Indiana Senate Bill 29 would require the department of environmental management to conduct an onsite inspection of every concentrated animal feeding operation at least once a year.
This Week's Spotlights
Legislative Updates - Pending State Actions
Indiana Legislation Would Require Annual Inspections of CAFOs
Kentucky Considers Banning Sale of Dogs, Cats, Rabbits
Kentucky Senate Bill 59 would prohibit pet shops from selling dogs, cats, and rabbits. The bill would also require pet shops to conspicuously display the name of the animal rescue organization from which each animal was obtained and to maintain records for at least one year that verify the source of each animal.
Kentucky Senate Bill 59 would prohibit pet shops from selling dogs, cats, and rabbits. The bill would also require pet shops to conspicuously display the name of the animal rescue organization from which each animal was obtained and to maintain records for at least one year that verify the source of each animal.
Missouri Legislation Would Protect Animal Enterprises from Local Ordinances
Missouri House Bill 647 would prohibit municipalities from enacting any law or ordinance that bans or effectively bans due to financial hardship the use of “working” animals.
Missouri House Bill 647 would prohibit municipalities from enacting any law or ordinance that bans or effectively bans due to financial hardship the use of “working” animals.
New York Considers Ban on New Fur Products
New York Assembly Bill 703 would prohibit the sale and distribution of fur products. The bill contains an exemption for used fur products by a person not normally engaged in the business of selling fur products.
New York Assembly Bill 703 would prohibit the sale and distribution of fur products. The bill contains an exemption for used fur products by a person not normally engaged in the business of selling fur products.
New York Considers Tracking GHG Emissions that Occur through State Food and Beverage Purchases
New York Senate Bill 740 would require the office of general services to establish a methodology for state agencies to estimate the greenhouse gas emissions that occur through the life cycle of all food and beverages purchased by a state agency or through third-party vendors.
New York Senate Bill 740 would require the office of general services to establish a methodology for state agencies to estimate the greenhouse gas emissions that occur through the life cycle of all food and beverages purchased by a state agency or through third-party vendors.
New York Considers Requiring Plant-Based Food in Public Schools
New York Assembly Bill 301 would require public schools to offer plant-based food options to a student if requested by the student or the student’s parent.
New York Assembly Bill 301 would require public schools to offer plant-based food options to a student if requested by the student or the student’s parent.
New York Considers Ban on Confinement of Animals Used in Agriculture
New York Assembly Bill 475 would prohibit confining a pregnant pig, a calf raised for veal, or egg-laying hens in a manner that would prevent them from lying down, standing up, or turning around freely.
New York Assembly Bill 475 would prohibit confining a pregnant pig, a calf raised for veal, or egg-laying hens in a manner that would prevent them from lying down, standing up, or turning around freely.
Massachusetts Considers Adoption for Cats and Dogs Used in Research
Massachusetts Senate Bill 2 would require research facilities using cats or dogs to make a “reasonable effort” to offer the animal for adoption into a permanent home before euthanizing them.
Massachusetts Senate Bill 2 would require research facilities using cats or dogs to make a “reasonable effort” to offer the animal for adoption into a permanent home before euthanizing them.
New York Legislation Would Require Slaughterhouses to Pay for Cost of Return for Escaped Animals
New York Assembly Bill 1301 would hold the owner or operator of any facility where animals are killed for food responsible for the costs of return for any animal that escapes. The bill would also require the facility to either pay a fee of $1000 per escaped animal or relinquish ownership of the animal.
New York Assembly Bill 1301 would hold the owner or operator of any facility where animals are killed for food responsible for the costs of return for any animal that escapes. The bill would also require the facility to either pay a fee of $1000 per escaped animal or relinquish ownership of the animal.
Case Law Updates - Federal Case Law Updates
CBD to File Endangered Species Suits Against Trump Administration
The Center for Biological Diversity intends to file suit under the Endangered Species Act challenging the Fish and Wildlife Service’s delay of protection for eleven species, including the Peñasco least chipmunk, the gopher tortoise, the Colorado Delta clam, the northern spotted owl, and the Monarch butterfly.
