Texas Governor Greg Abbott has signed into law House Bill 1480 which will make it a misdemeanor if a person “intentionally releases, steals, destroys, or otherwise causes the loss of an animal or crop from an animal or crop facility without the consent of the owner;” “damages, vandalizes, or steals any property on or from an animal or crop facility;” “breaks and enters into an animal or crop facility with the intent to destroy or alter records, data, materials, equipment, animals, or crops;” or “enters or remains on an animal or crop facility with the intent to commit” any of the above listed acts.
This Week's Spotlights
Legislative Updates - Passed State Actions
Texas Criminalizes Entering Animal Facilities
Texas Governor Vetoes Law to Ban Chaining Dogs Outside without Water or Shade
Texas Governor Greg Abbott vetoed Senate Bill 474 which would have prohibited leaving a dog outside and unattended without adequate shelter, shade, and potable water or with use of a weighted restraint, chain, or other restraint that “causes pain or injury to the dog.”
Texas Governor Greg Abbott vetoed Senate Bill 474 which would have prohibited leaving a dog outside and unattended without adequate shelter, shade, and potable water or with use of a weighted restraint, chain, or other restraint that “causes pain or injury to the dog.”
Case Law Updates - Federal Case Law Updates
Lawsuit Challenges Park Service’s Mismanagement of California Tule Elk
Representing three California residents and the Animal Legal Defense Fund, the Harvard Animal Law & Policy Clinic filed suit against the National Park Service challenging the agency’s confinement of the Tule elk behind a fence that has led to mass deaths by starvation and dehydration. The suit alleges that the agency’s failure to revise the General Management Plan of the Point Reyes National Seashore is a violation of the Administrative Procedure Act. Plaintiffs also filed a motion for a preliminary injunction requiring the Park Service to take immediate action to ensure the elk have access to sufficient forage and water.
Representing three California residents and the Animal Legal Defense Fund, the Harvard Animal Law & Policy Clinic filed suit against the National Park Service challenging the agency’s confinement of the Tule elk behind a fence that has led to mass deaths by starvation and dehydration. The suit alleges that the agency’s failure to revise the General Management Plan of the Point Reyes National Seashore is a violation of the Administrative Procedure Act. Plaintiffs also filed a motion for a preliminary injunction requiring the Park Service to take immediate action to ensure the elk have access to sufficient forage and water.
D.C. Circuit Dismisses Chicken Farm Loan Case on Standing Grounds
The D.C. Circuit Court of Appeals has dismissed a lawsuit brought by Food & Water Watch against the U.S. Department of Agriculture alleging the agency’s guarantee of a loan to construct a chicken farm violated the National Environmental Policy Act. The court ruled plaintiffs did not have standing because they failed to establish the claims were redressable after providing “no evidence that the lender or the farmer would apply for a new loan guarantee.” The lower court had dismissed the suit on its merits.
The D.C. Circuit Court of Appeals has dismissed a lawsuit brought by Food & Water Watch against the U.S. Department of Agriculture alleging the agency’s guarantee of a loan to construct a chicken farm violated the National Environmental Policy Act. The court ruled plaintiffs did not have standing because they failed to establish the claims were redressable after providing “no evidence that the lender or the farmer would apply for a new loan guarantee.” The lower court had dismissed the suit on its merits.
Case Law Updates - State Case Law Updates
Lawsuit Challenges Smithfield Claims Regarding Worker Safety and Potential Meat Shortage
Food & Water Watch has filed suit against Smithfield Foods alleging the meatpacking company made false and misleading claims during the COVID-19 pandemic that it was prioritizing worker safety and that a nationwide meat shortage was imminent.
Food & Water Watch has filed suit against Smithfield Foods alleging the meatpacking company made false and misleading claims during the COVID-19 pandemic that it was prioritizing worker safety and that a nationwide meat shortage was imminent.
Colorado Supreme Court Invalidates Animal Cruelty Ballot Measure
The Colorado Supreme Court has ruled that Initiative 16—a proposed ballot initiative which would have eliminated some exemptions in the state’s criminal animal cruelty statutes and expanded the definition of “sexual act with an animal”—violates the state constitution’s single-subject requirement. In overruling the state Title Board, the court held that while the central theme of the initiative was “incorporating livestock into the animal cruelty statutes,” because the sexual act criminal expansion applied to animals other than livestock, the measure failed the single-subject requirement.
The Colorado Supreme Court has ruled that Initiative 16—a proposed ballot initiative which would have eliminated some exemptions in the state’s criminal animal cruelty statutes and expanded the definition of “sexual act with an animal”—violates the state constitution’s single-subject requirement. In overruling the state Title Board, the court held that while the central theme of the initiative was “incorporating livestock into the animal cruelty statutes,” because the sexual act criminal expansion applied to animals other than livestock, the measure failed the single-subject requirement.
Agency Updates
APHIS Proposes Revisions to Animal Contingency Plan Rule
The Animal and Plant Health Inspection Service has proposed revisions to the requirements for research facilities and dealers, exhibitors, intermediate handlers, and carriers for contingency planning and training of personnel. By lifting an internal stay that has been in place since 2013, the agency states the revisions “would better ensure that entities responsible for animals regulated under the Animal Welfare Act are prepared to safeguard the health and welfare of such animals in the event of possible emergencies or disasters.” The agency is accepting comments on the proposal until August 24, 2021.
