Plaintiffs in Illinois filed a class action lawsuit against Beyond Meat, alleging that the company made false claims about the protein content of its products and misled consumers into “believing that the Products provide equivalent nutritional benefits to that found in traditional meat-based products.” Plaintiffs allege unjust enrichment, breach of express and implied warranties, and violations of the Illinois Consumer Fraud Act, the Magnuson-Moss Warranty Act, and the Illinois Consumer Fraud and Deceptive Business Practices Act. Plaintiffs seek declaratory judgment, injunctive relief, and restitution.
This Week's Spotlights
Federal Case Law Updates
Class Action Alleges that Beyond Meat Misled Consumers About Product Protein Content
Notorious Roadside Zoo Owner “Doc” Antle Facing Federal Criminal Charges over Alleged Money Laundering Operation
The Federal Bureau of Investigation filed a criminal complaint against roadside zoo owner Mahamayavi “Doc” Antle, and his employee, Andrew Sawyer, for alleged money laundering and conspiracy to commit money laundering in connection with human trafficking. Antle and Sawyer face up to twenty years in prison and are being detained at a Horry County, South Carolina jail following their arrest. Antle was featured in the Netflix series Tiger King and is still scheduled to be tried in Virginia in July 2022 for state cruelty to animals and wildlife trafficking charges for which he and two of his children were indicted in 2020. Sawyer also is a former exotic animal owner whose ownership of a chimpanzee named Joey was terminated in 2019 after a federal court in Missouri found that Sawyer had violated the federal Endangered Species Act.
The Federal Bureau of Investigation filed a criminal complaint against roadside zoo owner Mahamayavi “Doc” Antle, and his employee, Andrew Sawyer, for alleged money laundering and conspiracy to commit money laundering in connection with human trafficking. Antle and Sawyer face up to twenty years in prison and are being detained at a Horry County, South Carolina jail following their arrest. Antle was featured in the Netflix series Tiger King and is still scheduled to be tried in Virginia in July 2022 for state cruelty to animals and wildlife trafficking charges for which he and two of his children were indicted in 2020. Sawyer also is a former exotic animal owner whose ownership of a chimpanzee named Joey was terminated in 2019 after a federal court in Missouri found that Sawyer had violated the federal Endangered Species Act.
Settlement Agreement Requires U.S. Fish and Wildlife Service to Revise Critical Habitat for Florida Manatees by September 2024
The Center for Biological Diversity, Defenders of Wildlife, and Save the Manatee Club entered a stipulated settlement agreement and order with the U.S. Fish and Wildlife Service (FWS) whereby FWS has agreed to revise the critical habitat for the Florida manatee by September 12, 2024. The agreement temporarily resolves litigation brought by the conservation groups following FWS’ failure to act on its 2010 finding that “revisions to critical habitat for the Florida manatee are warranted.” Pollution in their critical habitat is killing the sea grass that Florida manatees depend upon for survival.
The Center for Biological Diversity, Defenders of Wildlife, and Save the Manatee Club entered a stipulated settlement agreement and order with the U.S. Fish and Wildlife Service (FWS) whereby FWS has agreed to revise the critical habitat for the Florida manatee by September 12, 2024. The agreement temporarily resolves litigation brought by the conservation groups following FWS’ failure to act on its 2010 finding that “revisions to critical habitat for the Florida manatee are warranted.” Pollution in their critical habitat is killing the sea grass that Florida manatees depend upon for survival.
9th Circuit Finds that Federal Government Violated the Endangered Species Act and Other Federal Laws by Allowing Fracking in Sea Otter Habitat
The United States Court of Appeals for the Ninth Circuit upheld a lower court ruling prohibiting offshore fracking in federal waters off the California coast. The court found that the federal government had violated the Endangered Species Act (ESA), National Environmental Policy Act, and Coastal Zone Management Act when it allowed fracking without adequately analyzing its impact on sea otters and other protected species. The appeals court order prohibits the U.S. Fish and Wildlife Service from issuing fracking permits until it completes ESA consultations and an environmental impact statement that “fully and fairly evaluate[s] all reasonable alternatives.”