The Center for Biological Diversity intends to file suit under the Endangered Species Act challenging the Fish and Wildlife Service’s delay of protection for eleven species, including the Peñasco least chipmunk, the gopher tortoise, the Colorado Delta clam, the northern spotted owl, and the Monarch butterfly.
Case Law Updates - State Case Law Updates
California Court Orders Foster Farms to Comply with Pandemic Protocols
A California judge has issued a temporary restraining order against Foster Farms requiring the company to comply with CDC COVID-19 safety measures.
A California judge has issued a temporary restraining order against Foster Farms requiring the company to comply with CDC COVID-19 safety measures.
Agency Updates
APHIS Solicits Comments on Regulation and Movement of Animals Modified by Genetic Engineering
The Animal and Plant Health Inspection Service has made an advance notice of proposed rulemaking and request for comments on establishing regulations for the movement of certain animals modified or developed by genetic engineering. The agency is accepting comments until February 26, 2021.
The Animal and Plant Health Inspection Service has made an advance notice of proposed rulemaking and request for comments on establishing regulations for the movement of certain animals modified or developed by genetic engineering. The agency is accepting comments until February 26, 2021.
FWS Finalizes Migratory Bird Treaty Act Rule
The Fish and Wildlife Service has issued a final rule defining the scope of the Migratory Bird Treaty Act as limited to actions directed at migratory birds, their nests, or their eggs. The rule is effective February 8, 2021.
The Fish and Wildlife Service has issued a final rule defining the scope of the Migratory Bird Treaty Act as limited to actions directed at migratory birds, their nests, or their eggs. The rule is effective February 8, 2021.
Academic Updates - Articles
A Legislative Approach to Addressing Factory Farming
An article by Michelle Johnson-Weider published in the Georgetown Environmental Law Review, “From Factory Farming to a Sustainable Food System: A Legislative Approach,” explores proposed legislation to address the true cost of factory farming.
An article by Michelle Johnson-Weider published in the Georgetown Environmental Law Review, “From Factory Farming to a Sustainable Food System: A Legislative Approach,” explores proposed legislation to address the true cost of factory farming.
Human Exceptionalism and Climate Change
A new study out of Northeastern University by Nicole Betz and John D. Coley, “Human Exceptionalism: A Cognitive Barrier to Understanding and Engaging with Global Climate Change,” explores the interaction between humans’ belief that they are fundamentally different than other species and their unwillingness to engage in the climate crisis.
A new study out of Northeastern University by Nicole Betz and John D. Coley, “Human Exceptionalism: A Cognitive Barrier to Understanding and Engaging with Global Climate Change,” explores the interaction between humans’ belief that they are fundamentally different than other species and their unwillingness to engage in the climate crisis.
Legislative Updates
Pending State Actions
Wyoming Legislation Would Revise Animal Impound Procedures
Wyoming Senate File 0024 and Senate File 0025 would revise procedures for animal impound, including making owners of impounded animals liable for reasonable costs of care for the animal.
Wyoming Senate File 0024 and Senate File 0025 would revise procedures for animal impound, including making owners of impounded animals liable for reasonable costs of care for the animal.
Texas Legislation Would Require Notice of Infectious Disease in Animal Shelters
Texas Senate Bill 276 would require animal shelters to quarantine animals with an infectious disease and to notify any person who leaves with an animal if any other animal has an infectious disease at the time the animal is at the shelter.
Texas Senate Bill 276 would require animal shelters to quarantine animals with an infectious disease and to notify any person who leaves with an animal if any other animal has an infectious disease at the time the animal is at the shelter.
Indiana Legislation Would Require Animal Disease Reporting Within 24 Hours
Indiana Senate Bill 53 proposes to require any veterinarian, biomedical researcher, public health official, zoo or wildlife personnel, or custodian of an animal who knows or has reason to suspect that an animal is suffering from a disease deemed reportable by the board of animal health to report the occurrence within 24 hours.
Indiana Senate Bill 53 proposes to require any veterinarian, biomedical researcher, public health official, zoo or wildlife personnel, or custodian of an animal who knows or has reason to suspect that an animal is suffering from a disease deemed reportable by the board of animal health to report the occurrence within 24 hours.
