Brooks Animal Law Digest

Virginia House Bill 1382 would prohibit declawing cats except for necessary therapeutic purposes and would create civil penalties from $500 to $2,500 for violations. The bill also would entitle any animal control officer, humane investigator, or state or local law-enforcement officer to bring a civil action for declawing violations.

Michigan House Bill 6484 would prohibit localities from enacting ordinances that tax, ban, or regulate the use, sale, or ownership of fur products. The bill has been referred to the House Committee on Local Government and Municipal Finance.

Bayer and Elanco Animal Health are facing two more class action lawsuits, one in the U.S. District Court for the Southern District of Florida and another in the U.S. District Court for Southern District of Indiana, alleging that the companies misled consumers about the safety of Seresto flea and tick collars. The pesticide used on the collars reportedly has been linked to more than 2,500 pet deaths, 894 incidents of harm to humans, and more than 100,000 adverse event reports, prompting Congress to call for a recall of the collars. The Environmental Protection Agency’s Office of Inspector General currently is investigating whether the agency has violated federal law by failing to act on the Seresto flea collar. Class action plaintiffs are seeking statutory and punitive damages.

A judge in Georgia federal court found that a suit against River Valley Ingredients, Tyson Poultry, and Tyson Farms, should survive a motion to dismiss. Defendants collectively represent the largest poultry renderer in the southeastern United States. The suit claims that defendants drove a company out of the rendering market through a group boycott and intimidation tactics.

The U.S. Department of Labor (DOL) filed a complaint against Packers Sanitation Services, Inc., Ltd., (PSSL) for its alleged use of “oppressive child labor” in violation of the Fair Labor Standards Act (FLSA). PSSL provides contract work at slaughterhouses and meat packing plants. The complaint alleges the company violated the FLSA by using dozens of minors, some as young as thirteen years old, to work “hazardous” overnight shifts cleaning the “killing floors” and “meat and bone cutting saws” in at least three JBS processing plants. The DOL is seeking permanent injunctive relief against PSSL.

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is requesting approval of a new information collection associated with the National Animal Health Monitoring System Backyard Animal Keeping 2023 Study. The study will cover ownership and management practices of poultry, goats, pigs, and rabbits in urban and non-urban areas of the United States in order to help collect sound data on the prevalence and economic importance of livestock, poultry, and aquaculture disease risk factors and prevention. APHIS will accept public comments on the proposed information collection through January 6, 2023.

Virginia House Bill 1382 would prohibit declawing cats except for necessary therapeutic purposes and would create civil penalties from $500 to $2,500 for violations. The bill also would entitle any animal control officer, humane investigator, or state or local law-enforcement officer to bring a civil action for declawing violations.

Michigan House Bill 6485 would create a voucher program for hunters. The program would allow hunters who lawfully kill a deer, elk, or turkey, who later is determined to have been infected with tuberculosis, to redeem the voucher for a free license to kill another deer, elk, or turkey. The bill has been referred to the House Committee on Natural Resources and Outdoor Recreation.

Michigan House Bill 6492 would establish standards for the lawful manufacture and sales of raw milk and raw dairy products. The bill has been referred to the House Committee on Agriculture.

Michigan House Bill 6484 would prohibit localities from enacting ordinances that tax, ban, or regulate the use, sale, or ownership of fur products. The bill has been referred to the House Committee on Local Government and Municipal Finance.

Montana LC 1067 would revise laws relating to service animals and emotional support animals. The bill is in the drafting process and its text has not yet been made publicly available.

The City of Everett, Massachusetts is considering a ban on animal testing. The Everett City Council will hold a vote on the proposed ordinance on November 14, 2022, after a family emergency prevented one of the ordinance sponsors from participating in a scheduled vote on November 1.

Bayer and Elanco Animal Health are facing two more class action lawsuits, one in the U.S. District Court for the Southern District of Florida and another in the U.S. District Court for Southern District of Indiana, alleging that the companies misled consumers about the safety of Seresto flea and tick collars. The pesticide used on the collars reportedly has been linked to more than 2,500 pet deaths, 894 incidents of harm to humans, and more than 100,000 adverse event reports, prompting Congress to call for a recall of the collars. The Environmental Protection Agency’s Office of Inspector General currently is investigating whether the agency has violated federal law by failing to act on the Seresto flea collar. Class action plaintiffs are seeking statutory and punitive damages.

Bear Warriors United, a Florida-based nonprofit, sued the Florida Department of Environmental Protection, alleging that the agency violated the Endangered Species Act (ESA). Plaintiff claims that the agency’s failure to curb sewage disposal from septic tanks and wastewater treatment plants into the Indian River Lagoon has killed off vital seagrass and cost local manatees their food source and lives. Plaintiff is seeking declaratory judgement and injunctive relief.

The Hoopa Valley Tribe has filed an amended complaint [pdf attached: Hoopa Valley Fishing Suit] claiming that the U.S. Bureau of Reclamation violated its sovereignty and fishing rights in California’s Trinity River. The Tribe previously had sued the Trump administration and put the lawsuit on hold, hoping to settle with the Biden administration. The Tribe renewed the lawsuit upon learning that the current administration had not changed course. The complaint alleges that the federal government has decimated fish populations and falsely claimed that the Trinity fishery has been restored. The Tribe is seeking declaratory and injunctive relief.

A judge in Georgia federal court found that a suit against River Valley Ingredients, Tyson Poultry, and Tyson Farms, should survive a motion to dismiss. Defendants collectively represent the largest poultry renderer in the southeastern United States. The suit claims that defendants drove a company out of the rendering market through a group boycott and intimidation tactics.