The United States Court of Appeals for the Ninth Circuit upheld a lower court ruling prohibiting offshore fracking in federal waters off the California coast. The court found that the federal government had violated the Endangered Species Act (ESA), National Environmental Policy Act, and Coastal Zone Management Act when it allowed fracking without adequately analyzing its impact on sea otters and other protected species. The appeals court order prohibits the U.S. Fish and Wildlife Service from issuing fracking permits until it completes ESA consultations and an environmental impact statement that “fully and fairly evaluate[s] all reasonable alternatives.”
State Case Law Updates
California Appellate Court Rules that Statutory Definition of “Fish” Allows State to Extend State Endangered Species Act Protection to Bumble Bees
A California appellate court overturned a lower court ruling that the California Fish and Game Commission (“Commission”) may not rely upon the definition of “fish” in the California Endangered Species Act to list four subspecies of bumble bees. The appellate court found that the statutory definition of “fish,” which includes invertebrates and amphibia, enables the Commission to list any invertebrate species as threatened or endangered if they meet listing requirements.
A California appellate court overturned a lower court ruling that the California Fish and Game Commission (“Commission”) may not rely upon the definition of “fish” in the California Endangered Species Act to list four subspecies of bumble bees. The appellate court found that the statutory definition of “fish,” which includes invertebrates and amphibia, enables the Commission to list any invertebrate species as threatened or endangered if they meet listing requirements.
Agency Updates
USDA Solicits Nominations for National Wildlife Services Advisory Committee Appointments
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service published notice that it is seeking nominations to fill all twenty of the existing vacancies on the National Wildlife Services Advisory Committee. Selected committee members are expected to serve for a period of two years. Nominations and all requisite associated materials are due by August 2, 2022.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service published notice that it is seeking nominations to fill all twenty of the existing vacancies on the National Wildlife Services Advisory Committee. Selected committee members are expected to serve for a period of two years. Nominations and all requisite associated materials are due by August 2, 2022.
U.S. Fish and Wildlife Service Considers Extending Endangered Species Act Protections to Yellowstone Park Bison
The U.S. Fish and Wildlife Service (FWS) announced that it has found “substantial scientific or commercial information indicating that [listing the Yellowstone distinct population segment of bison under the Endangered Species Act] may be warranted” in three petitions for rulemaking that it received. FWS is commencing a 12-month status-review in order to make a final listing decision and will accept any helpful information to its decision-making process during the review period.
The U.S. Fish and Wildlife Service (FWS) announced that it has found “substantial scientific or commercial information indicating that [listing the Yellowstone distinct population segment of bison under the Endangered Species Act] may be warranted” in three petitions for rulemaking that it received. FWS is commencing a 12-month status-review in order to make a final listing decision and will accept any helpful information to its decision-making process during the review period.
Legislative Updates
Pending State Actions
New York Bills Would Establish Urban Deer Management Pilot Program
New York Senate Bill 9475, cross-filed with Assembly Bill 10525, would establish an urban deer management pilot program. The bills have been referred to the Senate Committee on Environmental Conservation and the Assembly Ways and Means Committee.
New York Senate Bill 9475, cross-filed with Assembly Bill 10525, would establish an urban deer management pilot program. The bills have been referred to the Senate Committee on Environmental Conservation and the Assembly Ways and Means Committee.
Rhode Island Bill Would Establish Revisions to the State’s Cruelty to Animals Statute
Rhode Island House Bill 8303 would amend the state’s cruelty to animals statute by providing for the Rhode Island Society of Prevention of Cruelty to Animals to recover costs of care and by establishing procedures for owners and guardians to reclaim custody of seized animals. The bill has been referred to the House Judiciary Committee.
Rhode Island House Bill 8303 would amend the state’s cruelty to animals statute by providing for the Rhode Island Society of Prevention of Cruelty to Animals to recover costs of care and by establishing procedures for owners and guardians to reclaim custody of seized animals. The bill has been referred to the House Judiciary Committee.