Indiana Legislation Would Require Annual Inspections of CAFOs
Indiana Senate Bill 29 would require the department of environmental management to conduct an onsite inspection of every concentrated animal feeding operation at least once a year.
Indiana Senate Bill 29 would require the department of environmental management to conduct an onsite inspection of every concentrated animal feeding operation at least once a year.
Indiana Legislation Would Allow Use of Ambulances for Law Enforcement Animals
Indiana Senate Bill 83 would allow, in certain circumstances, for the use of emergency ambulance services to transport an injured dog used in law enforcement to a veterinary hospital. The bill would also increase the offense of cruelty to a dog used in law enforcement or search and rescue to a felony.
Indiana Senate Bill 83 would allow, in certain circumstances, for the use of emergency ambulance services to transport an injured dog used in law enforcement to a veterinary hospital. The bill would also increase the offense of cruelty to a dog used in law enforcement or search and rescue to a felony.
Kentucky Considers Banning Sale of Dogs, Cats, Rabbits
Kentucky Senate Bill 59 would prohibit pet shops from selling dogs, cats, and rabbits. The bill would also require pet shops to conspicuously display the name of the animal rescue organization from which each animal was obtained and to maintain records for at least one year that verify the source of each animal.
Kentucky Senate Bill 59 would prohibit pet shops from selling dogs, cats, and rabbits. The bill would also require pet shops to conspicuously display the name of the animal rescue organization from which each animal was obtained and to maintain records for at least one year that verify the source of each animal.
North Dakota Considers CAFO Odor Regulations
North Dakota House Bill 1115 proposes to limit the amount of noxious odors a concentrated animal feeding operation may discharge and forbid counties and towns from further regulating concentrated animal feeding operations.
North Dakota House Bill 1115 proposes to limit the amount of noxious odors a concentrated animal feeding operation may discharge and forbid counties and towns from further regulating concentrated animal feeding operations.
Missouri Legislation Would Protect Animal Enterprises from Local Ordinances
Missouri House Bill 647 would prohibit municipalities from enacting any law or ordinance that bans or effectively bans due to financial hardship the use of “working” animals.
Missouri House Bill 647 would prohibit municipalities from enacting any law or ordinance that bans or effectively bans due to financial hardship the use of “working” animals.
Missouri Considers Allowing Protection Orders to Forbid Animal Abuse
Missouri Senate Bill 71 would allow protection orders to be issued in response to an immediate and present danger to a companion animal and to specify custody of the animal.
Missouri Senate Bill 71 would allow protection orders to be issued in response to an immediate and present danger to a companion animal and to specify custody of the animal.
New York Considers Criminalizing Sexual Conduct with Animals
New York Assembly Bill 614 proposes to make sexual conduct with an animal a class A misdemeanor and make sexual conduct resulting in the animal’s injury or death a class E felony.
New York Assembly Bill 614 proposes to make sexual conduct with an animal a class A misdemeanor and make sexual conduct resulting in the animal’s injury or death a class E felony.
New York Considers Prohibition of Horse Drawn Carriages
New York Assembly Bill 342 would prohibit the operation of horse drawn carriages in the city of New York and defines how horses may be sold or disposed of.
New York Assembly Bill 342 would prohibit the operation of horse drawn carriages in the city of New York and defines how horses may be sold or disposed of.
New York Considers Mechanism to Facilitate Adoption for Cats and Dogs Used in Research
New York Assembly Bill 636 would require the New York Department of Education to post information on its website for at least fourteen days about cats and dogs used in research who are available for adoption. It would also require research facilities who must offer these animals for adoption to report that information to the Department.
New York Assembly Bill 636 would require the New York Department of Education to post information on its website for at least fourteen days about cats and dogs used in research who are available for adoption. It would also require research facilities who must offer these animals for adoption to report that information to the Department.
New York Considers Ban on New Fur Products
New York Assembly Bill 703 would prohibit the sale and distribution of fur products. The bill contains an exemption for used fur products by a person not normally engaged in the business of selling fur products.
New York Assembly Bill 703 would prohibit the sale and distribution of fur products. The bill contains an exemption for used fur products by a person not normally engaged in the business of selling fur products.
New York Considers Regulation of Animal Groomers
New York Assembly Bill 135 would establish guidelines and a registration process for companion animal groomers.
