Pennsylvania House Bill 2911 would prohibit dealers and kennels from importing or selling dogs who were bred by a person that has been cited for certain federal Animal Welfare Act (AWA) noncompliances and would provide whistleblower protection for those reporting AWA noncompliances. The bill has been referred to the House Committee on Agriculture and Rural Affairs.
This Week's Spotlights
Pending State Actions
Pennsylvania Bill Would Prevent Certain AWA Violators from Selling Dogs in the State
Pennsylvania Considers Beagle Freedom Bill
Pennsylvania House Bill 2912, the “Beagle Freedom Act,” would prohibit the importation and sales of dogs bred by individuals who have certain Animal Welfare Act noncompliances and additionally would require research facilities to offer dogs and cats for adoption when they no longer are being used. As of October 2022, thirteen states already have enacted “Beagle Freedom Bills” requiring animal experimenters and research facilities to make dogs and cats available for adoption. The bill has been referred to the House Committee on Agriculture and Rural Affairs.
Pennsylvania House Bill 2912, the “Beagle Freedom Act,” would prohibit the importation and sales of dogs bred by individuals who have certain Animal Welfare Act noncompliances and additionally would require research facilities to offer dogs and cats for adoption when they no longer are being used. As of October 2022, thirteen states already have enacted “Beagle Freedom Bills” requiring animal experimenters and research facilities to make dogs and cats available for adoption. The bill has been referred to the House Committee on Agriculture and Rural Affairs.
Enacted Municipal Actions
Maui Ordinance Limits Outdoor Blue Light Use to Protect Birds and Turtles
Maui Mayor, Michael Victorino, signed Bill 21, an ordinance which limits the blue light content in outdoor fixtures to two percent or less in order to protect Hawai’i’s threatened and endangered sea birds and sea turtles who become disoriented by artificial light, leading to preventable injuries and deaths. The bill, which becomes enforceable July 1, 2023, also prohibits lights from being directed upward.
Maui Mayor, Michael Victorino, signed Bill 21, an ordinance which limits the blue light content in outdoor fixtures to two percent or less in order to protect Hawai’i’s threatened and endangered sea birds and sea turtles who become disoriented by artificial light, leading to preventable injuries and deaths. The bill, which becomes enforceable July 1, 2023, also prohibits lights from being directed upward.
Case Law Spotlights - Federal Court
Federal Judge Rules Against Farmed Animal Advocates in Poultry Case
A federal judge in the Western District of New York ruled that plaintiffs Animal Welfare Institute and Farm Sanctuary lacked standing to bring their lawsuit against the U.S. Department of Agriculture (USDA). Plaintiffs had argued that the USDA violated the Administrative Procedure Act by previously denying their petitions. The petitions called for the USDA to promulgate regulations for more humane treatment of poultry to reduce resultant contamination in poultry products. The judge additionally found that the USDA’s denial of Plaintiffs’ petitions was “reasoned” and “considered the factors relevant to poultry adulteration.” Plaintiffs were represented by the Harvard Law School’s Animal Law & Policy Clinic.
A federal judge in the Western District of New York ruled that plaintiffs Animal Welfare Institute and Farm Sanctuary lacked standing to bring their lawsuit against the U.S. Department of Agriculture (USDA). Plaintiffs had argued that the USDA violated the Administrative Procedure Act by previously denying their petitions. The petitions called for the USDA to promulgate regulations for more humane treatment of poultry to reduce resultant contamination in poultry products. The judge additionally found that the USDA’s denial of Plaintiffs’ petitions was “reasoned” and “considered the factors relevant to poultry adulteration.” Plaintiffs were represented by the Harvard Law School’s Animal Law & Policy Clinic.
Case Law Spotlights - State Court
Tyson Foods Agrees to Pay $10.5 Million to Settle Washington AG’s Poultry Price-Fixing Suit
Tyson Foods, the country’s largest chicken producer, Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (“Tyson Defendants”) agreed to pay $10.5 million as a result of the State of Washington’s price-fixing lawsuit which accused the Tyson Defendants, Pilgrim’s Pride Corp., Sanderson Farms, Inc., Perdue Farms, Inc., Foster Farms, LLC, and fifteen other poultry producers of engaging in illegal anticompetitive conduct to manipulate supply and pricing since at least 2008. The Tyson settlement is the third and largest resolution in the state’s antitrust lawsuit against broiler chicken producers. Claims against sixteen companies continue.
Tyson Foods, the country’s largest chicken producer, Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (“Tyson Defendants”) agreed to pay $10.5 million as a result of the State of Washington’s price-fixing lawsuit which accused the Tyson Defendants, Pilgrim’s Pride Corp., Sanderson Farms, Inc., Perdue Farms, Inc., Foster Farms, LLC, and fifteen other poultry producers of engaging in illegal anticompetitive conduct to manipulate supply and pricing since at least 2008. The Tyson settlement is the third and largest resolution in the state’s antitrust lawsuit against broiler chicken producers. Claims against sixteen companies continue.
D.C. Superior Court Allows Gestation Crate Case Against Smithfield Foods to Proceed
The District of Columbia Superior Court denied Smithfield Foods’ Motion to Dismiss a lawsuit brought by the Humane Society of the United States challenging Smithfield’s alleged misrepresentations to customers about how it treats mother pigs in its pork supply chain. The court found that Smithfield’s statements about eliminating the use of gestation crates when it has not followed through “could mislead a reasonable consumer to believe that [Smithfield] no longer uses [gestation] crates during the breeding process which it admittedly still does.” Smithfield is the world's largest pork producer.