Delaware Bill Would Establish Official State Sea Turtle
Delaware Senate Bill 303 would designate the loggerhead sea turtle as the official sea turtle of the State of Delaware.
Delaware Senate Bill 303 would designate the loggerhead sea turtle as the official sea turtle of the State of Delaware.
Rhode Island Bill Would Require Animal Shelters to Waive Adoption Fees for Veterans
Rhode Island Senate Bill 2996 would require animal shelters to waive adoption fees for veterans and would allow shelters to set a maximum number of animals that may be adopted within a six-month period utilizing the veteran fee waiver. The bill has been referred to the Senate Committee on Special Legislation and Veterans Affairs.
Rhode Island Senate Bill 2996 would require animal shelters to waive adoption fees for veterans and would allow shelters to set a maximum number of animals that may be adopted within a six-month period utilizing the veteran fee waiver. The bill has been referred to the Senate Committee on Special Legislation and Veterans Affairs.
Case Law Updates
Federal Case Law Updates
Class Action Alleges that Beyond Meat Misled Consumers About Product Protein Content
Plaintiffs in Illinois filed a class action lawsuit against Beyond Meat, alleging that the company made false claims about the protein content of its products and misled consumers into “believing that the Products provide equivalent nutritional benefits to that found in traditional meat-based products.” Plaintiffs allege unjust enrichment, breach of express and implied warranties, and violations of the Illinois Consumer Fraud Act, the Magnuson-Moss Warranty Act, and the Illinois Consumer Fraud and Deceptive Business Practices Act. Plaintiffs seek declaratory judgment, injunctive relief, and restitution.
Plaintiffs in Illinois filed a class action lawsuit against Beyond Meat, alleging that the company made false claims about the protein content of its products and misled consumers into “believing that the Products provide equivalent nutritional benefits to that found in traditional meat-based products.” Plaintiffs allege unjust enrichment, breach of express and implied warranties, and violations of the Illinois Consumer Fraud Act, the Magnuson-Moss Warranty Act, and the Illinois Consumer Fraud and Deceptive Business Practices Act. Plaintiffs seek declaratory judgment, injunctive relief, and restitution.
Settlement Agreement Requires U.S. Fish and Wildlife Service to Make ESA Listing Decision about Giraffes by November 2024
The Center for Biological Diversity (CBD) and the U.S. Fish and Wildlife Service (FWS) entered a stipulated settlement agreement and order whereby FWS has agreed to decide whether giraffes warrant Endangered Species Act protection no later than November 7, 2024. The agreement comes in response to litigation brought by CBD following FWS’ failure to act on its 2017 finding that ESA listing for giraffes “may be warranted.”
The Center for Biological Diversity (CBD) and the U.S. Fish and Wildlife Service (FWS) entered a stipulated settlement agreement and order whereby FWS has agreed to decide whether giraffes warrant Endangered Species Act protection no later than November 7, 2024. The agreement comes in response to litigation brought by CBD following FWS’ failure to act on its 2017 finding that ESA listing for giraffes “may be warranted.”
Notorious Roadside Zoo Owner “Doc” Antle Facing Federal Criminal Charges over Alleged Money Laundering Operation
The Federal Bureau of Investigation filed a criminal complaint against roadside zoo owner Mahamayavi “Doc” Antle, and his employee, Andrew Sawyer, for alleged money laundering and conspiracy to commit money laundering in connection with human trafficking. Antle and Sawyer face up to twenty years in prison and are being detained at a Horry County, South Carolina jail following their arrest. Antle was featured in the Netflix series Tiger King and is still scheduled to be tried in Virginia in July 2022 for state cruelty to animals and wildlife trafficking charges for which he and two of his children were indicted in 2020. Sawyer also is a former exotic animal owner whose ownership of a chimpanzee named Joey was terminated in 2019 after a federal court in Missouri found that Sawyer had violated the federal Endangered Species Act.