New York Assembly Bill 135 would establish guidelines and a registration process for companion animal groomers.
New York Considers Restriction on Breed Based Insurance Policies
New York Senate Bill 1000 and Assembly Bill 549 would prohibit insurers from offering home or rental insurance policies from canceling or refusing to issue or renew such policies (or charging increased premiums) based on the possession of a specific breed of dog.
New York Senate Bill 1000 and Assembly Bill 549 would prohibit insurers from offering home or rental insurance policies from canceling or refusing to issue or renew such policies (or charging increased premiums) based on the possession of a specific breed of dog.
New York Considers Ban on Pet Products Containing Certain Toxic Chemicals
New York Assembly Bill 721 would ban the sale and distribution of pet products that contain toxic chemicals such as organophosphates and carbamates.
New York Assembly Bill 721 would ban the sale and distribution of pet products that contain toxic chemicals such as organophosphates and carbamates.
New York Considers Tracking GHG Emissions that Occur through State Food and Beverage Purchases
New York Senate Bill 740 would require the office of general services to establish a methodology for state agencies to estimate the greenhouse gas emissions that occur through the life cycle of all food and beverages purchased by a state agency or through third-party vendors.
New York Senate Bill 740 would require the office of general services to establish a methodology for state agencies to estimate the greenhouse gas emissions that occur through the life cycle of all food and beverages purchased by a state agency or through third-party vendors.
New York Considers Ban on Pesticides to Protect Pollinators and Birds
New York Senate Bill 699 would prohibit the use of certain active ingredients in pesticides that are known to cause harm to pollinators and increase bird mortality.
New York Senate Bill 699 would prohibit the use of certain active ingredients in pesticides that are known to cause harm to pollinators and increase bird mortality.
New York Legislation Would Make Promoting Enterprise Animal Fighting a Felony
New York Senate Bill 90 and Assembly Bill 696 would introduce a new felony level offense for enterprise animal fighting and consolidate existing definitions.
New York Senate Bill 90 and Assembly Bill 696 would introduce a new felony level offense for enterprise animal fighting and consolidate existing definitions.
New York Considers Requiring Plant-Based Food in Public Schools
New York Assembly Bill 301 would require public schools to offer plant-based food options to a student if requested by the student or the student’s parent.
New York Assembly Bill 301 would require public schools to offer plant-based food options to a student if requested by the student or the student’s parent.
New York Considers Increased Penalties for Animal Fighting
New York Senate Bill 229 would increase penalties for engaging in animal fighting and require psychiatric evaluation and possible treatment for those convicted of the crime of aggravated cruelty to animals.
New York Senate Bill 229 would increase penalties for engaging in animal fighting and require psychiatric evaluation and possible treatment for those convicted of the crime of aggravated cruelty to animals.
New York Legislation Would Include Wildlife in Cruelty Prohibition
New York Assembly Bill 456 would expand the definition of aggravated cruelty to animals to include intentional acts of cruelty to wildlife as well as companion animals.
New York Assembly Bill 456 would expand the definition of aggravated cruelty to animals to include intentional acts of cruelty to wildlife as well as companion animals.
New York Considers Unsealing Records of Youth Animal Abuse Offenders
New York Senate Bill 230 would forbid the sealing of records of youth convicted of animal abuse and require that such individuals undergo appropriate psychiatric evaluation and treatment.
New York Senate Bill 230 would forbid the sealing of records of youth convicted of animal abuse and require that such individuals undergo appropriate psychiatric evaluation and treatment.
New York Legislation Would Make Failure to Provide Food and Water to Animal Kept Outside a Felony
New York Senate Bill 227 would make the failure to provide food, water, or appropriate shelter to a dog or cat left outside a felony.
New York Senate Bill 227 would make the failure to provide food, water, or appropriate shelter to a dog or cat left outside a felony.
New York Considers Increasing Punishment for Cruelty to Animals in front of a Child
New York Assembly Bill 474 would increase the potential imprisonment from two to four years for aggravated cruelty to animals when committed in front of a minor child.
New York Assembly Bill 474 would increase the potential imprisonment from two to four years for aggravated cruelty to animals when committed in front of a minor child.
