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Brooks Animal Law Digest

US Edition: Issue 22

  BACK TO US DIGEST INDEX

This Week's Spotlights

Case Law Updates/Federal Case Law Updates

March 19, 2020
10th Circuit Strikes Down Critical Habitat for Jaguars

The 10th Circuit has ruled that the U.S. Fish and Wildlife Service wrongfully designated over 110,000 acres in New Mexico and Arizona as critical habitat for endangered jaguars. The panel determined that the designation was arbitrary and capricious because the agency did not issue a finding on the adequacy of the rest of the area as habitat for the endangered species.

March 20, 2020
Beyond Meat Faces Another Investor Lawsuit

Investors in the plant-based protein company have filed suit against several of the company’s executives, claiming that they downplayed the company’s potential liability in a legal dispute with one of the company’s former suppliers, Don Lee Farms. Don Lee sued Beyond Meat in 2017, claiming that the plant-based company breached its contract and stole trade secrets. Two years later, Don Lee added claims that the company had altered a food safety consultant’s report and provided contaminated ingredients. Following the launch of Beyond Meat’s IPO, the investor suit claims, the company made misleading statements regarding its liability to Don Lee and the potential impact of Don Lee’s lawsuit in filings with the U.S. Securities and Exchange Commission. This is at least the third such suit filed against the company this year.

Academic Updates/Articles

March 16, 2020
Article Explores Impact of Trade on Animal Welfare

A new article published in Transnational Environmental Law investigates the relationship between world trade and animal welfare.

Legislative Updates

Pending State Actions

March 16, 2020
Louisiana Considers Change in Evaluation of Dogs Used in Fighting

Louisiana SB 425 proposes to change the treatment of dogs and other animals seized from animal fighting operations. Rather than requiring the euthanasia of all such animals as “dangerous dogs,” as they currently are, this legislation would require individual evaluation of each animal and provide for the placement of them if deemed appropriate.

March 16, 2020
Minnesota Considers Moratorium on Large Dairy Operations

Minnesota SF 4389, if enacted, would prohibit the construction or expansion of dairy operations that are capable of holding at least 1000 cows until June 30, 2024. There is a companion bill in the House.

March 16, 2020
New Jersey Legislation Would Require Animal Dealers to Document Source of Animals

New Jersey Senate Bill 2223, if enacted, would prohibit pet dealers who sell at least 15 animals per year from obtaining those animals from breeders who are not licensed and in compliance with animal welfare laws. The bill would also require the dealers to submit an annual report including the name and identifying information of the breeders that the dealer obtained animals from that year.

March 16, 2020
New Jersey Legislation Would Require Mental Health Evaluations for Animal Cruelty Offenders

New Jersey Senate Bill 2179, if enacted, would require anyone who commits an animal cruelty offense to be evaluated by a mental health professional and to undergo mental health counseling if warranted by that evaluation.

Case Law Updates

Federal Case Law Updates

March 19, 2020
10th Circuit Strikes Down Critical Habitat for Jaguars

The 10th Circuit has ruled that the U.S. Fish and Wildlife Service wrongfully designated over 110,000 acres in New Mexico and Arizona as critical habitat for endangered jaguars. The panel determined that the designation was arbitrary and capricious because the agency did not issue a finding on the adequacy of the rest of the area as habitat for the endangered species.

March 20, 2020
Beyond Meat Faces Another Investor Lawsuit

Investors in the plant-based protein company have filed suit against several of the company’s executives, claiming that they downplayed the company’s potential liability in a legal dispute with one of the company’s former suppliers, Don Lee Farms. Don Lee sued Beyond Meat in 2017, claiming that the plant-based company breached its contract and stole trade secrets. Two years later, Don Lee added claims that the company had altered a food safety consultant’s report and provided contaminated ingredients. Following the launch of Beyond Meat’s IPO, the investor suit claims, the company made misleading statements regarding its liability to Don Lee and the potential impact of Don Lee’s lawsuit in filings with the U.S. Securities and Exchange Commission. This is at least the third such suit filed against the company this year.

Agency Updates

March 19, 2020
FWS Announces Five Year Review of Six Endangered Animal Species

The U.S. Fish and Wildlife Service has announced it is undertaking a five year review of six species of animals protected under the Endangered Species Act, including the Texas blind salamander and the Ozark big-eared bat. The agency is accepting on this review until April 20, 2020.

Academic Updates

Articles

March 16, 2020
Article Explores Impact of Trade on Animal Welfare

A new article published in Transnational Environmental Law investigates the relationship between world trade and animal welfare.

March 16, 2020
Article Examines Animal Welfare Implications of Air Transfer

An article produced by the Australian Veterinary Association concludes that there is only “minimal” information regarding the livestock transport by air industry.

March 16, 2020
Article Suggests Mobile Slaughter May Reduce Animal Stress

An article published in Preventative Veterinary Medicine outlines a study in which signs of animal distress at a mobile slaughter unit compared to signs of animal distress at a stationary slaughter unit. The study suggests that mobile slaughter may be less stressful for the animals prior to being killed.

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