The U.S. Court of Appeals for the Eighth Circuit affirmed a lower court’s ruling denying pork producers’ motion to intervene in a case brought by unionized workers challenging the U.S. Department of Agriculture’s rule eliminating pork processing line-speed limits. The lower court granted summary judgment in favor of plaintiff workers to aside the USDA rule and found that the pork producers’ motion was untimely.
This Week's Spotlights
Federal Court Denies Pork Producers’ Attempt to Intervene in Case Challenging Elimination of Line-Speed Limits
Trafficker Who Illegally Sold Monkey to Hip Hop Star Chris Brown Sentenced to Probation and House Arrest
A federal judge sentenced Jimmy Wayne Hammonds, also known as “The Monkey Whisperer,” to five years’ probation, eight months of house arrest, and a $90,000 fine in connection with criminal violations of the Endangered Species Act and Lacey Act to which Hammonds pleaded guilty in February 2022. Hammonds was indicted for federal wildlife crimes related to his trafficking in primates, including the illegal sale of a capuchin monkey to hip hop artist Chris Brown and numerous illegal sales of federally protected tamarins.
A federal judge sentenced Jimmy Wayne Hammonds, also known as “The Monkey Whisperer,” to five years’ probation, eight months of house arrest, and a $90,000 fine in connection with criminal violations of the Endangered Species Act and Lacey Act to which Hammonds pleaded guilty in February 2022. Hammonds was indicted for federal wildlife crimes related to his trafficking in primates, including the illegal sale of a capuchin monkey to hip hop artist Chris Brown and numerous illegal sales of federally protected tamarins.
California Court Affirms SPCAs Have Standing to Bring Civil Suits Against Animal Abusers
A California appellate court upheld a lower court’s finding that animal protection organizations have standing to bring civil actions under the California Corporations Code, allowing civil actions for an entity’s violation of “any law relating to or affecting animals.” The appeal was brought by the owner of a puppy mill after a lower court entered summary judgment in favor of the Caru Society for the Prevention of Cruelty to Animals in its case alleging that the defendant puppy mill had subjected dogs to cruel and unsanitary conditions.
A California appellate court upheld a lower court’s finding that animal protection organizations have standing to bring civil actions under the California Corporations Code, allowing civil actions for an entity’s violation of “any law relating to or affecting animals.” The appeal was brought by the owner of a puppy mill after a lower court entered summary judgment in favor of the Caru Society for the Prevention of Cruelty to Animals in its case alleging that the defendant puppy mill had subjected dogs to cruel and unsanitary conditions.
New York Appellate Court Denies Legal Personhood for Happy the Elephant
By a vote of 5-2, the New York Court of Appeals affirmed a lower court ruling that Happy the elephant cannot be treated as a legal person for purposes of habeas corpus. The ruling means that Happy, who was taken from the wild more than forty years ago, will continue to be confined solitarily at the Bronx Zoo rather than being rehomed to an accredited elephant sanctuary. The habeas petition was brought on Happy’s behalf by the Nonhuman Rights Project, and the New York court was the highest in an English-speaking jurisdiction to consider an animal personhood case.
By a vote of 5-2, the New York Court of Appeals affirmed a lower court ruling that Happy the elephant cannot be treated as a legal person for purposes of habeas corpus. The ruling means that Happy, who was taken from the wild more than forty years ago, will continue to be confined solitarily at the Bronx Zoo rather than being rehomed to an accredited elephant sanctuary. The habeas petition was brought on Happy’s behalf by the Nonhuman Rights Project, and the New York court was the highest in an English-speaking jurisdiction to consider an animal personhood case.
U.S. FWS Proposes ESA Regulatory Changes Regarding Species Reintroduction
The U.S. Fish and Wildlife Service (FWS) is proposing to revise Endangered Species Act regulations to allow for the reintroduction of experimental populations of threatened and endangered species into habitats outside their “historical range” due to necessity. FWS is accepting public comments on the proposed changes through August 8, 2022.