The Center for Biological Diversity and Maricopa Audubon Society submitted a notice of intent to file an Endangered Species Act citizen suit against the U.S. Forest Service and U.S. Fish and Wildlife Service (FWS). The advocacy groups claim the agencies failed to control cows illegally grazing in critical habitat for protected species. Specifically, the groups allege that the agencies are “failing to ensure that ongoing livestock grazing on the Tonto National Forest is not likely to jeopardize the continued existence of the Yellow-billed Cuckoo, Southwestern Willow Flycatcher, Chiricahua Leopard Frog, Northern Mexican Garter Snake, Narrow-headed Garter Snake, Spikedace, Razorback Sucker, or Gila Chub.”

The U.S. Department of Labor (DOL) filed a complaint against Packers Sanitation Services, Inc., Ltd., (PSSL) for its alleged use of “oppressive child labor” in violation of the Fair Labor Standards Act (FLSA). PSSL provides contract work at slaughterhouses and meat packing plants. The complaint alleges the company violated the FLSA by using dozens of minors, some as young as thirteen years old, to work “hazardous” overnight shifts cleaning the “killing floors” and “meat and bone cutting saws” in at least three JBS processing plants. The DOL is seeking permanent injunctive relief against PSSL.

The U.S. Fish and Wildlife Service (FWS) announced its intent to revise the critical habitat it proposed on October 19, 2021, for the endangered Southern Sierra Nevada distinct population segment of fishers, with an increase of 41,041 acres. FWS will accept comments on the proposed critical habitat designation through December 22, 2022.

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is requesting approval of a new information collection associated with the National Animal Health Monitoring System Backyard Animal Keeping 2023 Study. The study will cover ownership and management practices of poultry, goats, pigs, and rabbits in urban and non-urban areas of the United States in order to help collect sound data on the prevalence and economic importance of livestock, poultry, and aquaculture disease risk factors and prevention. APHIS will accept public comments on the proposed information collection through January 6, 2023.

The U.S. Fish and Wildlife Service announced a final rule granting threatened status under the Endangered Species Act (ESA) for the sickle darter, a fish found in the upper Tennessee River drainage in North Carolina, Tennessee, and Virginia. The new rule is effective December 8, 2022.

The National Marine Fisheries Service (NMFS) denied a petition from the Center for Biological Diversity to provide Endangered Species Act (ESA) protections for the great hammerhead shark. The agency found that the petition did not present substantial scientific or commercial information that listing status might be warranted.

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced that California-based Menu19 LLC is recalling approximately five thousand pounds of frozen beef dumpling products that were produced without federal inspection. The products were shipped to restaurants and retail locations in California.

The Atlantic States Marine Fisheries Commission voted to temporarily halt the harvest of female horseshoe crabs in Delaware Bay. According to the Center for Biological Diversity (CBD), Delaware Bay is “a crucial nesting area and stopover habitat for endangered red knots and other migratory shorebirds that feed on the crabs’ eggs.” The commission also approved a model that CBD has criticized as “deeply flawed” because the organization claims it will allow increased horseshoe crab harvests in future years.

The U.S. Fish and Wildlife Service (FWS) announced its receipt of Marine Mammal Protection Act (MMPA) permit applications for the photography or research of manatees in Florida. FWS also received one Wild Bird Conservation Act permit application for the import of one hundred eclectus parrots by an individual in the state of Georgia who is seeking to establish a captive breeding program. FWS will accept public comments on the applications through December 12, 2022.

The National Park Service and the U.S. Fish and Wildlife Service (FWS) announced they are jointly preparing an environmental impact statement (EIS) for the North Cascades Ecosystem Grizzly Bear Restoration Plan to determine how to restore the grizzly bear to the North Cascades ecosystem, a portion of its historical range. The agencies will accept public comments regarding development of the EIS through December 14, 2022.

The National Marine Fisheries Service (NMFS) announced its decision to decline Endangered Species Act (ESA) protections for the shortfin mako shark. The decision comes in response to a 2021 petition for rulemaking submitted to the agency by Defenders of Wildlife.

Results from a survey conducted by Stockfree Farming indicate that Scottish farmers are willing to give up animal agriculture to assist in climate change mitigation. The survey, conducted over a twelve-month period between 2021 and 2022, asked fifty-one farmers across Scotland a series of questions, notably revealing that 86% of respondents are, or might be, willing to adapt their farming style to help the climate crisis and 64% of respondents are willing to move entirely away from animal agriculture to carbon capture farming if sufficient financial support is in place.

The Center for Biological Diversity (CBD) released a report on the widespread trafficking of imperiled wild animals, including jaguars, sloths, howler monkeys, crocodiles, sea cucumbers, and parrots, across Mexico. The report follows a four-month undercover investigation carried out by CBD in 2022, revealing that lax government enforcement, a lack of political will to address the problem, and weak social media oversight all contribute to the illegal wildlife market. Sales occur both online, on digital marketplaces like Facebook, and in traditional mercados in Mexico City.

The European Commission adopted a revised European Union (EU) Action Plan against Wildlife Trafficking a few days before the 19th Conference of the Parties for the Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora begins in Panama City, Panama. The updated plan will guide new EU actions against wildlife trafficking until 2027.

The discovery of an effective, economical method for creating cells similar to human brain neurons for use in scientific research is documented in E-R, Gandawijaya J and Oguro-Ando A (2022), A novel method for generating glutamatergic SH-SY5Y neuron-like cells utilizing B-27 supplement, Front. Pharmacol. 13:943627. The study indicates that this novel cell culture system could increase the “human relevance and translational ability” of research into “neurological disorders such as Autism spectrum disorder, Schizophrenia and Alzheimer’s disease.” The ability to generate the cells at scale cost-effectively and genetically modify them easier than animal cells also could reduce the use of rodent brain cells for research into brain disorders.