The Center for Biological Diversity and the Maricopa Audubon Society sent a 60-day Notice of Intent to Sue the U.S. Bureau of Land Management (BLM) under the Endangered Species Act to stop cattle in four grazing allotments from further damaging streams and riparian areas of the Agua Fria National Monument in central Arizona. The notice effectively alerts BLM to the conservation groups’ intent to amend existing pleadings in a pending lawsuit against the agency for allowing cattle grazing to damage critical habitat for numerous threatened and endangered species.
This Week's Spotlights
Case Law Updates
Conservation Groups Advance Additional Claims Against Bureau of Land Management
Conservation Groups Sue to Save Manatees and Sea Turtles
Conservation groups sued the U.S. Environmental Protection Agency (EPA) for failing to protect manatees and sea turtles from water pollution in Florida. Earthjustice is representing the Center for Biological Diversity, Save the Manatee Club, and Defenders of Wildlife in the lawsuit which urges the court to require the EPA to reinitiate consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service under the Endangered Species Act and reassess its approval of Florida’s water-quality standards for the Indian River Lagoon.
Conservation groups sued the U.S. Environmental Protection Agency (EPA) for failing to protect manatees and sea turtles from water pollution in Florida. Earthjustice is representing the Center for Biological Diversity, Save the Manatee Club, and Defenders of Wildlife in the lawsuit which urges the court to require the EPA to reinitiate consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service under the Endangered Species Act and reassess its approval of Florida’s water-quality standards for the Indian River Lagoon.
Ninth Circuit Upholds Ruling that Forest Service’s Approval of Mining Project in Critical Wildlife Habitat was Arbitrary and Capricious
The U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s invalidation of the U.S. Forest Service’s approval of a controversial open-pit copper mine in southern Arizona’s Santa Rita Mountains, which provides critical habitat for jaguars, ocelots, and many other rare animal species. The suit was brought by a coalition of groups that include the Center for Biological Diversity, Save The Scenic Santa Ritas, Arizona Mining Reform Coalition, Grand Canyon Chapter of the Sierra Club, Tohono O’odham Nation, Hopi Tribe, and the Pascua Yaqui Tribe of Arizona.
The U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s invalidation of the U.S. Forest Service’s approval of a controversial open-pit copper mine in southern Arizona’s Santa Rita Mountains, which provides critical habitat for jaguars, ocelots, and many other rare animal species. The suit was brought by a coalition of groups that include the Center for Biological Diversity, Save The Scenic Santa Ritas, Arizona Mining Reform Coalition, Grand Canyon Chapter of the Sierra Club, Tohono O’odham Nation, Hopi Tribe, and the Pascua Yaqui Tribe of Arizona.
Hypotheses Confounded in Research Showing that Younger Generations Have Heightened Interest in Owning Exotic Pets
Cronin KA, Leahy M, Ross SR, Wilder Schook M, Ferrie GM, et al. (2022) Younger generations are more interested than older generations in having non-domesticated animals as pets. PLOS ONE 17(1): e0262208.
Cronin KA, Leahy M, Ross SR, Wilder Schook M, Ferrie GM, et al. (2022) Younger generations are more interested than older generations in having non-domesticated animals as pets. PLOS ONE 17(1): e0262208.
Agency Updates
EPA Board of Appeals Requires Agency to Revisit Approval of First-Ever Aquaculture Facility
The Environmental Protection Agency Board of Appeals has ordered that the agency must re-examine its approval of a permit for the nation’s first-ever industrial-scale aquaculture facility, finding the agency had made conflicting statements regarding whether the project would unreasonably degrade the marine environment. Two petitions to review the permit were filed by a consortium of groups consisting of the Center for Food Safety, Friends of the Earth, Recirculating Farms, Tampa Bay Waterkeeper, Suncoast Waterkeeper, Healthy Gulf, Sierra Club Florida, Center for Biological Diversity, Food & Water Watch, and Friends of Animals.