The District of Columbia Superior Court denied Smithfield Foods’ Motion to Dismiss a lawsuit brought by the Humane Society of the United States challenging Smithfield’s alleged misrepresentations to customers about how it treats mother pigs in its pork supply chain. The court found that Smithfield’s statements about eliminating the use of gestation crates when it has not followed through “could mislead a reasonable consumer to believe that [Smithfield] no longer uses [gestation] crates during the breeding process which it admittedly still does.” Smithfield is the world's largest pork producer.
Conservation Groups Challenge Montana Wolf Hunting and Trapping Policies
Conservation groups WildEarth Guardians and Project Coyote filed a lawsuit in Montana State Court claiming that the state’s wolf hunting and trapping policies violate the Montana Constitution, Montana Administrative Procedure Act, Public Trust Doctrine, and several federal wildlife protection laws. The lawsuit alleges that the State of Montana, the Montana Department of Fish, Wildlife, and Parks, and the Montana Fish and Wildlife Commission are violating the law by relying on insufficient scientific data and allowing the killing of about 40% of the state’s wolf population in the upcoming winter. Plaintiffs are seeking declaratory and injunctive relief.
Conservation groups WildEarth Guardians and Project Coyote filed a lawsuit in Montana State Court claiming that the state’s wolf hunting and trapping policies violate the Montana Constitution, Montana Administrative Procedure Act, Public Trust Doctrine, and several federal wildlife protection laws. The lawsuit alleges that the State of Montana, the Montana Department of Fish, Wildlife, and Parks, and the Montana Fish and Wildlife Commission are violating the law by relying on insufficient scientific data and allowing the killing of about 40% of the state’s wolf population in the upcoming winter. Plaintiffs are seeking declaratory and injunctive relief.
Agency Spotlights
FWS Finalizes ESA Protection for Emperor Penguins
The U.S. Fish & Wildlife Service (FWS) announced a final rule providing Endangered Species Act (ESA) protection to the emperor penguin as a threatened species. FWS found that climate change is the greatest threat to the emperor penguin and thus extended prohibitions for endangered wildlife to the emperor penguin, under Section 4(d) of the ESA. The decision is notable given FWS’ prior refusal to take climate change into account when making listing decisions for other Arctic species reliant upon sea ice. The new ESA rule is effective November 28, 2022.
The U.S. Fish & Wildlife Service (FWS) announced a final rule providing Endangered Species Act (ESA) protection to the emperor penguin as a threatened species. FWS found that climate change is the greatest threat to the emperor penguin and thus extended prohibitions for endangered wildlife to the emperor penguin, under Section 4(d) of the ESA. The decision is notable given FWS’ prior refusal to take climate change into account when making listing decisions for other Arctic species reliant upon sea ice. The new ESA rule is effective November 28, 2022.
Coalition Petitions EPA to Regulate Waste from Concentrated Animal Feeding Operations
A coalition of over 50 environmental and community groups petitioned the Environmental Protection Agency (EPA) to adopt a presumption that large Concentrated Animal Feeding Operations (CAFOs) using wet manure management systems discharge pollutants under the Clean Water Act (CWA). The groups argue that CAFOs are improperly avoiding regulation for polluting waters and should be subject to the CWA’s permitting requirements. The petition claims “environmental regulations have not kept pace with the transformation of the meat and dairy industry, leaving a significant number of industrial facilities largely unregulated.”
A coalition of over 50 environmental and community groups petitioned the Environmental Protection Agency (EPA) to adopt a presumption that large Concentrated Animal Feeding Operations (CAFOs) using wet manure management systems discharge pollutants under the Clean Water Act (CWA). The groups argue that CAFOs are improperly avoiding regulation for polluting waters and should be subject to the CWA’s permitting requirements. The petition claims “environmental regulations have not kept pace with the transformation of the meat and dairy industry, leaving a significant number of industrial facilities largely unregulated.”
NMFS Receives Petition to Temporarily Close Red King Crab Savings Area in Alaska
The National Marine Fisheries Service (NMFS) received a petition for emergency rulemaking under the Magnuson-Stevens Fishery Conservation and Management Act from the Alaska Bering Sea Crabbers. This petition requests NMFS take action to close the Red King Crab Savings Area and Red King Crab Savings Subarea to all fishing gear to protect Bristol Bay red king crab and their habitat at a time of historically low crab abundance from January 1, 2023, to June 30, 2023. NMFS will accept public input on the petition for emergency rulemaking through December 5, 2022.
The National Marine Fisheries Service (NMFS) received a petition for emergency rulemaking under the Magnuson-Stevens Fishery Conservation and Management Act from the Alaska Bering Sea Crabbers. This petition requests NMFS take action to close the Red King Crab Savings Area and Red King Crab Savings Subarea to all fishing gear to protect Bristol Bay red king crab and their habitat at a time of historically low crab abundance from January 1, 2023, to June 30, 2023. NMFS will accept public input on the petition for emergency rulemaking through December 5, 2022.
International Spotlights
Mexican Congress Approves Ban on Dolphin Shows and Swim-With-Dolphins Experiences
The Mexican Chamber of Deputies, one of the country’s bicameral legislative bodies, approved an amendment to the country’s General Wildlife Law providing that “the use of specimens of marine mammals in fixed or itinerant shows is prohibited, as well as any activity whose purpose is not scientific research for their conservation.” Many of Mexico’s captive marine mammals are located in tourist towns in Quintana Roo. The amendment has been referred to the Senate of the Republic.
