H.R. 7766, the “Trust the Science Act,” would require the Department of the Interior to reissue regulations to remove Endangered Species Act protections for the gray wolf. The bill, which was introduced by Representative Lauren Boebert and referred to the House Committee on Natural Resources, also would exempt the proposed revisions from judicial review.
Case Law Updates
Pending Federal Actions
Bill Would Remove Endangered Species Act Protections for Gray Wolves
Enacted Municipal Actions
Plymouth, Massachusetts Passes Ban on Fur Products
The Town of Plymouth, Massachusetts enacted Article 20, which prohibits the sales of fur products in the jurisdiction. Plymouth joins a growing list of municipalities that have enacted such bans, including Brookline, Wellesley, and Weston, Massachusetts, and several localities in Michigan, Florida, and California.
The Town of Plymouth, Massachusetts enacted Article 20, which prohibits the sales of fur products in the jurisdiction. Plymouth joins a growing list of municipalities that have enacted such bans, including Brookline, Wellesley, and Weston, Massachusetts, and several localities in Michigan, Florida, and California.
Dallas Passes Ban on Sale of Dogs and Cats by Pet Stores
The City of Dallas, Texas enacted a new ordinance that prohibits the sale of dogs and cats by pet stores and provides penalties for stores that offer dogs and cats other than those who are available for adoption.
The City of Dallas, Texas enacted a new ordinance that prohibits the sale of dogs and cats by pet stores and provides penalties for stores that offer dogs and cats other than those who are available for adoption.
Federal Court Updates
Groups Sue Over USDA Secret Inspection Policy for Animal Laboratories
Harvard Law School’s Animal Law & Policy Clinic, representing Rise for Animals and the Animal Legal Defense Fund, filed a lawsuit challenging a secret policy of the United States Department of Agriculture (USDA) that evades its statutory obligation to conduct annual full inspections of research facilities that use animals under the Animal Welfare Act.
Harvard Law School’s Animal Law & Policy Clinic, representing Rise for Animals and the Animal Legal Defense Fund, filed a lawsuit challenging a secret policy of the United States Department of Agriculture (USDA) that evades its statutory obligation to conduct annual full inspections of research facilities that use animals under the Animal Welfare Act.
Federal Judge Rules Safari Club International, the NRA, and other Hunting Groups May Not Intervene in Suit Challenging Trump-Era Expansion of Hunting and Fishing
A federal judge has ruled that Safari Club International, the NRA, the Sportsmen’s Alliance Foundation, and the Rocky Mountain Elk Foundation may not intervene in a suit brought by the Center for Biological Diversity challenging a rule that expanded hunting and fishing in national wildlife refuges in Montana, Arizona, Texas, Florida, Kansas, Indiana, and South Dakota. The judge found that “[t]he mere possibility that this lawsuit could lead to eventual limitations on hunting and fishing opportunities and access — limitations that were long the status quo — is insufficient to satisfy the 'direct, non-contingent, substantial and legally protectable interest required for intervention as a matter of right.’”
A federal judge has ruled that Safari Club International, the NRA, the Sportsmen’s Alliance Foundation, and the Rocky Mountain Elk Foundation may not intervene in a suit brought by the Center for Biological Diversity challenging a rule that expanded hunting and fishing in national wildlife refuges in Montana, Arizona, Texas, Florida, Kansas, Indiana, and South Dakota. The judge found that “[t]he mere possibility that this lawsuit could lead to eventual limitations on hunting and fishing opportunities and access — limitations that were long the status quo — is insufficient to satisfy the 'direct, non-contingent, substantial and legally protectable interest required for intervention as a matter of right.’”
U.S. Supreme Court Declines Review of Decision Overturning Kansas Ag-Gag Law
The U.S. Supreme Court declined to review the Tenth Circuit Court of Appeals’ permanent injunction preventing enforcement of the Kansas Ag-Gag law aimed at punishing undercover animal cruelty investigations on factory farms. The Supreme Court’s refusal to hear the appeal by the state of Kansas is a victory for the Animal Legal Defense Fund, the Center for Food Safety, Shy 38, Inc., and Hope Sanctuary, which successfully argued that Kansas’ Ag-Gag law violated the First Amendment. The Kansas statute was the first state Ag-Gag law passed in 1990.
