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Brooks Animal Law Digest

US Edition: Issue 45

  BACK TO US DIGEST INDEX

This Week's Spotlights

Case Law Updates - Federal Case Law Updates

August 11, 2020
Federal Judge Vacates Weakened Migratory Bird Protections

A New York federal judge has ruled that the Department of the Interior’s 2017 opinion that the Migratory Bird Treaty Act does not allow for criminal prosecution of incidental killing of birds is contrary to law.

August 13, 2020
USDA Faces Poultry Products Inspection Act Lawsuit Over Humane Handling

The Animal Welfare Institute and Farm Sanctuary, represented by the Harvard Animal Law & Policy Clinic, have filed suit against the United States Department of Agriculture, alleging that the agency has failed to require humane handling of birds at slaughter.

International Updates

August 10, 2020
Mexico City Prohibits Live Animal Markets

Mexico City has issued new guidelines that prohibit the sale and exhibition of animals at live markets.

Legislative Updates

Pending State Actions

August 13, 2020
New Jersey Considers Legislation Approving Court-Appointed Animal Advocates

New Jersey Assembly Bill 4533 would allow courts to appoint a separate advocate to represent the interests of the animal at issue in a criminal case involving a nonhuman animal.

August 13, 2020
New Jersey Considers Legislation Allowing Citizens to Rescue Animals from Hot Cars

New Jersey Assembly Bill 4540 proposes to allow individuals acting in good faith to rescue an animal from a motor vehicle when they reasonably believe the animal’s life to be in danger due to heat, cold, inadequate ventilation, or other such circumstances.

Case Law Updates

Federal Case Law Updates

August 11, 2020
Federal Judge Vacates Weakened Migratory Bird Protections

A New York federal judge has ruled that the Department of the Interior’s 2017 opinion that the Migratory Bird Treaty Act does not allow for criminal prosecution of incidental killing of birds is contrary to law.

August 12, 2020
PCRM Challenges USDA’s Denial of COVID-19 Testing Petition

The Physicians Committee for Responsible Medicine has filed suit against the United States Department of Agriculture, challenging the agency’s denial of the organization’s petition requesting testing of COVID-19 at meat and poultry slaughterhouses and the agency’s failure to comply with Freedom of Information Act requests.

August 13, 2020
USDA Faces Poultry Products Inspection Act Lawsuit Over Humane Handling

The Animal Welfare Institute and Farm Sanctuary, represented by the Harvard Animal Law & Policy Clinic, have filed suit against the United States Department of Agriculture, alleging that the agency has failed to require humane handling of birds at slaughter.

State Case Law Updates

August 11, 2020
New York Attorney General Sues Egg Supplier Over Price Gouging

The New York Attorney General has filed suit against Hillandale Farms, alleging that the company illegally schemed to profit off the COVID-19 pandemic.

August 11, 2020
PETA Files Suit Against Roadside Zoo Over Treatment of Elephants

PETA has filed a lawsuit in California against the Monterey Zoological Society and its owner, alleging that the company engages in unlawful business practices when it uses canes to threaten and control elephants kept at the facility.

Agency Updates

August 10, 2020
NMFS Initiates Status Review of Black Teatfish

The National Marine Fisheries Service has announced it is initiating a status review of the black teatfish under the Endangered Species Act and requesting scientific and commercial information regarding the species.

August 11, 2020
FWS Proposes Cut to Critical Habitat of Northern Spotted Owl

The Fish and Wildlife Service has proposed a cut of over 200,000 acres of critical habitat for the northern spotted owl. The agency is accepting comments on the proposed rule until October 13, 2020.

August 14, 2020
NMFS Initiates Status Review of Southern Right Whale

The National Marine Fisheries Service has announced it is initiating a five year review of the southern right whale. The agency is accepting information for assistance with its review until October 13, 2020.

International Updates

August 10, 2020
Mexico City Prohibits Live Animal Markets

Mexico City has issued new guidelines that prohibit the sale and exhibition of animals at live markets.

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