The U.S. Fish and Wildlife Service (FWS) is proposing to revise Endangered Species Act regulations to allow for the reintroduction of experimental populations of threatened and endangered species into habitats outside their “historical range” due to necessity. FWS is accepting public comments on the proposed changes through August 8, 2022.
U.S. FWS Proposes to Open Two National Wildlife Refuges to Hunting and Fishing
The U.S. Fish and Wildlife Service announced its intention to promulgate a rule that would allow hunting and fishing on two National Wildlife Refuges. FWS is accepting public comments on the proposed rule through August 8, 2022.
The U.S. Fish and Wildlife Service announced its intention to promulgate a rule that would allow hunting and fishing on two National Wildlife Refuges. FWS is accepting public comments on the proposed rule through August 8, 2022.
Legislative Updates
Pending Federal Actions
Bill Would Create Federal Grant Program for Projects that Enhance the “Blue Economy”
House Resolution 7970, the “Ocean Regional Opportunity and Innovation Act of 2022” would establish “Ocean Innovation Clusters” including a grant program and other programs to foster growth of the “Blue Economy,” which is defined as a range of “sustainable” industries that includes renewable energy development, but also offshore mining, seafood processing, and shellfish aquaculture. The bill has been referred to the House Committee on Natural Resources.
House Resolution 7970, the “Ocean Regional Opportunity and Innovation Act of 2022” would establish “Ocean Innovation Clusters” including a grant program and other programs to foster growth of the “Blue Economy,” which is defined as a range of “sustainable” industries that includes renewable energy development, but also offshore mining, seafood processing, and shellfish aquaculture. The bill has been referred to the House Committee on Natural Resources.
Pending State Actions
Michigan Bill Would Update Existing Oversight of Restricted and Prohibited Wildlife Species
Michigan House Bill 6204 would amend the state’s Natural Resources and Environmental Protection Act by updating processes for adding or removing animals from the state’s list of prohibited or restricted species. The bill has been referred to the House Committee on Oversight.
Michigan House Bill 6204 would amend the state’s Natural Resources and Environmental Protection Act by updating processes for adding or removing animals from the state’s list of prohibited or restricted species. The bill has been referred to the House Committee on Oversight.
New Jersey Bill Would Expand Domestic Violence Definition to Include Some Animal Cruelty
New Jersey Assembly Bill 4229, the text of which has not yet been publicly published, would expand the definition of domestic violence to include acts of animal cruelty against the victim’s companion animal.
New Jersey Assembly Bill 4229, the text of which has not yet been publicly published, would expand the definition of domestic violence to include acts of animal cruelty against the victim’s companion animal.
Case Law Updates
Federal Case Law Updates
Federal Court Denies Pork Producers’ Attempt to Intervene in Case Challenging Elimination of Line-Speed Limits
The U.S. Court of Appeals for the Eighth Circuit affirmed a lower court’s ruling denying pork producers’ motion to intervene in a case brought by unionized workers challenging the U.S. Department of Agriculture’s rule eliminating pork processing line-speed limits. The lower court granted summary judgment in favor of plaintiff workers to aside the USDA rule and found that the pork producers’ motion was untimely.
The U.S. Court of Appeals for the Eighth Circuit affirmed a lower court’s ruling denying pork producers’ motion to intervene in a case brought by unionized workers challenging the U.S. Department of Agriculture’s rule eliminating pork processing line-speed limits. The lower court granted summary judgment in favor of plaintiff workers to aside the USDA rule and found that the pork producers’ motion was untimely.
Conservation Groups Sue U.S. FWS for Denying ESA Protections to Imperiled Snake
The Center for Biological Diversity and Hoosier Environmental Council sued the U.S. Fish and Wildlife Service for denying Endangered Species Act protections to the imperiled Kirtland’s snake. The lawsuit contends that agriculture and urbanization have destroyed much of the wetland habitats the snakes need to survive.