The Mexican Chamber of Deputies, one of the country’s bicameral legislative bodies, approved an amendment to the country’s General Wildlife Law providing that “the use of specimens of marine mammals in fixed or itinerant shows is prohibited, as well as any activity whose purpose is not scientific research for their conservation.” Many of Mexico’s captive marine mammals are located in tourist towns in Quintana Roo. The amendment has been referred to the Senate of the Republic.
Academic Spotlights
New Scholarship Documents Negative Welfare Impacts of Cub-Petting on Lions
A new peer-reviewed study, Chorney, S.; DeFalco, A.; Jacquet, J.; LaFrance, C.; Lary, M.; Pirker, H.; Franks, B., Poor Welfare Indicators and Husbandry Practices at Lion (Panthera Leo) “Cub-Petting” Facilities: Evidence from Public YouTube Videos, Animals 2022, 12, 2767, documents animal welfare concerns associated with lion cub-petting in South Africa. Researchers found that cub-petting creates acute negative welfare impacts on the cats, as documented by the lions’ stress behaviors and stereotypies.
A new peer-reviewed study, Chorney, S.; DeFalco, A.; Jacquet, J.; LaFrance, C.; Lary, M.; Pirker, H.; Franks, B., Poor Welfare Indicators and Husbandry Practices at Lion (Panthera Leo) “Cub-Petting” Facilities: Evidence from Public YouTube Videos, Animals 2022, 12, 2767, documents animal welfare concerns associated with lion cub-petting in South Africa. Researchers found that cub-petting creates acute negative welfare impacts on the cats, as documented by the lions’ stress behaviors and stereotypies.
Legislative Updates
Pending Federal Actions
Bill Would Authorize Grants to Address Chemical Contamination of Livestock Facilities
Senate Bill 5070 would authorize the Secretary of Agriculture to provide grants to states to address contamination by perfluoroalkyl and polyfluoroalkyl substances (“PFAS”) on farms. States that receive funding could allocate it for a variety of purposes, including for research on “the use of livestock systems to mitigate exposure to, and for remediation of, PFAS.” The bill was introduced by Senator Angus King and has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
Senate Bill 5070 would authorize the Secretary of Agriculture to provide grants to states to address contamination by perfluoroalkyl and polyfluoroalkyl substances (“PFAS”) on farms. States that receive funding could allocate it for a variety of purposes, including for research on “the use of livestock systems to mitigate exposure to, and for remediation of, PFAS.” The bill was introduced by Senator Angus King and has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
Pending State Actions
Montana Bill Would Generally Revise State Hunting License Laws
Montana LC0784 would revise laws relating to hunting licenses. The text of the bill has not yet been made publicly available.
Montana LC0784 would revise laws relating to hunting licenses. The text of the bill has not yet been made publicly available.
Kentucky Bill Would Eliminate Parental Permission Requirement for Youth Hunting Licenses
Kentucky Draft Bill Request 356 would amend the state’s hunting license laws, including by removing the requirement that a person under 16 have the permission of his or her parent, guardian, or custodian to obtain a youth statewide hunting license. The bill has not yet been assigned to a committee.
Kentucky Draft Bill Request 356 would amend the state’s hunting license laws, including by removing the requirement that a person under 16 have the permission of his or her parent, guardian, or custodian to obtain a youth statewide hunting license. The bill has not yet been assigned to a committee.
Pennsylvania Bill Would Prevent Certain AWA Violators from Selling Dogs in the State
Pennsylvania House Bill 2911 would prohibit dealers and kennels from importing or selling dogs who were bred by a person that has been cited for certain federal Animal Welfare Act (AWA) noncompliances and would provide whistleblower protection for those reporting AWA noncompliances. The bill has been referred to the House Committee on Agriculture and Rural Affairs.
Pennsylvania House Bill 2911 would prohibit dealers and kennels from importing or selling dogs who were bred by a person that has been cited for certain federal Animal Welfare Act (AWA) noncompliances and would provide whistleblower protection for those reporting AWA noncompliances. The bill has been referred to the House Committee on Agriculture and Rural Affairs.
Pennsylvania Considers Beagle Freedom Bill
Pennsylvania House Bill 2912, the “Beagle Freedom Act,” would prohibit the importation and sales of dogs bred by individuals who have certain Animal Welfare Act noncompliances and additionally would require research facilities to offer dogs and cats for adoption when they no longer are being used. As of October 2022, thirteen states already have enacted “Beagle Freedom Bills” requiring animal experimenters and research facilities to make dogs and cats available for adoption. The bill has been referred to the House Committee on Agriculture and Rural Affairs.
Pennsylvania House Bill 2912, the “Beagle Freedom Act,” would prohibit the importation and sales of dogs bred by individuals who have certain Animal Welfare Act noncompliances and additionally would require research facilities to offer dogs and cats for adoption when they no longer are being used. As of October 2022, thirteen states already have enacted “Beagle Freedom Bills” requiring animal experimenters and research facilities to make dogs and cats available for adoption. The bill has been referred to the House Committee on Agriculture and Rural Affairs.
Enacted Municipal Actions
Maui Ordinance Limits Outdoor Blue Light Use to Protect Birds and Turtles
Maui Mayor, Michael Victorino, signed Bill 21, an ordinance which limits the blue light content in outdoor fixtures to two percent or less in order to protect Hawai’i’s threatened and endangered sea birds and sea turtles who become disoriented by artificial light, leading to preventable injuries and deaths. The bill, which becomes enforceable July 1, 2023, also prohibits lights from being directed upward.