The Environmental Protection Agency Board of Appeals has ordered that the agency must re-examine its approval of a permit for the nation’s first-ever industrial-scale aquaculture facility, finding the agency had made conflicting statements regarding whether the project would unreasonably degrade the marine environment. Two petitions to review the permit were filed by a consortium of groups consisting of the Center for Food Safety, Friends of the Earth, Recirculating Farms, Tampa Bay Waterkeeper, Suncoast Waterkeeper, Healthy Gulf, Sierra Club Florida, Center for Biological Diversity, Food & Water Watch, and Friends of Animals.
Academic Updates
Hypotheses Confounded in Research Showing that Younger Generations Have Heightened Interest in Owning Exotic Pets
Cronin KA, Leahy M, Ross SR, Wilder Schook M, Ferrie GM, et al. (2022) Younger generations are more interested than older generations in having non-domesticated animals as pets. PLOS ONE 17(1): e0262208.
Cronin KA, Leahy M, Ross SR, Wilder Schook M, Ferrie GM, et al. (2022) Younger generations are more interested than older generations in having non-domesticated animals as pets. PLOS ONE 17(1): e0262208.
Legislative Updates
Pending Federal Actions
Bill Would Outlaw the Use of Lead Ammunition on Federally Managed Land
Senate Bill 4157 would require the Director of the U.S. Fish & Wildlife Service (FWS) to promulgate rules prohibiting the use of lead ammunition on all FWS-managed land. The bill has been referred to the Senate Committee on Energy and Natural Resources.
Senate Bill 4157 would require the Director of the U.S. Fish & Wildlife Service (FWS) to promulgate rules prohibiting the use of lead ammunition on all FWS-managed land. The bill has been referred to the Senate Committee on Energy and Natural Resources.
Enacted State Actions
Michigan Law Sets New Public Accommodation Requirements for Service Animals
Governor Gretchen Whitmer signed Michigan House Bill 4256, which updates the state’s requirement of public accommodations for individuals with service animals, allowing the training of service animals in real-world settings. The bill also includes specific provisions relating to the use of miniature horses as service animals.
Governor Gretchen Whitmer signed Michigan House Bill 4256, which updates the state’s requirement of public accommodations for individuals with service animals, allowing the training of service animals in real-world settings. The bill also includes specific provisions relating to the use of miniature horses as service animals.
Case Law Updates
Federal Case Law Updates
Conservation Groups Advance Additional Claims Against Bureau of Land Management
The Center for Biological Diversity and the Maricopa Audubon Society sent a 60-day Notice of Intent to Sue the U.S. Bureau of Land Management (BLM) under the Endangered Species Act to stop cattle in four grazing allotments from further damaging streams and riparian areas of the Agua Fria National Monument in central Arizona. The notice effectively alerts BLM to the conservation groups’ intent to amend existing pleadings in a pending lawsuit against the agency for allowing cattle grazing to damage critical habitat for numerous threatened and endangered species.
The Center for Biological Diversity and the Maricopa Audubon Society sent a 60-day Notice of Intent to Sue the U.S. Bureau of Land Management (BLM) under the Endangered Species Act to stop cattle in four grazing allotments from further damaging streams and riparian areas of the Agua Fria National Monument in central Arizona. The notice effectively alerts BLM to the conservation groups’ intent to amend existing pleadings in a pending lawsuit against the agency for allowing cattle grazing to damage critical habitat for numerous threatened and endangered species.
Conservation Groups Sue to Save Manatees and Sea Turtles
Conservation groups sued the U.S. Environmental Protection Agency (EPA) for failing to protect manatees and sea turtles from water pollution in Florida. Earthjustice is representing the Center for Biological Diversity, Save the Manatee Club, and Defenders of Wildlife in the lawsuit which urges the court to require the EPA to reinitiate consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service under the Endangered Species Act and reassess its approval of Florida’s water-quality standards for the Indian River Lagoon.
Conservation groups sued the U.S. Environmental Protection Agency (EPA) for failing to protect manatees and sea turtles from water pollution in Florida. Earthjustice is representing the Center for Biological Diversity, Save the Manatee Club, and Defenders of Wildlife in the lawsuit which urges the court to require the EPA to reinitiate consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service under the Endangered Species Act and reassess its approval of Florida’s water-quality standards for the Indian River Lagoon.