New York Considers Ban on Confinement of Animals Used in Agriculture
New York Assembly Bill 475 would prohibit confining a pregnant pig, a calf raised for veal, or egg-laying hens in a manner that would prevent them from lying down, standing up, or turning around freely.
New York Assembly Bill 475 would prohibit confining a pregnant pig, a calf raised for veal, or egg-laying hens in a manner that would prevent them from lying down, standing up, or turning around freely.
New York Legislation Would Prohibit Transport, Sale of Nonambulatory Animal
New York Senate Bill 939 would ban the transportation, buying, selling, transfer, or marketing of a nonambulatory sheep, cow, or pig unless the animal is euthanized without undue delay.
New York Senate Bill 939 would ban the transportation, buying, selling, transfer, or marketing of a nonambulatory sheep, cow, or pig unless the animal is euthanized without undue delay.
New York Considers Tax Credit for Animal Adoption
New York Assembly Bill 652 would create a tax credit of up to $100 for adoption of up to three companion animals from animal shelters or humane societies.
New York Assembly Bill 652 would create a tax credit of up to $100 for adoption of up to three companion animals from animal shelters or humane societies.
New York Legislation would Forbid Transport of Animal Trophies
New York Assembly Bill 805 would prohibit the possession and transportation of animals and parts of animals—including the African elephant, African leopard, African lion, and black rhinoceros—through airports and ports owned or operated by the Port Authority of New York and New Jersey.
New York Assembly Bill 805 would prohibit the possession and transportation of animals and parts of animals—including the African elephant, African leopard, African lion, and black rhinoceros—through airports and ports owned or operated by the Port Authority of New York and New Jersey.
New York Considers Requiring Dog Bite Disclosure
New York Senate Bill 1101 would require that animal shelters and rescue organizations disclose whether a dog over the age of four months has ever bitten a human and broken their skin.
New York Senate Bill 1101 would require that animal shelters and rescue organizations disclose whether a dog over the age of four months has ever bitten a human and broken their skin.
New York Legislation Would Expand Definition of Aggravated Cruelty to Animals
New York Senate Bill 197 would expand the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony.
New York Senate Bill 197 would expand the definition of aggravated cruelty to animals to include harm to a companion animal during the commission of a felony.
New York Considers Allowing Inclusion of Companion Animals in Protective Orders
New York Assembly Bill 510 would allow courts to forbid contact between abuser and any companion animal cared for by a victim in a protective order.
New York Assembly Bill 510 would allow courts to forbid contact between abuser and any companion animal cared for by a victim in a protective order.
New York Considers Lowering Threshold for Aggravated Cruelty to Animals
New York Senate Bill 960 would remove the term “serious” from the “serious physical injury” language required for a conviction of aggravated cruelty to animals.
New York Senate Bill 960 would remove the term “serious” from the “serious physical injury” language required for a conviction of aggravated cruelty to animals.
New York Legislation Would Require Breeder Disclosure at Pet Stores
New York Assembly Bill 776 would require pet stores to provide additional information about breeders of animals, including the name, location, and telephone number of the breeder, the breed of dam and sire of the animal, and disclosure of any known hereditary or genetic defects in the animal’s lineage.
New York Assembly Bill 776 would require pet stores to provide additional information about breeders of animals, including the name, location, and telephone number of the breeder, the breed of dam and sire of the animal, and disclosure of any known hereditary or genetic defects in the animal’s lineage.
New York Considers Restricting the Term “Milk”
New York Assembly Bill 507 would prohibit the use of the term “milk” on any products that do not contain dairy.
New York Assembly Bill 507 would prohibit the use of the term “milk” on any products that do not contain dairy.
New York Considers Creating Animal Law Task Force
New York Assembly Bill 162 would create a task force on animal laws and require that the force report to the governor and legislature recommendations on how to increase statewide uniformity of animal laws.
New York Assembly Bill 162 would create a task force on animal laws and require that the force report to the governor and legislature recommendations on how to increase statewide uniformity of animal laws.
Indiana Considers Ban on Sale of Cats and Dogs
Indiana House Bill 1142 would prohibit pet stores from selling cats or dogs unless the animals are obtained from a rescue organization. The bill would also require pet stores to maintain records showing where the animal was obtained from for at least one year.