The Center for Biological Diversity and Hoosier Environmental Council sued the U.S. Fish and Wildlife Service for denying Endangered Species Act protections to the imperiled Kirtland’s snake. The lawsuit contends that agriculture and urbanization have destroyed much of the wetland habitats the snakes need to survive.
Trafficker Who Illegally Sold Monkey to Hip Hop Star Chris Brown Sentenced to Probation and House Arrest
A federal judge sentenced Jimmy Wayne Hammonds, also known as “The Monkey Whisperer,” to five years’ probation, eight months of house arrest, and a $90,000 fine in connection with criminal violations of the Endangered Species Act and Lacey Act to which Hammonds pleaded guilty in February 2022. Hammonds was indicted for federal wildlife crimes related to his trafficking in primates, including the illegal sale of a capuchin monkey to hip hop artist Chris Brown and numerous illegal sales of federally protected tamarins.
A federal judge sentenced Jimmy Wayne Hammonds, also known as “The Monkey Whisperer,” to five years’ probation, eight months of house arrest, and a $90,000 fine in connection with criminal violations of the Endangered Species Act and Lacey Act to which Hammonds pleaded guilty in February 2022. Hammonds was indicted for federal wildlife crimes related to his trafficking in primates, including the illegal sale of a capuchin monkey to hip hop artist Chris Brown and numerous illegal sales of federally protected tamarins.
State Case Law Updates
California Court Affirms SPCAs Have Standing to Bring Civil Suits Against Animal Abusers
A California appellate court upheld a lower court’s finding that animal protection organizations have standing to bring civil actions under the California Corporations Code, allowing civil actions for an entity’s violation of “any law relating to or affecting animals.” The appeal was brought by the owner of a puppy mill after a lower court entered summary judgment in favor of the Caru Society for the Prevention of Cruelty to Animals in its case alleging that the defendant puppy mill had subjected dogs to cruel and unsanitary conditions.
A California appellate court upheld a lower court’s finding that animal protection organizations have standing to bring civil actions under the California Corporations Code, allowing civil actions for an entity’s violation of “any law relating to or affecting animals.” The appeal was brought by the owner of a puppy mill after a lower court entered summary judgment in favor of the Caru Society for the Prevention of Cruelty to Animals in its case alleging that the defendant puppy mill had subjected dogs to cruel and unsanitary conditions.
New York Appellate Court Denies Legal Personhood for Happy the Elephant
By a vote of 5-2, the New York Court of Appeals affirmed a lower court ruling that Happy the elephant cannot be treated as a legal person for purposes of habeas corpus. The ruling means that Happy, who was taken from the wild more than forty years ago, will continue to be confined solitarily at the Bronx Zoo rather than being rehomed to an accredited elephant sanctuary. The habeas petition was brought on Happy’s behalf by the Nonhuman Rights Project, and the New York court was the highest in an English-speaking jurisdiction to consider an animal personhood case.
By a vote of 5-2, the New York Court of Appeals affirmed a lower court ruling that Happy the elephant cannot be treated as a legal person for purposes of habeas corpus. The ruling means that Happy, who was taken from the wild more than forty years ago, will continue to be confined solitarily at the Bronx Zoo rather than being rehomed to an accredited elephant sanctuary. The habeas petition was brought on Happy’s behalf by the Nonhuman Rights Project, and the New York court was the highest in an English-speaking jurisdiction to consider an animal personhood case.
Agency Updates
USDA Solicits Public Input on Information Collection About Bison Pathogen
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) published notice of its request for an extension of the approval of an information collection associated with the 2022 case control study for Mycoplasma bovis pathogen––which can cause bronchopneumonia, mastitis, and arthritis in U.S. bison herds. APHIS is collecting public comments through August 8, 2022.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) published notice of its request for an extension of the approval of an information collection associated with the 2022 case control study for Mycoplasma bovis pathogen––which can cause bronchopneumonia, mastitis, and arthritis in U.S. bison herds. APHIS is collecting public comments through August 8, 2022.
