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Brooks Animal Law Digest

US Edition: Issue 32

  BACK TO US DIGEST INDEX

This Week's Spotlights

Legislative Updates/Pending Federal Actions

May 18, 2020
Congress Considers Ban on Use of Funds for Live Dog and Cat Purchases from China

Senate Bill 3628 proposes to prohibit the use of federal funds to purchase live cats or dogs from so-called “wet markets” in China.

Case Law Updates/Federal Case Law Updates

May 18, 2020
Lawsuits Challenging Environmental Species Act Rollbacks Dismissed

A federal judge in California has dismissed two (1, 2) lawsuits filed by environmental and animal protection groups challenging the federal government’s recent rollbacks of the Endangered Species Act, saying that the groups failed to establish standing. A similar lawsuit brought by a coalition of states, however, survived.

May 21, 2020
Smithfield Foods Sued Over “Safest” Pork Claims

The Organic Consumers Association, represented by the Richman Law Group, has filed suit against Smithfield Foods, alleging that the company’s representation of its products as the “safest” on the market is false and misleading.

Agency Updates

May 21, 2020
EPA Seeks Comment on CWA 404 Permit Policy Regarding ESA Consultation

The Environmental Protection Agency has announced it is seeking comments on whether the agency should reconsider its current position that consultation under section 7 of the Endangered Species Act is not required when the agency approves a request to assume the Clean Water Act section 404 dredged and fill permit program. The agency is accepting comments until July 6, 2020.

International Updates

May 20, 2020
Wuhan Bans Consumption of Wild Animals

The city of Wuhan, China has banned the consumption, breeding, and hunting of wild animals amid mounting pressure for the country to regulate the wildlife trade.

May 21, 2020
Islamabad High Court Holds That Nonhuman Animals Have Legal Rights

The Islamabad High Court in Pakistan has ruled that an elephant held in solitary captivity must be released to a sanctuary and affirmed that animals have “legal rights.”

Legislative Updates

Pending Federal Actions

May 18, 2020
Congress Considers Ban on Use of Funds for Live Dog and Cat Purchases from China

Senate Bill 3628 proposes to prohibit the use of federal funds to purchase live cats or dogs from so-called “wet markets” in China.

May 21, 2020
Congress Considers Pay Relief for Meat, Poultry, and Egg Producers

Senate Bill 3797 proposes to provide overtime and holiday pay relief for small egg, meat, and poultry processing plants. The full text of the bill is not yet available.

Pending State Actions

May 21, 2020
Michigan Considers Legislation to Amend Cruelty Law

Michigan House Bill 5809 proposes several changes to the state’s animal cruelty law, including requiring offenders to pay the costs associated with the care and treatment of seized animals.

Case Law Updates

Federal Case Law Updates

May 18, 2020
Lawsuits Challenging Environmental Species Act Rollbacks Dismissed

A federal judge in California has dismissed two (1, 2) lawsuits filed by environmental and animal protection groups challenging the federal government’s recent rollbacks of the Endangered Species Act, saying that the groups failed to establish standing. A similar lawsuit brought by a coalition of states, however, survived.

May 19, 2020
Supermarket Chain and Milk Producers Cooperative File Antitrust Challenge Against Dairy Merger

Food Lion, a supermarket chain, and the Maryland and Virginia Milk Producers Cooperative Association have filed suit against the Dairy Farmers of America, alleging that the proposed merger between the corporation and Dean Foods Company violates federal antitrust law and are seeking injunctive relief.

May 21, 2020
Sea Shepherd Sues United States Over New Zealand Fishery Imports

Sea Shepherd has filed suit against a variety of federal agencies, alleging that the agencies’ failure to ban imports from certain fisheries in New Zealand that cause harm to endangered dolphins violates the Marine Mammal Protection Act and the Administrative Procedure Act.

May 21, 2020
Smithfield Foods Sued Over “Safest” Pork Claims

The Organic Consumers Association, represented by the Richman Law Group, has filed suit against Smithfield Foods, alleging that the company’s representation of its products as the “safest” on the market is false and misleading.

Agency Updates

May 21, 2020
EPA Seeks Comment on CWA 404 Permit Policy Regarding ESA Consultation

The Environmental Protection Agency has announced it is seeking comments on whether the agency should reconsider its current position that consultation under section 7 of the Endangered Species Act is not required when the agency approves a request to assume the Clean Water Act section 404 dredged and fill permit program. The agency is accepting comments until July 6, 2020.

May 22, 2020
FWS Seeks Comments on Endangered Species and Marine Mammal Permit Applications

The Fish and Wildlife Service has announced it is seeking comments on numerous applications for permits under the Endangered Species Act and Marine Mammal Protection Act. Applications include requests for captive bred permits for crocodiles, tortoises, penguins, and other animals; permits to kill “excess” deer and oryx; and permits to import sport-hunted trophies. The agency is accepting comments on these permit applications until June 22, 2020.

May 22, 2020
FDA Finds Cattle Most Likely Cause of E. coli Outbreaks

A report released by the Food and Drug Administration concludes that the most likely source of several E. coli outbreaks in 2019 was fecal contamination from nearby cattle lots.

International Updates

May 20, 2020
Wuhan Bans Consumption of Wild Animals

The city of Wuhan, China has banned the consumption, breeding, and hunting of wild animals amid mounting pressure for the country to regulate the wildlife trade.

May 21, 2020
Islamabad High Court Holds That Nonhuman Animals Have Legal Rights

The Islamabad High Court in Pakistan has ruled that an elephant held in solitary captivity must be released to a sanctuary and affirmed that animals have “legal rights.”

Academic Updates

Articles

May 18, 2020
Psychological Research into the “Meat Paradox”

A new article published in Personality and Individual Differences explores the “meat paradox”—the phenomenon that people with higher levels of empathy for animals do not necessarily reduce their meat consumption—and proposes moral disengagement as a possible explanation.

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