Indiana House Bill 1142 would prohibit pet stores from selling cats or dogs unless the animals are obtained from a rescue organization. The bill would also require pet stores to maintain records showing where the animal was obtained from for at least one year.
Mississippi Considers Inclusion of Companion Animals in Protective Orders
Mississippi Senate Bill 2091 would allow companion animals to be included in protective orders
Mississippi Senate Bill 2091 would allow companion animals to be included in protective orders
New York Considers Ban on Devocalization Procedures
New York Senate Bill 1125 would ban the practice of devocalization procedures on cats and dogs unless deemed medically necessary.
New York Senate Bill 1125 would ban the practice of devocalization procedures on cats and dogs unless deemed medically necessary.
Mississippi Considers Penalizing Owners Who Cause Dog Bites
Mississippi House Bill 80 would make it a felony to intentionally or negligently cause a dog to bite or otherwise wound a human and a misdemeanor to fail to take reasonable care to prevent a dog with a known bite history from causing further injuries.
Mississippi House Bill 80 would make it a felony to intentionally or negligently cause a dog to bite or otherwise wound a human and a misdemeanor to fail to take reasonable care to prevent a dog with a known bite history from causing further injuries.
Kentucky Considers Creating Cause of Action for Costs of Seized Animals and Immunity for Rescuing Companion Animals from Cars
Kentucky House Bill 215 would authorize law enforcement officers to seize and hold animals who are victims of cruelty or abuse and would create a civil cause of action for the seizing agency to seek reimbursement for reasonable costs of caring for seized animals from the owner. The bill would also establish immunity for a person who enters a car containing a dog or cat believed in good faith to be in danger of death.
Kentucky House Bill 215 would authorize law enforcement officers to seize and hold animals who are victims of cruelty or abuse and would create a civil cause of action for the seizing agency to seek reimbursement for reasonable costs of caring for seized animals from the owner. The bill would also establish immunity for a person who enters a car containing a dog or cat believed in good faith to be in danger of death.
Kentucky Considers Prohibition on Breed Specific Legislation
Kentucky Senate Bill 82 would allow counties and towns to enact any ordinance relating to dog safety and welfare, as long as the policy does not regulate ownership of a dog based on breed or perceived breed.
Kentucky Senate Bill 82 would allow counties and towns to enact any ordinance relating to dog safety and welfare, as long as the policy does not regulate ownership of a dog based on breed or perceived breed.
New York Considers Criminalization of Companion Animal Hoarding
New York Assembly Bill 1229 would criminalize companion animal hoarding and require that anyone convicted of the offense undergo a mental health evaluation. The bill would also allow a court to require the offender to undergo therapy or other appropriate treatment and to prohibit the offender from possessing companion animals.
New York Assembly Bill 1229 would criminalize companion animal hoarding and require that anyone convicted of the offense undergo a mental health evaluation. The bill would also allow a court to require the offender to undergo therapy or other appropriate treatment and to prohibit the offender from possessing companion animals.
New York Considers Licensing Scheme for Canine Training Providers
New York Senate Bill 1148 would require the commissioner of agriculture and markets to establish licensing and educational standards for individuals who provide canine training to non-service and non-police dogs.
New York Senate Bill 1148 would require the commissioner of agriculture and markets to establish licensing and educational standards for individuals who provide canine training to non-service and non-police dogs.
Massachusetts Considers Adoption for Cats and Dogs Used in Research
Massachusetts Senate Bill 2 would require research facilities using cats or dogs to make a “reasonable effort” to offer the animal for adoption into a permanent home before euthanizing them.
Massachusetts Senate Bill 2 would require research facilities using cats or dogs to make a “reasonable effort” to offer the animal for adoption into a permanent home before euthanizing them.
Mississippi Considers Animal Abuse Registry
Mississippi Senate Bill 2114 would create and regulate the administration of an animal abuse registry for domesticated dogs and cats.
Mississippi Senate Bill 2114 would create and regulate the administration of an animal abuse registry for domesticated dogs and cats.