The Federal Bureau of Investigation filed a criminal complaint against roadside zoo owner Mahamayavi “Doc” Antle, and his employee, Andrew Sawyer, for alleged money laundering and conspiracy to commit money laundering in connection with human trafficking. Antle and Sawyer face up to twenty years in prison and are being detained at a Horry County, South Carolina jail following their arrest. Antle was featured in the Netflix series Tiger King and is still scheduled to be tried in Virginia in July 2022 for state cruelty to animals and wildlife trafficking charges for which he and two of his children were indicted in 2020. Sawyer also is a former exotic animal owner whose ownership of a chimpanzee named Joey was terminated in 2019 after a federal court in Missouri found that Sawyer had violated the federal Endangered Species Act.
Settlement Agreement Requires U.S. Fish and Wildlife Service to Revise Critical Habitat for Florida Manatees by September 2024
The Center for Biological Diversity, Defenders of Wildlife, and Save the Manatee Club entered a stipulated settlement agreement and order with the U.S. Fish and Wildlife Service (FWS) whereby FWS has agreed to revise the critical habitat for the Florida manatee by September 12, 2024. The agreement temporarily resolves litigation brought by the conservation groups following FWS’ failure to act on its 2010 finding that “revisions to critical habitat for the Florida manatee are warranted.” Pollution in their critical habitat is killing the sea grass that Florida manatees depend upon for survival.
The Center for Biological Diversity, Defenders of Wildlife, and Save the Manatee Club entered a stipulated settlement agreement and order with the U.S. Fish and Wildlife Service (FWS) whereby FWS has agreed to revise the critical habitat for the Florida manatee by September 12, 2024. The agreement temporarily resolves litigation brought by the conservation groups following FWS’ failure to act on its 2010 finding that “revisions to critical habitat for the Florida manatee are warranted.” Pollution in their critical habitat is killing the sea grass that Florida manatees depend upon for survival.
9th Circuit Finds that Federal Government Violated the Endangered Species Act and Other Federal Laws by Allowing Fracking in Sea Otter Habitat
The United States Court of Appeals for the Ninth Circuit upheld a lower court ruling prohibiting offshore fracking in federal waters off the California coast. The court found that the federal government had violated the Endangered Species Act (ESA), National Environmental Policy Act, and Coastal Zone Management Act when it allowed fracking without adequately analyzing its impact on sea otters and other protected species. The appeals court order prohibits the U.S. Fish and Wildlife Service from issuing fracking permits until it completes ESA consultations and an environmental impact statement that “fully and fairly evaluate[s] all reasonable alternatives.”
The United States Court of Appeals for the Ninth Circuit upheld a lower court ruling prohibiting offshore fracking in federal waters off the California coast. The court found that the federal government had violated the Endangered Species Act (ESA), National Environmental Policy Act, and Coastal Zone Management Act when it allowed fracking without adequately analyzing its impact on sea otters and other protected species. The appeals court order prohibits the U.S. Fish and Wildlife Service from issuing fracking permits until it completes ESA consultations and an environmental impact statement that “fully and fairly evaluate[s] all reasonable alternatives.”
State Case Law Updates
California Appellate Court Rules that Statutory Definition of “Fish” Allows State to Extend State Endangered Species Act Protection to Bumble Bees
A California appellate court overturned a lower court ruling that the California Fish and Game Commission (“Commission”) may not rely upon the definition of “fish” in the California Endangered Species Act to list four subspecies of bumble bees. The appellate court found that the statutory definition of “fish,” which includes invertebrates and amphibia, enables the Commission to list any invertebrate species as threatened or endangered if they meet listing requirements.
A California appellate court overturned a lower court ruling that the California Fish and Game Commission (“Commission”) may not rely upon the definition of “fish” in the California Endangered Species Act to list four subspecies of bumble bees. The appellate court found that the statutory definition of “fish,” which includes invertebrates and amphibia, enables the Commission to list any invertebrate species as threatened or endangered if they meet listing requirements.
Agency Updates
National Marine Fisheries Service Seeks Public Comments Relating to Aquaculture in Gulf of Mexico
The National Marine Fisheries Service (NMFS) is preparing a programmatic environmental impact statement to evaluate alternatives for identifying Aquaculture Opportunity Areas in the Gulf of Mexico. NMFS is accepting public comments through August 1, 2022.