BLM Obtains Authorization to Harass Marine Mammals During Construction Project
The National Marine Fisheries Service published notice that it has issued an incidental harassment authorization (IHA) to the Bureau of Land Management for the incidental harassment of marine mammals during a lighthouse construction project in Humboldt County, California. The IHA is effective from June 1, 2022, through October 1, 2022.
The National Marine Fisheries Service published notice that it has issued an incidental harassment authorization (IHA) to the Bureau of Land Management for the incidental harassment of marine mammals during a lighthouse construction project in Humboldt County, California. The IHA is effective from June 1, 2022, through October 1, 2022.
U.S. FWS Proposes ESA Regulatory Changes Regarding Species Reintroduction
The U.S. Fish and Wildlife Service (FWS) is proposing to revise Endangered Species Act regulations to allow for the reintroduction of experimental populations of threatened and endangered species into habitats outside their “historical range” due to necessity. FWS is accepting public comments on the proposed changes through August 8, 2022.
The U.S. Fish and Wildlife Service (FWS) is proposing to revise Endangered Species Act regulations to allow for the reintroduction of experimental populations of threatened and endangered species into habitats outside their “historical range” due to necessity. FWS is accepting public comments on the proposed changes through August 8, 2022.
NOAA Proposes Marine Sanctuary in Hudson Canyon
The National Oceanic and Atmospheric Association (NOAA) published notice of its intent to conduct public scoping on a proposed national marine sanctuary one hundred miles off the coast of New York City. NOAA is accepting public comments through August 8, 2022.
The National Oceanic and Atmospheric Association (NOAA) published notice of its intent to conduct public scoping on a proposed national marine sanctuary one hundred miles off the coast of New York City. NOAA is accepting public comments through August 8, 2022.
USDA Proposes Regulatory Changes Relating to Disclosures for Poultry Producers
The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) published notice of its intent to revise the regulations relating to disclosures that live poultry dealers must furnish to poultry growers and sellers under the Packers and Stockyards Act of 1921. AMS is accepting public comments through August 8, 2022.
The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) published notice of its intent to revise the regulations relating to disclosures that live poultry dealers must furnish to poultry growers and sellers under the Packers and Stockyards Act of 1921. AMS is accepting public comments through August 8, 2022.
FDA Proposes Information Collection Relating to New Animal Drug Applications
The Food and Drug Administration (FDA) announced a proposed information collection relating to new animal drug application submissions. FDA is accepting public comments on the proposed information collection through July 8, 2022.
The Food and Drug Administration (FDA) announced a proposed information collection relating to new animal drug application submissions. FDA is accepting public comments on the proposed information collection through July 8, 2022.
NOAA Will Add Bering Sea to List of Potential National Marine Sanctuaries
The National Oceanic and Atmospheric Administration announced that, following a nomination by an Alaskan Native tribe, it has agreed to add the Alaĝum Kanuux area around the Pribilof Islands to the list of areas it may consider for designation as a national marine sanctuary. Alaĝum Kanuux, or “Heart of the Ocean,” provides habitat for Stellar sea lions, northern fur seals, and other marine life.
The National Oceanic and Atmospheric Administration announced that, following a nomination by an Alaskan Native tribe, it has agreed to add the Alaĝum Kanuux area around the Pribilof Islands to the list of areas it may consider for designation as a national marine sanctuary. Alaĝum Kanuux, or “Heart of the Ocean,” provides habitat for Stellar sea lions, northern fur seals, and other marine life.
NMFS Seeks Public Input on Proposed Plan to Monitor De-Listed Whales
The National Marine Fisheries Service (NMFS) announced the availability of an interim report on the monitoring of nine distinct population segments of humpback whales, following their removal from the Endangered Species List. NMFS is accepting public input on its proposed monitoring through July 11, 2022.
