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Brooks Animal Law Digest

US Edition: Issue 31

  BACK TO US DIGEST INDEX

This Week's Spotlights

Legislative Updates/Pending Federal Actions

May 15, 2020
House Considers Liability Shield for Meat Processors

H.R. 6883 proposes to shield meat processing facilities from liability during the COVID-19 pandemic. The full text of the measure is not yet available.

Legislative Updates/Passed State Actions

May 11, 2020
Washington, DC Bans Sale of Ivory and Rhino Horn

The District of Columbia has banned the sale of elephant ivory and rhino horn in an effort to address trade in objects that contribute to the decline of endangered populations.

Case Law Updates/Federal Case Law Updates

May 12, 2020
Organizations Again Challenge Diversion of Funds to Border Wall

The Center for Biological Diversity, Defenders of Wildlife, and the Animal Legal Defense Fund have filed suit against the Trump administration, challenging the diversion of funds toward constructing a border wall. The complaint alleges violation of the 2020 Consolidated Appropriations Act, the Administrative Procedure Act, the Appropriations Clause, and the separation of powers and non-delegation doctrine.

May 14, 2020
PETA Files Suit Against Tri-State Zoological Park

People for the Ethical Treatment of Animals has filed suit against Tri-State Zoological Park, alleging that the roadside zoo’s neglect of animals violates federal and state law and constitutes a public nuisance.

Agency Updates

May 13, 2020
APHIS Issues Final AWA Licensing Provisions

The Animal and Plant Health Inspection Service has issued a final rule detailing changes to the Animal Welfare Act licensing requirements, including automatic termination of a license after three years and requiring that dogs have constant access to potable water. The rule will take effect on November 9, 2020.

Legislative Updates

Pending Federal Actions

May 15, 2020
House Considers Liability Shield for Meat Processors

H.R. 6883 proposes to shield meat processing facilities from liability during the COVID-19 pandemic. The full text of the measure is not yet available.

Passed State Actions

May 11, 2020
Washington, DC Bans Sale of Ivory and Rhino Horn

The District of Columbia has banned the sale of elephant ivory and rhino horn in an effort to address trade in objects that contribute to the decline of endangered populations.

Case Law Updates

Federal Case Law Updates

May 11, 2020
Brazilian Meatpacker Settles Unsanitary Practices Shareholder Suit

BRF, a Brazilian meatpacking company, has settled for $40 million a lawsuit brought by the company’s shareholders, accusing it of engaging in bribery in order to hide unsanitary practices at its plants.

May 12, 2020
Water Export Expansion Halted to Protect Fish

A California federal court has temporarily halted the expansion of federal water export operations in the Sacramento-San Joaquin River Delta until the end of the month in order to protect several species listed for protection under the Endangered Species Act, including Chinook salmon and California Central Valley steelhead.

May 12, 2020
Organizations Again Challenge Diversion of Funds to Border Wall

The Center for Biological Diversity, Defenders of Wildlife, and the Animal Legal Defense Fund have filed suit against the Trump administration, challenging the diversion of funds toward constructing a border wall. The complaint alleges violation of the 2020 Consolidated Appropriations Act, the Administrative Procedure Act, the Appropriations Clause, and the separation of powers and non-delegation doctrine.

May 13, 2020
Defenders of Wildlife Intends to Sue FWS Over Endangered Birds

Defenders of Wildlife has let the Fish and Wildlife Service know that it intends to file suit against the agency, alleging that the agency’s decision to allow horseshoe crab harvests in South Carolina puts several species of threatened birds and their habitats at risk.

May 14, 2020
PETA Files Suit Against Tri-State Zoological Park

People for the Ethical Treatment of Animals has filed suit against Tri-State Zoological Park, alleging that the roadside zoo’s neglect of animals violates federal and state law and constitutes a public nuisance.

Agency Updates

May 11, 2020
EPA Releases Draft NPDES Aquaculture Permit in New England

The Environmental Protection has announced the availability of the Draft National Pollutant Discharge Elimination System Aquaculture General Permit for discharges for Concentrated Aquatic Animal Production facilities in Massachusetts, New Hampshire, and Vermont. The agency is accepting comments on this document until June 10, 2020.

May 13, 2020
APHIS Issues Final AWA Licensing Provisions

The Animal and Plant Health Inspection Service has issued a final rule detailing changes to the Animal Welfare Act licensing requirements, including automatic termination of a license after three years and requiring that dogs have constant access to potable water. The rule will take effect on November 9, 2020.

May 14, 2020
FWS Proposes Hunting and Fishing Information Collection

The Fish and Wildlife Service has proposed an information collection “on the uses and demands for wildlife-related recreation,” such as fish stocking, boating access, and fishing and hunting opportunities. The agency is accepting comments on this action until July 13, 2020.

May 15, 2020
FWS Designates Southern Sierra Nevada Population Segment of Fisher as Endangered

The Fish and Wildlife Service has issued a final rule designating the Southern Sierra Nevada Distinct Population Segment of the fisher as endangered. The rule goes into effect June 15, 2020.

May 15, 2020
Department of Justice Clears Farmers’ Coordination in “Depopulation” Efforts

The Department of Justice’s Antitrust Division has said that it “will not challenge” a proposal by the National Pork Producers Council to coordinate between industry and regulators the killing of pigs due to an “oversupply” during the coronavirus pandemic.

Academic Updates

Articles

May 11, 2020
Article Examines Commercial Side of Cultivated Meat

A new article in Trends in Biotechnology examines the industry side of cultivated meat products, including funding and commercialization challenges.

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