The U.S. Supreme Court declined to review the Tenth Circuit Court of Appeals’ permanent injunction preventing enforcement of the Kansas Ag-Gag law aimed at punishing undercover animal cruelty investigations on factory farms. The Supreme Court’s refusal to hear the appeal by the state of Kansas is a victory for the Animal Legal Defense Fund, the Center for Food Safety, Shy 38, Inc., and Hope Sanctuary, which successfully argued that Kansas’ Ag-Gag law violated the First Amendment. The Kansas statute was the first state Ag-Gag law passed in 1990.
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.
Advocacy Groups Move for Summary Judgment in Case Challenging Inhumane Treatment of Live Birds in Slaughterhouses
The Animal Welfare Institute and Farm Sanctuary, represented by Harvard Law School’s Animal Law & Policy Clinic, filed a motion for summary judgment in their case challenging the U.S. Department of Agriculture’s refusal to promulgate regulations banning the inhumane treatment of live birds at slaughterhouses. Plaintiffs argue that inhumane treatment of live birds leads to adulterated meats, the sale of which is illegal under the Poultry Products Inspection Act.
The Animal Welfare Institute and Farm Sanctuary, represented by Harvard Law School’s Animal Law & Policy Clinic, filed a motion for summary judgment in their case challenging the U.S. Department of Agriculture’s refusal to promulgate regulations banning the inhumane treatment of live birds at slaughterhouses. Plaintiffs argue that inhumane treatment of live birds leads to adulterated meats, the sale of which is illegal under the Poultry Products Inspection Act.
Federal Court Grants Justice Department’s Request for Temporary Restraining Order Against Dealer Who Supplies Beagles for Animal Experiments
The U.S. District Court for the Western District of Virginia granted the U.S. Department of Justice’s (DOJ) request for an ex parte temporary restraining order (TRO) against Envigo, LLC, a company that breeds and sells beagles for use in experiments. The DOJ sought the TRO, which prohibits Envigo from “breeding, selling, or otherwise dealing” beagles after documenting the company’s “serious and ongoing violations of the Animal Welfare Act,” including the deaths of 300 beagle puppies at Envigo’s Cumberland, Virginia facility.
The U.S. District Court for the Western District of Virginia granted the U.S. Department of Justice’s (DOJ) request for an ex parte temporary restraining order (TRO) against Envigo, LLC, a company that breeds and sells beagles for use in experiments. The DOJ sought the TRO, which prohibits Envigo from “breeding, selling, or otherwise dealing” beagles after documenting the company’s “serious and ongoing violations of the Animal Welfare Act,” including the deaths of 300 beagle puppies at Envigo’s Cumberland, Virginia facility.
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.
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.
Costco Shareholders Sue Executives for Neglect of Chickens
Two Costco shareholders filed a derivative action against company executives for violating their fiduciary duty and facilitating the company’s violations of Nebraska and Iowa laws against livestock neglect. The complaint alleges that chickens used by Costco are bred to grow to the point that they are unable to stand under their own weight and are rendered unable to access food or water. Plaintiffs are represented by Adam Karp and Legal Impact for Chickens, and conditions were revealed by an undercover investigation conducted by Mercy for Animals.
Two Costco shareholders filed a derivative action against company executives for violating their fiduciary duty and facilitating the company’s violations of Nebraska and Iowa laws against livestock neglect. The complaint alleges that chickens used by Costco are bred to grow to the point that they are unable to stand under their own weight and are rendered unable to access food or water. Plaintiffs are represented by Adam Karp and Legal Impact for Chickens, and conditions were revealed by an undercover investigation conducted by Mercy for Animals.
State Court Updates
9th Circuit Upholds California’s Ban on Sales of Foie Gras with Limited Exception
The U.S. Court of Appeals for the Ninth Circuit upheld California’s ban on the sales of foie gras, holding that the prohibition is neither preempted by the federal Poultry Products Inspection Act nor unconstitutional under the dormant Commerce Clause. In its decision, the Ninth Circuit also affirmed that the sales ban does not prohibit Californians from ordering foie gras from out-of-state suppliers for personal consumption.
