appropriate placement for the forfeited animals, consistent with the animals’ best interests.”
People for the Ethical Treatment of Animals and a group of concerned citizens sued the Waccatee Zoo and its owners, alleging that the unaccredited roadside menagerie has violated the federal Endangered Species Act and South Carolina’s public nuisance law by subjecting tigers, lemurs, and hundreds of other animals to abuse and neglect and by illegally selling lemurs and lion parts. The complaint includes photographs of emaciated and injured animals who reportedly were denied veterinary care. Plaintiffs seek declaratory judgment and injunctive relief, including a court order transferring all animals to “reputable facilities or sanctuaries that the Court determines are the most appropriate placement for the forfeited animals, consistent with the animals’ best interests.”
Coalition Sues to Stop Logging Project in California Condor Habitat
A coalition of environmental, business, and recreational organizations, joined by the county of Ventura and the city of Ojai, filed suit to challenge a commercial logging and vegetation removal project in California’s Los Padres National Forest. The project area, equivalent in size to 575 U.S. football fields, has cultural and historical significance for Indigenous people, is designated critical habitat for the endangered California condor, and is home to other sensitive wildlife. Plaintiffs seek declaratory judgment and injunctive relief.
A coalition of environmental, business, and recreational organizations, joined by the county of Ventura and the city of Ojai, filed suit to challenge a commercial logging and vegetation removal project in California’s Los Padres National Forest. The project area, equivalent in size to 575 U.S. football fields, has cultural and historical significance for Indigenous people, is designated critical habitat for the endangered California condor, and is home to other sensitive wildlife. Plaintiffs seek declaratory judgment and injunctive relief.
Beyond Meat Sued Over “Great Taste Plant-Based” Slogan
A Philadelphia plant-based meat company, Vegadelphia, has filed suit against Beyond Meat and Dunkin’ Donuts alleging that the slogan used to advertise the coffee chain’s (now discontinued) Beyond Meat breakfast sandwich, “Great Taste Plant-Based,” was stolen from their marketing.
A Philadelphia plant-based meat company, Vegadelphia, has filed suit against Beyond Meat and Dunkin’ Donuts alleging that the slogan used to advertise the coffee chain’s (now discontinued) Beyond Meat breakfast sandwich, “Great Taste Plant-Based,” was stolen from their marketing.
Agency Updates
Energy Company Seeks Federal Permit to Harm and Harass Protected Tortoises
The U.S. Fish & Wildlife Service (FWS) is considering an incidental take permit (ITP) application submitted by a solar power company. If issued, the ITP would authorize 8Minute Solar Energy to harm and harass threatened desert tortoises in connection with the construction and maintenance of the Bellfield Solar Energy Project in Kern County, California. FWS is accepting public comments on the ITP application through May 25, 2022.
The U.S. Fish & Wildlife Service (FWS) is considering an incidental take permit (ITP) application submitted by a solar power company. If issued, the ITP would authorize 8Minute Solar Energy to harm and harass threatened desert tortoises in connection with the construction and maintenance of the Bellfield Solar Energy Project in Kern County, California. FWS is accepting public comments on the ITP application through May 25, 2022.
Massachusetts Researcher Seeks Permit to Catch and Release Seals in Antarctica
The National Science Foundation (NSF) is considering an Antarctic Conservation Act permit application submitted by Michelle Sero of Woods Hole, Massachusetts, for the capture, examination, and release of Weddell seals in Antarctica between October 2, 2022, and September 30, 2027. The NSF is accepting public comments on the application through May 26, 2022.
The National Science Foundation (NSF) is considering an Antarctic Conservation Act permit application submitted by Michelle Sero of Woods Hole, Massachusetts, for the capture, examination, and release of Weddell seals in Antarctica between October 2, 2022, and September 30, 2027. The NSF is accepting public comments on the application through May 26, 2022.
National Marine Fisheries Service Grants Oil Company’s Request for Permission to Harm Marine Mammals
The National Marine Fisheries Service announced issuance of a letter of authorization (LOA) to Shell Offshore, Inc. allowing the harassment of, and harm to, marine mammals incidental to geophysical survey activity in the Gulf of Mexico. The LOA is effective from April 21, 2022, through December 31, 2022.
The National Marine Fisheries Service announced issuance of a letter of authorization (LOA) to Shell Offshore, Inc. allowing the harassment of, and harm to, marine mammals incidental to geophysical survey activity in the Gulf of Mexico. The LOA is effective from April 21, 2022, through December 31, 2022.