New York Legislation Would Require Wildlife Taking Regulations Incorporate AVMA Guidelines
New York Assembly Bill 1362 would require that taking of wildlife be done only subject to regulations established by the department that incorporate the American Veterinary Medical Association’s guidance on euthanasia.
New York Assembly Bill 1362 would require that taking of wildlife be done only subject to regulations established by the department that incorporate the American Veterinary Medical Association’s guidance on euthanasia.
New York Considers Crime of Cruelty to Animals to Threaten, Intimidate, or Harass
New York Assembly Bill 1353 would establish crimes of cruelty to animals to threaten, intimidate, or harass in the third degree and cruelty to animals to threaten, intimidate, or harass in the first degree if done in the presence of a minor child.
New York Assembly Bill 1353 would establish crimes of cruelty to animals to threaten, intimidate, or harass in the third degree and cruelty to animals to threaten, intimidate, or harass in the first degree if done in the presence of a minor child.
New York Legislation Would Prioritize Non-Lethal Animal Control Methods
New York Assembly Bill 1331 would require that non-lethal methods of resolving wildlife nuisance problems be prioritized, that any animal who is killed only be killed in a manner that involves unnecessary suffering, and that no dependent young wildlife be abandoned. The bill would also require written notification before any animal control measures are taken.
New York Assembly Bill 1331 would require that non-lethal methods of resolving wildlife nuisance problems be prioritized, that any animal who is killed only be killed in a manner that involves unnecessary suffering, and that no dependent young wildlife be abandoned. The bill would also require written notification before any animal control measures are taken.
New York Legislation Would Require Slaughterhouses to Pay for Cost of Return for Escaped Animals
New York Assembly Bill 1301 would hold the owner or operator of any facility where animals are killed for food responsible for the costs of return for any animal that escapes. The bill would also require the facility to either pay a fee of $1000 per escaped animal or relinquish ownership of the animal.
New York Assembly Bill 1301 would hold the owner or operator of any facility where animals are killed for food responsible for the costs of return for any animal that escapes. The bill would also require the facility to either pay a fee of $1000 per escaped animal or relinquish ownership of the animal.
New York Considers Banning Possession of Animals by Offenders
New York Senate Bill 1257, Senate Bill 1259, and Assembly Bill 524 would prohibit anyone convicted of the crime of aggravated cruelty to animals from possessing a companion animal unless the offender undergoes psychological counseling and is approved by a court.
New York Senate Bill 1257, Senate Bill 1259, and Assembly Bill 524 would prohibit anyone convicted of the crime of aggravated cruelty to animals from possessing a companion animal unless the offender undergoes psychological counseling and is approved by a court.
Case Law Updates
Federal Case Law Updates
Minnesota Federal Judge Dismisses Dog Food False Advertising Suit
A Minnesota federal judge has dismissed a proposed class action arguing that Champion Petfoods misled consumers with the phrases “biologically appropriate,” “delivery nutrients naturally,” and “fresh regional ingredients” on the packages.
A Minnesota federal judge has dismissed a proposed class action arguing that Champion Petfoods misled consumers with the phrases “biologically appropriate,” “delivery nutrients naturally,” and “fresh regional ingredients” on the packages.
Tribe Sues Dam Operators for Killing Endangered Fish
The Puyallup Tribe has filed suit against the operators of a dam on the Puyallup River, alleging that the dam violates the Endangered Species Act by killing fish.
The Puyallup Tribe has filed suit against the operators of a dam on the Puyallup River, alleging that the dam violates the Endangered Species Act by killing fish.
CBD to File Endangered Species Suits Against Trump Administration
The Center for Biological Diversity intends to file suit under the Endangered Species Act challenging the Fish and Wildlife Service’s delay of protection for eleven species, including the Peñasco least chipmunk, the gopher tortoise, the Colorado Delta clam, the northern spotted owl, and the Monarch butterfly.
The Center for Biological Diversity intends to file suit under the Endangered Species Act challenging the Fish and Wildlife Service’s delay of protection for eleven species, including the Peñasco least chipmunk, the gopher tortoise, the Colorado Delta clam, the northern spotted owl, and the Monarch butterfly.
State Case Law Updates
California Court Orders Foster Farms to Comply with Pandemic Protocols
A California judge has issued a temporary restraining order against Foster Farms requiring the company to comply with CDC COVID-19 safety measures.