The National Marine Fisheries Service (NMFS) announced the availability of an interim report on the monitoring of nine distinct population segments of humpback whales, following their removal from the Endangered Species List. NMFS is accepting public input on its proposed monitoring through July 11, 2022.
Forest Service Announces Regulatory Change Pertaining to Unauthorized Grazing
The U.S. Department of Agriculture’s Forest Service announced adoption of a final rule to amend the existing regulations pertaining to unauthorized grazing. The new rule is effective August 8, 2022 and will allow for the “provision of an option to waive excess and unauthorized grazing fees when excess or unauthorized grazing is determined to be a result of unforeseen or uncontrollable circumstances.”
The U.S. Department of Agriculture’s Forest Service announced adoption of a final rule to amend the existing regulations pertaining to unauthorized grazing. The new rule is effective August 8, 2022 and will allow for the “provision of an option to waive excess and unauthorized grazing fees when excess or unauthorized grazing is determined to be a result of unforeseen or uncontrollable circumstances.”
NMFS Authorizes Chevron to Harass Marine Mammals Over a Two-Year Period
The National Marine Fisheries Service announced that it issued two consecutive incidental harassment authorizations to Chevron Products Company to harass marine mammals incidental to the removal of the Point Orient Wharf in San Francisco Bay, California. The authorizations are effective from June 1, 2022, through May 31, 2023, and from June 1, 2023, through May 31, 2024.
The National Marine Fisheries Service announced that it issued two consecutive incidental harassment authorizations to Chevron Products Company to harass marine mammals incidental to the removal of the Point Orient Wharf in San Francisco Bay, California. The authorizations are effective from June 1, 2022, through May 31, 2023, and from June 1, 2023, through May 31, 2024.
U.S. FWS Proposes to Open Two National Wildlife Refuges to Hunting and Fishing
The U.S. Fish and Wildlife Service announced its intention to promulgate a rule that would allow hunting and fishing on two National Wildlife Refuges. FWS is accepting public comments on the proposed rule through August 8, 2022.
The U.S. Fish and Wildlife Service announced its intention to promulgate a rule that would allow hunting and fishing on two National Wildlife Refuges. FWS is accepting public comments on the proposed rule through August 8, 2022.
California Foresters Seek Forty-Year Permit to Harm and Harass Protected Owls
The U.S. Fish and Wildlife Service (FWS) received an application from two professional foresters for a permit that would authorize the incidental take of protected northern spotted owls during timber management over a period of forty years in Mendocino County, California. FWS is accepting public comments through July 11, 2022.
The U.S. Fish and Wildlife Service (FWS) received an application from two professional foresters for a permit that would authorize the incidental take of protected northern spotted owls during timber management over a period of forty years in Mendocino County, California. FWS is accepting public comments through July 11, 2022.
U.S. FWS Seeks Public Input on Multiple ESA Permit Applications
The U.S. Fish and Wildlife Service (FWS) announced its receipt of several Endangered Species Act recovery permit applications that would allow the applicants to engage in otherwise prohibited activities for purposes of enhancing the survival of numerous protected species. FWS is accepting public comments on the applications through July 11, 2022.
The U.S. Fish and Wildlife Service (FWS) announced its receipt of several Endangered Species Act recovery permit applications that would allow the applicants to engage in otherwise prohibited activities for purposes of enhancing the survival of numerous protected species. FWS is accepting public comments on the applications through July 11, 2022.
Office of National Marine Sanctuaries Seeks Nominees for Various Advisory Positions
The National Oceanic and Atmospheric Administration’s Office of National Marine Sanctuaries announced that it is soliciting nominations for various non-governmental seats on different national marine sanctuary advisory councils.
The National Oceanic and Atmospheric Administration’s Office of National Marine Sanctuaries announced that it is soliciting nominations for various non-governmental seats on different national marine sanctuary advisory councils.