Ninth Circuit Affirms District Court’s Ruling that the National Park Service Can Ban Commercial Fishing in San Francisco Bay
The 9th Circuit ruled that the district court was correct in holding that the National Park Service acted within its authority under the Golden Gate National Recreation Area Act to ban commercial fishing of herring in the San Francisco Bay.
The 9th Circuit ruled that the district court was correct in holding that the National Park Service acted within its authority under the Golden Gate National Recreation Area Act to ban commercial fishing of herring in the San Francisco Bay.
Ninth Circuit Upholds Ruling that Forest Service’s Approval of Mining Project in Critical Wildlife Habitat was Arbitrary and Capricious
The U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s invalidation of the U.S. Forest Service’s approval of a controversial open-pit copper mine in southern Arizona’s Santa Rita Mountains, which provides critical habitat for jaguars, ocelots, and many other rare animal species. The suit was brought by a coalition of groups that include the Center for Biological Diversity, Save The Scenic Santa Ritas, Arizona Mining Reform Coalition, Grand Canyon Chapter of the Sierra Club, Tohono O’odham Nation, Hopi Tribe, and the Pascua Yaqui Tribe of Arizona.
The U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s invalidation of the U.S. Forest Service’s approval of a controversial open-pit copper mine in southern Arizona’s Santa Rita Mountains, which provides critical habitat for jaguars, ocelots, and many other rare animal species. The suit was brought by a coalition of groups that include the Center for Biological Diversity, Save The Scenic Santa Ritas, Arizona Mining Reform Coalition, Grand Canyon Chapter of the Sierra Club, Tohono O’odham Nation, Hopi Tribe, and the Pascua Yaqui Tribe of Arizona.
Agency Updates
EPA Board of Appeals Requires Agency to Revisit Approval of First-Ever Aquaculture Facility
The Environmental Protection Agency Board of Appeals has ordered that the agency must re-examine its approval of a permit for the nation’s first-ever industrial-scale aquaculture facility, finding the agency had made conflicting statements regarding whether the project would unreasonably degrade the marine environment. Two petitions to review the permit were filed by a consortium of groups consisting of the Center for Food Safety, Friends of the Earth, Recirculating Farms, Tampa Bay Waterkeeper, Suncoast Waterkeeper, Healthy Gulf, Sierra Club Florida, Center for Biological Diversity, Food & Water Watch, and Friends of Animals.
The Environmental Protection Agency Board of Appeals has ordered that the agency must re-examine its approval of a permit for the nation’s first-ever industrial-scale aquaculture facility, finding the agency had made conflicting statements regarding whether the project would unreasonably degrade the marine environment. Two petitions to review the permit were filed by a consortium of groups consisting of the Center for Food Safety, Friends of the Earth, Recirculating Farms, Tampa Bay Waterkeeper, Suncoast Waterkeeper, Healthy Gulf, Sierra Club Florida, Center for Biological Diversity, Food & Water Watch, and Friends of Animals.
Oil Company Seeks Permit to Harm and Harass Marine Mammals While Towing Drilling Rig
Hilcorp Alaska, LLC has applied to the National Marine Fisheries Service (NMFS) for a permit that would allow the applicant to take marine mammals incidental to tugboat towing of a drilling rig in Cook Inlet, Alaska over a period of two years. The affected marine mammals include six whale species, two porpoise species, Steller sea lions, California sea lions, and harbor seals. NMFS is accepting public comments through June 8, 2022.
Hilcorp Alaska, LLC has applied to the National Marine Fisheries Service (NMFS) for a permit that would allow the applicant to take marine mammals incidental to tugboat towing of a drilling rig in Cook Inlet, Alaska over a period of two years. The affected marine mammals include six whale species, two porpoise species, Steller sea lions, California sea lions, and harbor seals. NMFS is accepting public comments through June 8, 2022.
Energy Company Seeks Permit to Harm and Harass Marine Mammals During Exploration
NextEra Energy Transmission MidAtlantic, LLC has applied to the National Marine Fisheries Service (NMFS) for a permit that would allow the applicant to take marine mammals incidental to geophysical site characterization surveys off the coast of New Jersey. The affected marine mammals include seven whale species, five dolphin species, harbor porpoises, harbor seals, and gray seals. NMFS is accepting public comments through June 8, 2022.