Maui Mayor, Michael Victorino, signed Bill 21, an ordinance which limits the blue light content in outdoor fixtures to two percent or less in order to protect Hawai’i’s threatened and endangered sea birds and sea turtles who become disoriented by artificial light, leading to preventable injuries and deaths. The bill, which becomes enforceable July 1, 2023, also prohibits lights from being directed upward.
Case Law Updates
Federal Court Updates
Conservationists Intend to Sue Over FWS Delay in Protecting Montana Fish
Conservation groups and a concerned Montanan delivered a notice of intent to sue the U.S. Fish & Wildlife Service (FWS) for denying Endangered Species Act protections for Montana’s Arctic grayling population. In 1994, FWS determined that the imperiled fish warranted listing as an endangered species, but the agency has delayed granting it federal protection. The Center for Biological Diversity, Western Watersheds Project, and Butte resident Pat Munday are represented by Earthjustice.
Conservation groups and a concerned Montanan delivered a notice of intent to sue the U.S. Fish & Wildlife Service (FWS) for denying Endangered Species Act protections for Montana’s Arctic grayling population. In 1994, FWS determined that the imperiled fish warranted listing as an endangered species, but the agency has delayed granting it federal protection. The Center for Biological Diversity, Western Watersheds Project, and Butte resident Pat Munday are represented by Earthjustice.
Settlement Requires FWS to Consider ESA Protection for Suckley’s Cuckoo Bumble Bee
The U.S. Fish & Wildlife Service (FWS) settled Endangered Species Act (ESA) litigation brought by the Center for Biological Diversity to protect the Suckley’s cuckoo bumblebee, which last was sighted in Oregon in 2017. Under the agreement, FWS agreed to determine whether Suckley’s cuckoo bumblebees warrant ESA protection by December 2024.
The U.S. Fish & Wildlife Service (FWS) settled Endangered Species Act (ESA) litigation brought by the Center for Biological Diversity to protect the Suckley’s cuckoo bumblebee, which last was sighted in Oregon in 2017. Under the agreement, FWS agreed to determine whether Suckley’s cuckoo bumblebees warrant ESA protection by December 2024.
Ohio Man Sentenced for Killing a Bald Eagle
David Huff of Dover, Ohio, was sentenced to one year of probation, payment of a $4,000 fine, and a $1,500 restitution payment to the United States Fish and Wildlife Service after he pleaded guilty to shooting and killing a bald eagle in violation of the Bald and Golden Eagle Protection Act. The Bald and Golden Eagle Protection Act prohibits anyone, without a permit, from harming bald or golden eagles.
David Huff of Dover, Ohio, was sentenced to one year of probation, payment of a $4,000 fine, and a $1,500 restitution payment to the United States Fish and Wildlife Service after he pleaded guilty to shooting and killing a bald eagle in violation of the Bald and Golden Eagle Protection Act. The Bald and Golden Eagle Protection Act prohibits anyone, without a permit, from harming bald or golden eagles.
Advocacy Group Sues FWS Over Delay in ESA Protections for Lesser Prairie Chickens
The Center for Biological Diversity (CBD) sued the U.S. Fish & Wildlife Service in connection with its delay in finalizing Endangered Species Act protections for lesser prairie chickens in Texas, New Mexico, Oklahoma, Kansas, and Colorado. CBD is seeking declaratory judgment and injunctive relief.
The Center for Biological Diversity (CBD) sued the U.S. Fish & Wildlife Service in connection with its delay in finalizing Endangered Species Act protections for lesser prairie chickens in Texas, New Mexico, Oklahoma, Kansas, and Colorado. CBD is seeking declaratory judgment and injunctive relief.
Fourth Circuit Hears Oral Arguments on Whether Dumped Bycatch Is CWA Pollutant
The U.S. Court of Appeals for the Fourth Circuit heard oral arguments in the appeal of a case brought by North Carolina Coastal Fisheries Reform Group and concerned citizens against corporate fishing trawlers. Plaintiffs argue that dead fish should be considered a pollutant for purposes of the Clean Water Act (CWA) and that fishing trawlers that dislodge dead fish into North Carolina's waterways as part of their bycatch should be held accountable for violating the CWA. A lower court had granted the defendant trawlers’ motion to dismiss for failure to state a claim.
The U.S. Court of Appeals for the Fourth Circuit heard oral arguments in the appeal of a case brought by North Carolina Coastal Fisheries Reform Group and concerned citizens against corporate fishing trawlers. Plaintiffs argue that dead fish should be considered a pollutant for purposes of the Clean Water Act (CWA) and that fishing trawlers that dislodge dead fish into North Carolina's waterways as part of their bycatch should be held accountable for violating the CWA. A lower court had granted the defendant trawlers’ motion to dismiss for failure to state a claim.
Advocacy Group Sues NMFS for Failing to Protect Humpback Whales from Fishing Nets
The Center for Biological Diversity (CBD) sued the National Marine Fisheries Service for allegedly violating the Endangered Species Act by failing to protect endangered Pacific humpback whales from entanglements in California drift gillnets. In the past two fishing seasons an estimated twelve Pacific humpbacks were caught in the California drift gillnet fishery. CBD is seeking declaratory judgment and injunctive relief.
The Center for Biological Diversity (CBD) sued the National Marine Fisheries Service for allegedly violating the Endangered Species Act by failing to protect endangered Pacific humpback whales from entanglements in California drift gillnets. In the past two fishing seasons an estimated twelve Pacific humpbacks were caught in the California drift gillnet fishery. CBD is seeking declaratory judgment and injunctive relief.