The U.S. Court of Appeals for the Ninth Circuit upheld California’s ban on the sales of foie gras, holding that the prohibition is neither preempted by the federal Poultry Products Inspection Act nor unconstitutional under the dormant Commerce Clause. In its decision, the Ninth Circuit also affirmed that the sales ban does not prohibit Californians from ordering foie gras from out-of-state suppliers for personal consumption.
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 Intends to Re-Establish Meat and Poultry Inspection Advisory Committee
The U.S. Department of Agriculture (USDA) published notice of its intent to re-establish its National Advisory Committee on Meat and Poultry Inspection for a period of two years. The committee’s purpose is to advise the Secretary of Agriculture on state and federal meat and poultry programs and other matters that fall within the scope of the Federal Meat Inspection Act and the Poultry Products Inspection Act.
The U.S. Department of Agriculture (USDA) published notice of its intent to re-establish its National Advisory Committee on Meat and Poultry Inspection for a period of two years. The committee’s purpose is to advise the Secretary of Agriculture on state and federal meat and poultry programs and other matters that fall within the scope of the Federal Meat Inspection Act and the Poultry Products Inspection Act.
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.
EPA’s Internal Auditing Department Launches Investigation into Agency’s Failure to Address Seresto Flea Collar Complaints
The Environmental Protection Agency (EPA) announced that its Office of the Inspector General is investigating whether the agency violated federal law by failing to take action on the Seresto flea collar linked to thousands of pet deaths. The EPA has not put in place a single protective measure or notified the public about any concerns associated with the product despite more than 98,000 consumer complaints linking the flea collar to harm in companion animals, including more than 2,500 reported deaths, and at least 900 complaints about harm to humans.
The Environmental Protection Agency (EPA) announced that its Office of the Inspector General is investigating whether the agency violated federal law by failing to take action on the Seresto flea collar linked to thousands of pet deaths. The EPA has not put in place a single protective measure or notified the public about any concerns associated with the product despite more than 98,000 consumer complaints linking the flea collar to harm in companion animals, including more than 2,500 reported deaths, and at least 900 complaints about harm to humans.
CDC Prepares to Modify Suspension on Import of Dogs from High-Risk Countries for Rabies
The Centers for Disease Control and Prevention (CDC) announced new rules for the import of dogs from countries that are designated as high-risk for rabies. The CDC states that while the agency is “modifying the terms of the suspension to allow more dog importations, a suspension remains necessary to protect the public's health against the reintroduction of the canine rabies virus variant (CRVV) into the United States.” The new rules become effective on June 10, 2022.
The Centers for Disease Control and Prevention (CDC) announced new rules for the import of dogs from countries that are designated as high-risk for rabies. The CDC states that while the agency is “modifying the terms of the suspension to allow more dog importations, a suspension remains necessary to protect the public's health against the reintroduction of the canine rabies virus variant (CRVV) into the United States.” The new rules become effective on June 10, 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.
International Updates
Quintana Roo, Mexico Passes Legislation to Curtail Exploitation of Captive Exotic Animals
Officials in the Mexican State of Quintana Roo voted unanimously to pass a ban on the exhibition of captive wild animals in public spaces. The ban was urged to curtail practices like cub-petting, and address the overbreeding of captive big cats to maintain a constant supply of cubs to offer for the lucrative public contact sessions.
Officials in the Mexican State of Quintana Roo voted unanimously to pass a ban on the exhibition of captive wild animals in public spaces. The ban was urged to curtail practices like cub-petting, and address the overbreeding of captive big cats to maintain a constant supply of cubs to offer for the lucrative public contact sessions.
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.
Researchers Identify Key Opportunities to Improve Farmed Animal Welfare in China
Sinclair M, Lee HP, Chen M, Li X, Mi J, Chen S and Marchant JN (2022) Opportunities for the Progression of Farm Animal Welfare in China. Front. Anim. Sci. 3:893772. doi: 10.3389/fanim.2022.893772.
Sinclair M, Lee HP, Chen M, Li X, Mi J, Chen S and Marchant JN (2022) Opportunities for the Progression of Farm Animal Welfare in China. Front. Anim. Sci. 3:893772. doi: 10.3389/fanim.2022.893772.
2nd Quarter 2022 Highlights