A California judge has issued a temporary restraining order against Foster Farms requiring the company to comply with CDC COVID-19 safety measures.
Agency Updates
FWS Announces Five-Year Review for Northern Long-Eared Bat
The Fish and Wildlife Service has announced its initiation of a five-year review of the status of the northern long-eared bat under the Endangered Species Act. The agency is accepting comments for the review until February 22, 2021.
The Fish and Wildlife Service has announced its initiation of a five-year review of the status of the northern long-eared bat under the Endangered Species Act. The agency is accepting comments for the review until February 22, 2021.
APHIS Solicits Comments on Regulation and Movement of Animals Modified by Genetic Engineering
The Animal and Plant Health Inspection Service has made an advance notice of proposed rulemaking and request for comments on establishing regulations for the movement of certain animals modified or developed by genetic engineering. The agency is accepting comments until February 26, 2021.
The Animal and Plant Health Inspection Service has made an advance notice of proposed rulemaking and request for comments on establishing regulations for the movement of certain animals modified or developed by genetic engineering. The agency is accepting comments until February 26, 2021.
NMFS Proposes Incidental Take of Marine Mammal Rule Change
The National Marine Fisheries Service has proposed to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan to reduce the incidental mortality and serious injury to North Atlantic right whales, fin whales, and humpback whales. The agency is accepting comments on the proposed rule until March 1, 2021.
The National Marine Fisheries Service has proposed to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan to reduce the incidental mortality and serious injury to North Atlantic right whales, fin whales, and humpback whales. The agency is accepting comments on the proposed rule until March 1, 2021.
FWS Reclassifies June Sucker to Threatened with a Section 4(d) Rule
The Fish and Wildlife Service has reclassified the June sucker, a Utah fish, from endangered to threatened with a section 4(d) rule. The rule is effective February 3, 2021.
The Fish and Wildlife Service has reclassified the June sucker, a Utah fish, from endangered to threatened with a section 4(d) rule. The rule is effective February 3, 2021.
FWS Finalizes Migratory Bird Treaty Act Rule
The Fish and Wildlife Service has issued a final rule defining the scope of the Migratory Bird Treaty Act as limited to actions directed at migratory birds, their nests, or their eggs. The rule is effective February 8, 2021.
The Fish and Wildlife Service has issued a final rule defining the scope of the Migratory Bird Treaty Act as limited to actions directed at migratory birds, their nests, or their eggs. The rule is effective February 8, 2021.
NMFS Proposes Critical Habitat for Ringed Seal and Bearded Seal
The National Marine Fisheries Service has revised its proposed designation for critical habitat for the Arctic subspecies of the ringed seal and proposed critical habitat for the Beringia distinct population segment of the Pacific bearded seal subspecies. The agency is accepting comments on both proposals until March 9, 2021.
The National Marine Fisheries Service has revised its proposed designation for critical habitat for the Arctic subspecies of the ringed seal and proposed critical habitat for the Beringia distinct population segment of the Pacific bearded seal subspecies. The agency is accepting comments on both proposals until March 9, 2021.
Academic Updates
Articles
A Legislative Approach to Addressing Factory Farming
An article by Michelle Johnson-Weider published in the Georgetown Environmental Law Review, “From Factory Farming to a Sustainable Food System: A Legislative Approach,” explores proposed legislation to address the true cost of factory farming.
An article by Michelle Johnson-Weider published in the Georgetown Environmental Law Review, “From Factory Farming to a Sustainable Food System: A Legislative Approach,” explores proposed legislation to address the true cost of factory farming.
Human Exceptionalism and Climate Change
A new study out of Northeastern University by Nicole Betz and John D. Coley, “Human Exceptionalism: A Cognitive Barrier to Understanding and Engaging with Global Climate Change,” explores the interaction between humans’ belief that they are fundamentally different than other species and their unwillingness to engage in the climate crisis.
A new study out of Northeastern University by Nicole Betz and John D. Coley, “Human Exceptionalism: A Cognitive Barrier to Understanding and Engaging with Global Climate Change,” explores the interaction between humans’ belief that they are fundamentally different than other species and their unwillingness to engage in the climate crisis.