NextEra Energy Transmission MidAtlantic, LLC has applied to the National Marine Fisheries Service (NMFS) for a permit that would allow the applicant to take marine mammals incidental to geophysical site characterization surveys off the coast of New Jersey. The affected marine mammals include seven whale species, five dolphin species, harbor porpoises, harbor seals, and gray seals. NMFS is accepting public comments through June 8, 2022.
Wind Energy Company Seeks Permit to Harm Protected Bats
Jordan Creek Wind, LLC has applied to the U.S. Fish & Wildlife Service (FWS) for an incidental take permit that would allow the energy company to harm and harass protected bat species over a period of thirty years in connection with the Jordan Creek Wind Energy Project. FWS is accepting public comments on the permit application through June 8, 2022.
Jordan Creek Wind, LLC has applied to the U.S. Fish & Wildlife Service (FWS) for an incidental take permit that would allow the energy company to harm and harass protected bat species over a period of thirty years in connection with the Jordan Creek Wind Energy Project. FWS is accepting public comments on the permit application through June 8, 2022.
U.S. Fish & Wildlife Service Considers Numerous Endangered Species Act Permit Applications
The U.S. Fish & Wildlife Service (FWS) has received multiple Endangered Species Act permit applications for the capture and release of gray wolves, rusty patched bumble bees, Indiana bats, gray bats, Poweshiek skipperlings, Dakota skippers, and thirteen species of freshwater mussels for the purpose of species enhancement. FWS is accepting public comments on the applications through June 8, 2022.
The U.S. Fish & Wildlife Service (FWS) has received multiple Endangered Species Act permit applications for the capture and release of gray wolves, rusty patched bumble bees, Indiana bats, gray bats, Poweshiek skipperlings, Dakota skippers, and thirteen species of freshwater mussels for the purpose of species enhancement. FWS is accepting public comments on the applications through June 8, 2022.
U.S. Fish & Wildlife Service Announces Five-Year Review of More than 150 Protected Species
The U.S. Fish & Wildlife Service announced that it is performing a five-year review of the status of 167 federally protected species as required by the Endangered Species Act to determine if they still meet the criteria for their current listing status. FWS is accepting public comments through July 11, 2022.
The U.S. Fish & Wildlife Service announced that it is performing a five-year review of the status of 167 federally protected species as required by the Endangered Species Act to determine if they still meet the criteria for their current listing status. FWS is accepting public comments through July 11, 2022.
FDA Seeks Comments on Proposed Guidance to Reduce Public Health Risks Associated with Carryover of Drugs from Animal Feed
The Food and Drug Administration (FDA) announced the availability of draft guidance entitled “Practices to Prevent Unsafe Contamination of Animal Feed from Drug Carryover.” The FDA is accepting public comments on the proposed guidance through August 8, 2022.
The Food and Drug Administration (FDA) announced the availability of draft guidance entitled “Practices to Prevent Unsafe Contamination of Animal Feed from Drug Carryover.” The FDA is accepting public comments on the proposed guidance through August 8, 2022.
National Marine Fisheries Service Authorizes Incidental Harm to Protected Marine Animals in California Fishery
The National Marine Fisheries Service issued a permit authorizing the incidental, but not intentional, take of Endangered Species Act and Marine Mammal Protection Act-protected species in the California thresher shark/swordfish drift gillnet fishery. The authorization is effective for a period of three years beginning May 11, 2022.
The National Marine Fisheries Service issued a permit authorizing the incidental, but not intentional, take of Endangered Species Act and Marine Mammal Protection Act-protected species in the California thresher shark/swordfish drift gillnet fishery. The authorization is effective for a period of three years beginning May 11, 2022.
Whole Foods Sold Ground Beef that May Have Been Contaminated with Foreign Matter
The U.S. Department of Agriculture’s Food Safety & Inspection Service issued a public health alert for raw ground beef products that were distributed nationwide to Whole Foods Markets and may be contaminated with pieces of plastic. It is too late to issue a recall because the products are no longer available for purchase.