Conservation Groups Intend to Sue FWS for Failing to Protect the Streak Horned Lark
The Center for Biological Diversity and the Audubon Society of Portland delivered an Endangered Species Act notice of intent to sue the U.S. Fish & Wildlife Service (FWS) to better protect the streaked horned lark, a bird found in Washington and Oregon. FWS listed the streaked horned lark as threatened instead of endangered, affording it fewer protections and exempting all agricultural activities that are direct threats to its survival.
The Center for Biological Diversity and the Audubon Society of Portland delivered an Endangered Species Act notice of intent to sue the U.S. Fish & Wildlife Service (FWS) to better protect the streaked horned lark, a bird found in Washington and Oregon. FWS listed the streaked horned lark as threatened instead of endangered, affording it fewer protections and exempting all agricultural activities that are direct threats to its survival.
Federal Judge Rules Against Farmed Animal Advocates in Poultry Case
A federal judge in the Western District of New York ruled that plaintiffs Animal Welfare Institute and Farm Sanctuary lacked standing to bring their lawsuit against the U.S. Department of Agriculture (USDA). Plaintiffs had argued that the USDA violated the Administrative Procedure Act by previously denying their petitions. The petitions called for the USDA to promulgate regulations for more humane treatment of poultry to reduce resultant contamination in poultry products. The judge additionally found that the USDA’s denial of Plaintiffs’ petitions was “reasoned” and “considered the factors relevant to poultry adulteration.” Plaintiffs were represented by the Harvard Law School’s Animal Law & Policy Clinic.
A federal judge in the Western District of New York ruled that plaintiffs Animal Welfare Institute and Farm Sanctuary lacked standing to bring their lawsuit against the U.S. Department of Agriculture (USDA). Plaintiffs had argued that the USDA violated the Administrative Procedure Act by previously denying their petitions. The petitions called for the USDA to promulgate regulations for more humane treatment of poultry to reduce resultant contamination in poultry products. The judge additionally found that the USDA’s denial of Plaintiffs’ petitions was “reasoned” and “considered the factors relevant to poultry adulteration.” Plaintiffs were represented by the Harvard Law School’s Animal Law & Policy Clinic.
State Court Updates
Tyson Foods Agrees to Pay $10.5 Million to Settle Washington AG’s Poultry Price-Fixing Suit
Tyson Foods, the country’s largest chicken producer, Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (“Tyson Defendants”) agreed to pay $10.5 million as a result of the State of Washington’s price-fixing lawsuit which accused the Tyson Defendants, Pilgrim’s Pride Corp., Sanderson Farms, Inc., Perdue Farms, Inc., Foster Farms, LLC, and fifteen other poultry producers of engaging in illegal anticompetitive conduct to manipulate supply and pricing since at least 2008. The Tyson settlement is the third and largest resolution in the state’s antitrust lawsuit against broiler chicken producers. Claims against sixteen companies continue.
Tyson Foods, the country’s largest chicken producer, Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (“Tyson Defendants”) agreed to pay $10.5 million as a result of the State of Washington’s price-fixing lawsuit which accused the Tyson Defendants, Pilgrim’s Pride Corp., Sanderson Farms, Inc., Perdue Farms, Inc., Foster Farms, LLC, and fifteen other poultry producers of engaging in illegal anticompetitive conduct to manipulate supply and pricing since at least 2008. The Tyson settlement is the third and largest resolution in the state’s antitrust lawsuit against broiler chicken producers. Claims against sixteen companies continue.
D.C. Superior Court Allows Gestation Crate Case Against Smithfield Foods to Proceed
The District of Columbia Superior Court denied Smithfield Foods’ Motion to Dismiss a lawsuit brought by the Humane Society of the United States challenging Smithfield’s alleged misrepresentations to customers about how it treats mother pigs in its pork supply chain. The court found that Smithfield’s statements about eliminating the use of gestation crates when it has not followed through “could mislead a reasonable consumer to believe that [Smithfield] no longer uses [gestation] crates during the breeding process which it admittedly still does.” Smithfield is the world's largest pork producer.
The District of Columbia Superior Court denied Smithfield Foods’ Motion to Dismiss a lawsuit brought by the Humane Society of the United States challenging Smithfield’s alleged misrepresentations to customers about how it treats mother pigs in its pork supply chain. The court found that Smithfield’s statements about eliminating the use of gestation crates when it has not followed through “could mislead a reasonable consumer to believe that [Smithfield] no longer uses [gestation] crates during the breeding process which it admittedly still does.” Smithfield is the world's largest pork producer.
Conservation Groups Challenge Montana Wolf Hunting and Trapping Policies
Conservation groups WildEarth Guardians and Project Coyote filed a lawsuit in Montana State Court claiming that the state’s wolf hunting and trapping policies violate the Montana Constitution, Montana Administrative Procedure Act, Public Trust Doctrine, and several federal wildlife protection laws. The lawsuit alleges that the State of Montana, the Montana Department of Fish, Wildlife, and Parks, and the Montana Fish and Wildlife Commission are violating the law by relying on insufficient scientific data and allowing the killing of about 40% of the state’s wolf population in the upcoming winter. Plaintiffs are seeking declaratory and injunctive relief.