U.S. Fish and Wildlife Service Considers Data Collection About Bird Watching
The U.S. Fish & Wildlife Service (FWS) announced that it is considering adding birdwatching-related questions to its National Survey of Fishing, Hunting, and Wildlife-Associated Recreation. FWS is accepting comments on the proposed revision to the existing information collection through June 27, 2022.
The U.S. Fish & Wildlife Service (FWS) announced that it is considering adding birdwatching-related questions to its National Survey of Fishing, Hunting, and Wildlife-Associated Recreation. FWS is accepting comments on the proposed revision to the existing information collection through June 27, 2022.
United States Will Not Seek Greater Protection for Big Cats, Elephants, Giraffes, or Polar Bears at Upcoming International Wildlife Treaty Meeting without Further Public Input
The U.S. Fish & Wildlife Service (FWS) announced the species for which it is considering submitting proposals at the upcoming Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES) Conference of the Parties when the parties meet in Panama City, Panama in November 2022. FWS also announced that it will not be making any suggestions relating to big cats, hippopotami, giraffes, African elephants, polar bears, walruses, sea otters, big horn sheep, hooded seals, or Malayan porcupines unless it receives significant additional public input. FWS is accepting public comments on its proposed inclusions and exclusions through May 26, 2022.
The U.S. Fish & Wildlife Service (FWS) announced the species for which it is considering submitting proposals at the upcoming Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES) Conference of the Parties when the parties meet in Panama City, Panama in November 2022. FWS also announced that it will not be making any suggestions relating to big cats, hippopotami, giraffes, African elephants, polar bears, walruses, sea otters, big horn sheep, hooded seals, or Malayan porcupines unless it receives significant additional public input. FWS is accepting public comments on its proposed inclusions and exclusions through May 26, 2022.
Chevron Seeks Permission to Harm and Harass Marine Mammals During Wharf Removal Project
The National Marine Fisheries Service (NMFS) has received a request from Chevron Products Company for authorization to harm and harass marine mammals incidental to “vibratory pile removal” associated with the Point Orient Wharf Removal project in San Francisco Bay over the course of two years. NMFS is accepting public comments through May 27, 2022.
The National Marine Fisheries Service (NMFS) has received a request from Chevron Products Company for authorization to harm and harass marine mammals incidental to “vibratory pile removal” associated with the Point Orient Wharf Removal project in San Francisco Bay over the course of two years. NMFS is accepting public comments through May 27, 2022.
U.S. Department of Agriculture Issues Health Alert Due to Possible E. Coli Contamination of Beef Sold in Oregon and Washington
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert due to possible E. coli 026 contamination of numerous ground beef products distributed to retail stores in Washington and Oregon, including Kroger chain supermarkets. FSIS is not issuing a recall because the products are no longer available for purchase.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert due to possible E. coli 026 contamination of numerous ground beef products distributed to retail stores in Washington and Oregon, including Kroger chain supermarkets. FSIS is not issuing a recall because the products are no longer available for purchase.
U.S. Fish & Wildlife Service Considers Permit that Would Allow Harm to Protected Reptiles
The U.S. Fish & Wildlife Service (FWS) received an incidental take permit (ITP) application from County Commissioners in Polk County, Florida for permission to harm and harass federally protected sand skinks and blue-tailed mole skinks incidental to the construction of a new fire station. FWS is accepting comments through May 31, 2022.
The U.S. Fish & Wildlife Service (FWS) received an incidental take permit (ITP) application from County Commissioners in Polk County, Florida for permission to harm and harass federally protected sand skinks and blue-tailed mole skinks incidental to the construction of a new fire station. FWS is accepting comments through May 31, 2022.
U.S. Fish & Wildlife Service Considers Numerous Endangered Species Act Permit Applications
The U.S. Fish & Wildlife Service (FWS) has received numerous Endangered Species Act permit applications for activities relating to the recovery of protected species, including various species of crustaceans, rodents, insects, reptiles, and birds. FWS is accepting public comments on the requested permits through May 31, 2022.
The U.S. Fish & Wildlife Service (FWS) has received numerous Endangered Species Act permit applications for activities relating to the recovery of protected species, including various species of crustaceans, rodents, insects, reptiles, and birds. FWS is accepting public comments on the requested permits through May 31, 2022.