The U.S. Department of Agriculture’s Food Safety & Inspection Service issued a public health alert for raw ground beef products that were distributed nationwide to Whole Foods Markets and may be contaminated with pieces of plastic. It is too late to issue a recall because the products are no longer available for purchase.
National Marine Fisheries Service Announces Issuance of Numerous Permits for Activities with Protected Species
The National Marine Fisheries Service announced the issuance of several Endangered Species Act and Marine Mammal Protection Act permits for research and conservation to various applicants including universities, researchers, and one zoological park.
The National Marine Fisheries Service announced the issuance of several Endangered Species Act and Marine Mammal Protection Act permits for research and conservation to various applicants including universities, researchers, and one zoological park.
U.S. Fish & Wildlife Service Announces Regulatory Updates for Mexican Wolf Population
The U.S. Fish & Wildlife Service announced the availability of a final supplemental environmental impact statement on proposed revisions to the regulations for the nonessential experimental population designation of the Mexican wolf population.
The U.S. Fish & Wildlife Service announced the availability of a final supplemental environmental impact statement on proposed revisions to the regulations for the nonessential experimental population designation of the Mexican wolf population.
U.S. Fish & Wildlife Service Announces Five-Year Review of Thirty-Five Protected Species
The U.S. Fish & Wildlife Service announced that it is initiating a five-year review of the status of thirty-five federally protected species as required by the Endangered Species Act to determine if they still meet the criteria for their current listing status. FWS is accepting public comments through July 12, 2022.
The U.S. Fish & Wildlife Service announced that it is initiating a five-year review of the status of thirty-five federally protected species as required by the Endangered Species Act to determine if they still meet the criteria for their current listing status. FWS is accepting public comments through July 12, 2022.
Public Comments Solicited on Proposed Updates to National Marine Sanctuaries Program Regulations
The Office of National Marine Sanctuaries (ONMS) announced the availability of an interim final rule to amend the National Marine Sanctuaries program regulations. ONMS is accepting public comments through June 13, 2022.
The Office of National Marine Sanctuaries (ONMS) announced the availability of an interim final rule to amend the National Marine Sanctuaries program regulations. ONMS is accepting public comments through June 13, 2022.
U.S. Fish & Wildlife Service Announces Draft Habitat Conservation Plan for Six Protected Species Affected by Local Government Development Plans
The U.S. Fish & Wildlife Service announced the availability of a final environmental impact statement and habitat conservation plan in connection with Thurston County, Washington’s application for authorization to take protected species of gophers, butterflies, frogs, and birds over the next thirty years in the course of county development and infrastructure maintenance.
The U.S. Fish & Wildlife Service announced the availability of a final environmental impact statement and habitat conservation plan in connection with Thurston County, Washington’s application for authorization to take protected species of gophers, butterflies, frogs, and birds over the next thirty years in the course of county development and infrastructure maintenance.
International Updates
Canadian Man Faces Dozens of Cruelty Charges for Neglect of Hundreds of Reptiles
John Makarushyn of Edmonton, Alberta is facing thirty-seven criminal charges of cruelty to animals and eighty-nine charges under Alberta’s Animal Protection Law after first-responders discovered more than seven hundred dead or severely neglected reptiles in his home.
John Makarushyn of Edmonton, Alberta is facing thirty-seven criminal charges of cruelty to animals and eighty-nine charges under Alberta’s Animal Protection Law after first-responders discovered more than seven hundred dead or severely neglected reptiles in his home.
Academic Updates
Hypotheses Confounded in Research Showing that Younger Generations Have Heightened Interest in Owning Exotic Pets
Cronin KA, Leahy M, Ross SR, Wilder Schook M, Ferrie GM, et al. (2022) Younger generations are more interested than older generations in having non-domesticated animals as pets. PLOS ONE 17(1): e0262208.
Cronin KA, Leahy M, Ross SR, Wilder Schook M, Ferrie GM, et al. (2022) Younger generations are more interested than older generations in having non-domesticated animals as pets. PLOS ONE 17(1): e0262208.