Conservation groups WildEarth Guardians and Project Coyote filed a lawsuit in Montana State Court claiming that the state’s wolf hunting and trapping policies violate the Montana Constitution, Montana Administrative Procedure Act, Public Trust Doctrine, and several federal wildlife protection laws. The lawsuit alleges that the State of Montana, the Montana Department of Fish, Wildlife, and Parks, and the Montana Fish and Wildlife Commission are violating the law by relying on insufficient scientific data and allowing the killing of about 40% of the state’s wolf population in the upcoming winter. Plaintiffs are seeking declaratory and injunctive relief.
Agency Updates
NMFS Reopens Public Comment Period on Makah Tribe’s Request to Hunt Gray Whales
The National Marine Fisheries Service (NMFS) announced that it is reopening the public comment period on the Supplemental Draft Environmental Impact Statement on the Makah Tribe Request to Hunt Gray Whales. NMFS will accept public comments through November 3, 2022.
The National Marine Fisheries Service (NMFS) announced that it is reopening the public comment period on the Supplemental Draft Environmental Impact Statement on the Makah Tribe Request to Hunt Gray Whales. NMFS will accept public comments through November 3, 2022.
NMFS Accepting Public Comments on Permit Proposal for Atlantic Highly Migratory Species
The National Marine Fisheries Service (NMFS) announced its intent in 2023 to issue a variety of permits that would authorize the collection of a limited number of Atlantic highly migratory species (HMS). The permits would cover collection of HMS including tunas, swordfish, billfishes, and sharks, from federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for purposes of scientific research, data collection, investigation of bycatch, and public display, among other things. NMFS is accepting public comments through November 25, 2022.
The National Marine Fisheries Service (NMFS) announced its intent in 2023 to issue a variety of permits that would authorize the collection of a limited number of Atlantic highly migratory species (HMS). The permits would cover collection of HMS including tunas, swordfish, billfishes, and sharks, from federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for purposes of scientific research, data collection, investigation of bycatch, and public display, among other things. NMFS is accepting public comments through November 25, 2022.
FWS Finalizes ESA Protection for Emperor Penguins
The U.S. Fish & Wildlife Service (FWS) announced a final rule providing Endangered Species Act (ESA) protection to the emperor penguin as a threatened species. FWS found that climate change is the greatest threat to the emperor penguin and thus extended prohibitions for endangered wildlife to the emperor penguin, under Section 4(d) of the ESA. The decision is notable given FWS’ prior refusal to take climate change into account when making listing decisions for other Arctic species reliant upon sea ice. The new ESA rule is effective November 28, 2022.
The U.S. Fish & Wildlife Service (FWS) announced a final rule providing Endangered Species Act (ESA) protection to the emperor penguin as a threatened species. FWS found that climate change is the greatest threat to the emperor penguin and thus extended prohibitions for endangered wildlife to the emperor penguin, under Section 4(d) of the ESA. The decision is notable given FWS’ prior refusal to take climate change into account when making listing decisions for other Arctic species reliant upon sea ice. The new ESA rule is effective November 28, 2022.
NMFS Considers MMPA Authorization for Take of Marine Mammals by Energy Company
The National Marine Fisheries Service (NMFS) received a request for an Incidental Take Regulation and associated Letter of Authorization from Ocean Wind, LLC for the incidental take of small numbers of marine mammals during the construction of an offshore wind energy facility in New Jersey. NMFS is accepting public comments on the application through November 25, 2022.
The National Marine Fisheries Service (NMFS) received a request for an Incidental Take Regulation and associated Letter of Authorization from Ocean Wind, LLC for the incidental take of small numbers of marine mammals during the construction of an offshore wind energy facility in New Jersey. NMFS is accepting public comments on the application through November 25, 2022.
FSIS Intends to Renew Information Collection for Permits for Inedible Materials
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced its intent to renew an approved information collection regarding applicants who want to obtain specimens of condemned or other inedible materials, including embryos and animal parasites, from official establishments. Regulations allow establishments to release specimens for educational, research, or other nonfood purposes under the permit issued by the inspector in charge. FSIS is accepting public comments on the ongoing information collection through December 27, 2022.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced its intent to renew an approved information collection regarding applicants who want to obtain specimens of condemned or other inedible materials, including embryos and animal parasites, from official establishments. Regulations allow establishments to release specimens for educational, research, or other nonfood purposes under the permit issued by the inspector in charge. FSIS is accepting public comments on the ongoing information collection through December 27, 2022.
NMFS Announces Temporary Atlantic Bluefin Tuna Fishery Closure
The National Marine Fisheries Service (NMFS) announced the closure of the General category fishery for large, medium, and giant Atlantic bluefin tuna effective October 24, 2022, through November 30, 2022, to prevent overfishing.
The National Marine Fisheries Service (NMFS) announced the closure of the General category fishery for large, medium, and giant Atlantic bluefin tuna effective October 24, 2022, through November 30, 2022, to prevent overfishing.
NMFS Accepting Public Comments on ESA Recovery Permit Application for Salmon Species
The National Marine Fisheries Service (NMFS) announced receipt of an application for an enhancement of survival permit under the Endangered Species Act (ESA) intended to improve habitat conditions and promote the conservation and recovery of seven species of ESA-listed salmonids in Coastal California. NMFS will accept public comments on the proposed permit through November 25, 2022.
The National Marine Fisheries Service (NMFS) announced receipt of an application for an enhancement of survival permit under the Endangered Species Act (ESA) intended to improve habitat conditions and promote the conservation and recovery of seven species of ESA-listed salmonids in Coastal California. NMFS will accept public comments on the proposed permit through November 25, 2022.