The National Marine Fisheries Service (NMFS) is preparing a programmatic environmental impact statement to evaluate alternatives for identifying Aquaculture Opportunity Areas in the Gulf of Mexico. NMFS is accepting public comments through August 1, 2022.
Federal Agency Seeks Permit to Move Protected Salmon Out of Drying Streams
The National Marine Fisheries Service’s (NMFS) California Coastal Office has applied to NMFS for an Endangered Species Act permit to capture and relocate protected steelhead and coho salmon from drying up streams in order to enhance the survival of the affected species. NMFS is accepting public comments on the permit application through July 1, 2022.
The National Marine Fisheries Service’s (NMFS) California Coastal Office has applied to NMFS for an Endangered Species Act permit to capture and relocate protected steelhead and coho salmon from drying up streams in order to enhance the survival of the affected species. NMFS is accepting public comments on the permit application through July 1, 2022.
U.S. Fish and Wildlife Service Seeks Public Input on Data Collection Relating to Oil and Gas Operations on National Wildlife Refuge System Lands
The U.S. Fish and Wildlife Service (FWS) is proposing revisions to its information collection process relating to agency management of non-federal oil and gas operations on National Wildlife Refuge System lands. FWS is accepting public comments on its proposed revisions through August 1, 2022.
The U.S. Fish and Wildlife Service (FWS) is proposing revisions to its information collection process relating to agency management of non-federal oil and gas operations on National Wildlife Refuge System lands. FWS is accepting public comments on its proposed revisions through August 1, 2022.
National Marine Fisheries Service Considers the U.S. Navy’s Request for Permission to Take More Whales
The National Marine Fisheries Service (NMFS) has received a request from the U.S. Navy for revisions to its existing Letters of Authorization authorizing the Navy to “take” (i.e. to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill) marine mammals during training and testing activities in the Hawaii-Southern California Training and Testing Area. Navy vessels struck two large whales in 2021, prompting its request for authorization for more whale takes. NMFS is accepting public comments on the Navy’s request through July 1, 2022.
The National Marine Fisheries Service (NMFS) has received a request from the U.S. Navy for revisions to its existing Letters of Authorization authorizing the Navy to “take” (i.e. to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill) marine mammals during training and testing activities in the Hawaii-Southern California Training and Testing Area. Navy vessels struck two large whales in 2021, prompting its request for authorization for more whale takes. NMFS is accepting public comments on the Navy’s request through July 1, 2022.
U.S. Fish & Wildlife Service Discloses Which Oil Companies Received Permission to Harm Protected Species in Alaska in 2021
The U.S. Fish and Wildlife Service announced that it issued twenty-three letters of authorization authorizing the nonlethal take of walruses, polar bears, and sea otters in Alaska incidental to oil and gas exploration activities conducted by the following companies in 2021: Conoco Phillips, Exxon Mobil, Hilcorp, Glacier Oil and Gas, Eni US, Oil Search Alaska, Alyeska Pipeline Service Company, and SA Exploration.
The U.S. Fish and Wildlife Service announced that it issued twenty-three letters of authorization authorizing the nonlethal take of walruses, polar bears, and sea otters in Alaska incidental to oil and gas exploration activities conducted by the following companies in 2021: Conoco Phillips, Exxon Mobil, Hilcorp, Glacier Oil and Gas, Eni US, Oil Search Alaska, Alyeska Pipeline Service Company, and SA Exploration.
U.S. Coast Guard Seeks Permit to Harass Otters During Dock Expansion in Alaska
The U.S. Fish and Wildlife Service (FWS) announced its receipt of a Marine Mammal Protection Act permit application from the U.S. Coast Guard (USCG) that would authorize the non-lethal take of northern sea otters incidental to a dock expansion project at USCG Base Ketchikan from July 1, 2022, through June 30, 2023. FWS is accepting public comments through July 5, 2022.
The U.S. Fish and Wildlife Service (FWS) announced its receipt of a Marine Mammal Protection Act permit application from the U.S. Coast Guard (USCG) that would authorize the non-lethal take of northern sea otters incidental to a dock expansion project at USCG Base Ketchikan from July 1, 2022, through June 30, 2023. FWS is accepting public comments through July 5, 2022.
National Marine Fisheries Service Issues Final Rule Pursuant to Pacific Whiting Fishery Management Plan
The National Marine Fisheries Service issued a final rule to implement the 2022 Pacific whiting fishery, including the 2022 tribal allocation. The rule is effective as of June 2, 2022.
The National Marine Fisheries Service issued a final rule to implement the 2022 Pacific whiting fishery, including the 2022 tribal allocation. The rule is effective as of June 2, 2022.
Power Company Seeks Permission to Harm and Harass Marine Mammals During Wind Farm Construction and Operations
The National Marine Fisheries Service (NMFS) has received a request from Sunrise Wind, LLC, for authorization to take marine mammals incidental to wind farm construction and operations off the coast of New York for a period of five years beginning in 2023. NMFS is accepting public comments through July 5, 2022.
The National Marine Fisheries Service (NMFS) has received a request from Sunrise Wind, LLC, for authorization to take marine mammals incidental to wind farm construction and operations off the coast of New York for a period of five years beginning in 2023. NMFS is accepting public comments through July 5, 2022.
USDA Solicits Nominations for National Wildlife Services Advisory Committee Appointments
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service published notice that it is seeking nominations to fill all twenty of the existing vacancies on the National Wildlife Services Advisory Committee. Selected committee members are expected to serve for a period of two years. Nominations and all requisite associated materials are due by August 2, 2022.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service published notice that it is seeking nominations to fill all twenty of the existing vacancies on the National Wildlife Services Advisory Committee. Selected committee members are expected to serve for a period of two years. Nominations and all requisite associated materials are due by August 2, 2022.
National Marine Fisheries Service Authorizes Harassment of Marine Mammals by Power Company
The National Marine Fisheries Service announced issuance of incidental harassment authorization (IHA) to Virginia Electric & Power for the harassment of marine mammals incidental to marine site characterization surveys off the coast of Virginia. The IHA is effective from May 27, 2022, through May 26, 2023.
The National Marine Fisheries Service announced issuance of incidental harassment authorization (IHA) to Virginia Electric & Power for the harassment of marine mammals incidental to marine site characterization surveys off the coast of Virginia. The IHA is effective from May 27, 2022, through May 26, 2023.
National Marine Fisheries Service Authorizes Harm and Harassment of Marine Mammals in Gulf of Mexico by Oil Exploration Company
The National Marine Fisheries Service announced that it issued a letter of authorization (LOA) to LLOG Exploration Offshore, LLC authorizing the incidental harm and harassment of marine mammals during geophysical survey activities in the Gulf of Mexico. The LOA is effective from August 1, 2022, through August 31, 2023.
The National Marine Fisheries Service announced that it issued a letter of authorization (LOA) to LLOG Exploration Offshore, LLC authorizing the incidental harm and harassment of marine mammals during geophysical survey activities in the Gulf of Mexico. The LOA is effective from August 1, 2022, through August 31, 2023.
U.S. Fish and Wildlife Service Considers Extending Endangered Species Act Protections to Yellowstone Park Bison
The U.S. Fish and Wildlife Service (FWS) announced that it has found “substantial scientific or commercial information indicating that [listing the Yellowstone distinct population segment of bison under the Endangered Species Act] may be warranted” in three petitions for rulemaking that it received. FWS is commencing a 12-month status-review in order to make a final listing decision and will accept any helpful information to its decision-making process during the review period.
The U.S. Fish and Wildlife Service (FWS) announced that it has found “substantial scientific or commercial information indicating that [listing the Yellowstone distinct population segment of bison under the Endangered Species Act] may be warranted” in three petitions for rulemaking that it received. FWS is commencing a 12-month status-review in order to make a final listing decision and will accept any helpful information to its decision-making process during the review period.