FSIS Announces Beef Burger Recall in Florida
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Miami-based New Universal Nourishment LLC is recalling approximately 368 pounds of beef burger patty products that were repackaged, relabeled, and distributed without the benefit of federal inspection. The items were shipped to retail locations in Florida.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that Miami-based New Universal Nourishment LLC is recalling approximately 368 pounds of beef burger patty products that were repackaged, relabeled, and distributed without the benefit of federal inspection. The items were shipped to retail locations in Florida.
APHIS Announces Regulatory Changes for Two African Swine Fever Virus Strains
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it withdrew the select agent regulatory exclusions for two African swine fever virus strains, effective as of January 7, 2022. Possession, use, and transfer of these strains, which have the potential to pose a severe threat to animal health or animal products, must now comply with APHIS’ select agent and toxin regulations.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it withdrew the select agent regulatory exclusions for two African swine fever virus strains, effective as of January 7, 2022. Possession, use, and transfer of these strains, which have the potential to pose a severe threat to animal health or animal products, must now comply with APHIS’ select agent and toxin regulations.
FDA Announces Emergency Use Authorization in Response to Monkeypox Outbreak
The Food and Drug Administration (FDA) announced the issuance of an Emergency Use Authorization (EUA) under the Federal Food, Drug, and Cosmetic Act in response to an outbreak of monkeypox. FDA has issued an EUA for an in vitro diagnostic device as requested by Abbott Molecular, Inc. The EUA is effective as of October 7, 2022.
The Food and Drug Administration (FDA) announced the issuance of an Emergency Use Authorization (EUA) under the Federal Food, Drug, and Cosmetic Act in response to an outbreak of monkeypox. FDA has issued an EUA for an in vitro diagnostic device as requested by Abbott Molecular, Inc. The EUA is effective as of October 7, 2022.
NMFS Considers Permit for Photography of Killer Whales and Other Marine Mammals
The National Marine Fisheries Service (NMFS) published notice that Dr. Florian Graner of Washington state-based Sea-Life Productions has applied for a Marine Mammal Protection Act permit to conduct commercial and educational photography of transient killer whales and other marine mammals. The public comment period is open through November 28, 2022.
The National Marine Fisheries Service (NMFS) published notice that Dr. Florian Graner of Washington state-based Sea-Life Productions has applied for a Marine Mammal Protection Act permit to conduct commercial and educational photography of transient killer whales and other marine mammals. The public comment period is open through November 28, 2022.
Environmental Groups Urge California Air Resources Board to Phase Out Toxic Insecticide
Center for Biological Diversity and Californians for Pesticide Reform filed a petition urging the California Air Resources Board to phase out the insecticide sulfuryl fluoride, used in the fumigation of drywood termites, because of its significant contribution to global warming. According to the petition, California is the world’s largest consumer of sulfuryl fluoride, which is 4,800 times more potent than carbon dioxide at trapping heat in the atmosphere.
Center for Biological Diversity and Californians for Pesticide Reform filed a petition urging the California Air Resources Board to phase out the insecticide sulfuryl fluoride, used in the fumigation of drywood termites, because of its significant contribution to global warming. According to the petition, California is the world’s largest consumer of sulfuryl fluoride, which is 4,800 times more potent than carbon dioxide at trapping heat in the atmosphere.
Coalition Petitions EPA to Regulate Waste from Concentrated Animal Feeding Operations
A coalition of over 50 environmental and community groups petitioned the Environmental Protection Agency (EPA) to adopt a presumption that large Concentrated Animal Feeding Operations (CAFOs) using wet manure management systems discharge pollutants under the Clean Water Act (CWA). The groups argue that CAFOs are improperly avoiding regulation for polluting waters and should be subject to the CWA’s permitting requirements. The petition claims “environmental regulations have not kept pace with the transformation of the meat and dairy industry, leaving a significant number of industrial facilities largely unregulated.”
A coalition of over 50 environmental and community groups petitioned the Environmental Protection Agency (EPA) to adopt a presumption that large Concentrated Animal Feeding Operations (CAFOs) using wet manure management systems discharge pollutants under the Clean Water Act (CWA). The groups argue that CAFOs are improperly avoiding regulation for polluting waters and should be subject to the CWA’s permitting requirements. The petition claims “environmental regulations have not kept pace with the transformation of the meat and dairy industry, leaving a significant number of industrial facilities largely unregulated.”
APHIS Seeks Public Input on Avian Influenza Information Collection
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its intent to request an extension of approval for an information collection associated with the case-control study on highly pathogenic avian influenza in U.S. commercial poultry flocks. APHIS will consider all public comments it receives through December 27, 2022.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its intent to request an extension of approval for an information collection associated with the case-control study on highly pathogenic avian influenza in U.S. commercial poultry flocks. APHIS will consider all public comments it receives through December 27, 2022.
FWS Considers MMPA Permits for Activities with Sea Otters and Walruses
The U.S. Fish and Wildlife Service (FWS) has received Marine Mammal Protection Act (MMPA) permit applications for the surgical implantation of transmitters into sea otters by the United States Geological Survey Alaska Science Center and the photography of Pacific walruses by BBC Studios. FWS will accept public comments on the applications through November 28, 2022.
The U.S. Fish and Wildlife Service (FWS) has received Marine Mammal Protection Act (MMPA) permit applications for the surgical implantation of transmitters into sea otters by the United States Geological Survey Alaska Science Center and the photography of Pacific walruses by BBC Studios. FWS will accept public comments on the applications through November 28, 2022.
NMFS Receives Petition to Temporarily Close Red King Crab Savings Area in Alaska
The National Marine Fisheries Service (NMFS) received a petition for emergency rulemaking under the Magnuson-Stevens Fishery Conservation and Management Act from the Alaska Bering Sea Crabbers. This petition requests NMFS take action to close the Red King Crab Savings Area and Red King Crab Savings Subarea to all fishing gear to protect Bristol Bay red king crab and their habitat at a time of historically low crab abundance from January 1, 2023, to June 30, 2023. NMFS will accept public input on the petition for emergency rulemaking through December 5, 2022.
The National Marine Fisheries Service (NMFS) received a petition for emergency rulemaking under the Magnuson-Stevens Fishery Conservation and Management Act from the Alaska Bering Sea Crabbers. This petition requests NMFS take action to close the Red King Crab Savings Area and Red King Crab Savings Subarea to all fishing gear to protect Bristol Bay red king crab and their habitat at a time of historically low crab abundance from January 1, 2023, to June 30, 2023. NMFS will accept public input on the petition for emergency rulemaking through December 5, 2022.
FTC Seeks Public Input on Rules Proposed by the Horseracing Integrity and Safety Authority
The Horseracing Integrity and Safety Authority, a self-regulatory nonprofit organization recognized by the Horseracing Integrity and Safety Act of 2020, has proposed Anti-Doping and Medication Control rules that take effect only if approved by the Federal Trade Commission (FTC), which is required to publish the rules in the Federal Register for public comment. The FTC will accept public comments on the proposed rule through November 14, 2022.
The Horseracing Integrity and Safety Authority, a self-regulatory nonprofit organization recognized by the Horseracing Integrity and Safety Act of 2020, has proposed Anti-Doping and Medication Control rules that take effect only if approved by the Federal Trade Commission (FTC), which is required to publish the rules in the Federal Register for public comment. The FTC will accept public comments on the proposed rule through November 14, 2022.
California Department of Fish and Wildlife Delays Commercial Dungeness Crab Season
The California Department of Fish and Wildlife announced a delay in opening the commercial Dungeness crab season to protect endangered humpback whales and blue whales in the area from deadly entanglements in trap gear. The department determined that too many whales are present for crabbing to occur safely. The recreational take of Dungeness crabs by methods other than trap gear (including hoop nets and crab snares) will not be restricted and is allowed statewide beginning November 5, 2022.
The California Department of Fish and Wildlife announced a delay in opening the commercial Dungeness crab season to protect endangered humpback whales and blue whales in the area from deadly entanglements in trap gear. The department determined that too many whales are present for crabbing to occur safely. The recreational take of Dungeness crabs by methods other than trap gear (including hoop nets and crab snares) will not be restricted and is allowed statewide beginning November 5, 2022.
International Updates
Mexican Congress Approves Ban on Dolphin Shows and Swim-With-Dolphins Experiences
The Mexican Chamber of Deputies, one of the country’s bicameral legislative bodies, approved an amendment to the country’s General Wildlife Law providing that “the use of specimens of marine mammals in fixed or itinerant shows is prohibited, as well as any activity whose purpose is not scientific research for their conservation.” Many of Mexico’s captive marine mammals are located in tourist towns in Quintana Roo. The amendment has been referred to the Senate of the Republic.
The Mexican Chamber of Deputies, one of the country’s bicameral legislative bodies, approved an amendment to the country’s General Wildlife Law providing that “the use of specimens of marine mammals in fixed or itinerant shows is prohibited, as well as any activity whose purpose is not scientific research for their conservation.” Many of Mexico’s captive marine mammals are located in tourist towns in Quintana Roo. The amendment has been referred to the Senate of the Republic.
Academic Updates
New Scholarship Documents Negative Welfare Impacts of Cub-Petting on Lions
A new peer-reviewed study, Chorney, S.; DeFalco, A.; Jacquet, J.; LaFrance, C.; Lary, M.; Pirker, H.; Franks, B., Poor Welfare Indicators and Husbandry Practices at Lion (Panthera Leo) “Cub-Petting” Facilities: Evidence from Public YouTube Videos, Animals 2022, 12, 2767, documents animal welfare concerns associated with lion cub-petting in South Africa. Researchers found that cub-petting creates acute negative welfare impacts on the cats, as documented by the lions’ stress behaviors and stereotypies.
A new peer-reviewed study, Chorney, S.; DeFalco, A.; Jacquet, J.; LaFrance, C.; Lary, M.; Pirker, H.; Franks, B., Poor Welfare Indicators and Husbandry Practices at Lion (Panthera Leo) “Cub-Petting” Facilities: Evidence from Public YouTube Videos, Animals 2022, 12, 2767, documents animal welfare concerns associated with lion cub-petting in South Africa. Researchers found that cub-petting creates acute negative welfare impacts on the cats, as documented by the lions’ stress behaviors and stereotypies.
Other Updates
Global Hospitality Giant Commits to 100% Cage Free Eggs by 2025
Delaware North, one of the world's largest privately owned and operated hospitality and entertainment companies, announced its commitment to source 100% cage-free eggs globally by 2025. It also is requesting that its broiler chicken suppliers in the U.S. and Canada meet enhanced welfare standards, including housing that provides enrichment and natural light, by 2024.
Delaware North, one of the world's largest privately owned and operated hospitality and entertainment companies, announced its commitment to source 100% cage-free eggs globally by 2025. It also is requesting that its broiler chicken suppliers in the U.S. and Canada meet enhanced welfare standards, including housing that provides enrichment and natural light, by 2024.