The Animal and Plant Health Inspection Service has proposed revisions to the requirements for research facilities and dealers, exhibitors, intermediate handlers, and carriers for contingency planning and training of personnel. By lifting an internal stay that has been in place since 2013, the agency states the revisions “would better ensure that entities responsible for animals regulated under the Animal Welfare Act are prepared to safeguard the health and welfare of such animals in the event of possible emergencies or disasters.” The agency is accepting comments on the proposal until August 24, 2021.
Academic Updates - Articles
Sanctuary to Table Dining: Cellular Agriculture and the Ethics of Cell Donor Animals
A new article by Jan Dutkiewicz and Elan Abrell published in Politics and Animals examines the ethical implications of using “cell donor animals” in the production of cultivated animal products.
A new article by Jan Dutkiewicz and Elan Abrell published in Politics and Animals examines the ethical implications of using “cell donor animals” in the production of cultivated animal products.
Legislative Updates
Pending Federal Actions
Congress Considers Revision to Endangered Species Act
Senate Bill 2070 aims to “clarify that noncommercial species found entirely within the borders of a single state are not in interstate commerce or subject to regulation under the Endangered Species Act.” The full text of the bill can be found here.
Senate Bill 2070 aims to “clarify that noncommercial species found entirely within the borders of a single state are not in interstate commerce or subject to regulation under the Endangered Species Act.” The full text of the bill can be found here.
Bill Would Require Delisting of Some Species from Endangered Species Act
House Bill 3973 would require delisting of species from the Endangered Species Act when certain requirements are met and require that five-year reviews of species either re-assert a finding that listing is warranted or delist the species.
House Bill 3973 would require delisting of species from the Endangered Species Act when certain requirements are met and require that five-year reviews of species either re-assert a finding that listing is warranted or delist the species.
Congress Considers Reintroduced Humane and Existing Alternatives in Research and Testing Sciences
House Bill 4101, the Humane and Existing Alternatives in Research and Testing Sciences (HEARTS) Act, would direct the National Institutes of Health to ensure that non-animal methods are prioritized in proposals for all research funded by the agency. This would be accomplished by establishing incentives for non-animal research and testing and fully evaluating non-animal alternatives. The bill was previously introduced in 2019.
House Bill 4101, the Humane and Existing Alternatives in Research and Testing Sciences (HEARTS) Act, would direct the National Institutes of Health to ensure that non-animal methods are prioritized in proposals for all research funded by the agency. This would be accomplished by establishing incentives for non-animal research and testing and fully evaluating non-animal alternatives. The bill was previously introduced in 2019.
Legislation Would Provide Grants for Microchipping Dogs and Cats
House Bill 4180, the Keeping Pets and Families Together Act, would establish a grant program within the U.S. Department of Agriculture to provide for the microchipping of dogs and cats in the care of animal shelters.
House Bill 4180, the Keeping Pets and Families Together Act, would establish a grant program within the U.S. Department of Agriculture to provide for the microchipping of dogs and cats in the care of animal shelters.
Passed State Actions
Texas Criminalizes Entering Animal Facilities
Texas Governor Greg Abbott has signed into law House Bill 1480 which will make it a misdemeanor if a person “intentionally releases, steals, destroys, or otherwise causes the loss of an animal or crop from an animal or crop facility without the consent of the owner;” “damages, vandalizes, or steals any property on or from an animal or crop facility;” “breaks and enters into an animal or crop facility with the intent to destroy or alter records, data, materials, equipment, animals, or crops;” or “enters or remains on an animal or crop facility with the intent to commit” any of the above listed acts.
Texas Governor Greg Abbott has signed into law House Bill 1480 which will make it a misdemeanor if a person “intentionally releases, steals, destroys, or otherwise causes the loss of an animal or crop from an animal or crop facility without the consent of the owner;” “damages, vandalizes, or steals any property on or from an animal or crop facility;” “breaks and enters into an animal or crop facility with the intent to destroy or alter records, data, materials, equipment, animals, or crops;” or “enters or remains on an animal or crop facility with the intent to commit” any of the above listed acts.
Texas Governor Vetoes Law to Ban Chaining Dogs Outside without Water or Shade
Texas Governor Greg Abbott vetoed Senate Bill 474 which would have prohibited leaving a dog outside and unattended without adequate shelter, shade, and potable water or with use of a weighted restraint, chain, or other restraint that “causes pain or injury to the dog.”
Texas Governor Greg Abbott vetoed Senate Bill 474 which would have prohibited leaving a dog outside and unattended without adequate shelter, shade, and potable water or with use of a weighted restraint, chain, or other restraint that “causes pain or injury to the dog.”
Pending State Actions
New York Considers Regulation of Retail Sale of Dogs, Cats, Rabbits
New York Assembly Bill 8118 would allow retail pet shops to sell dogs, cats, and rabbits only if the shop “provides information on where the retail pet shop received each animal and how much money such shop paid to obtain each animal.”
New York Assembly Bill 8118 would allow retail pet shops to sell dogs, cats, and rabbits only if the shop “provides information on where the retail pet shop received each animal and how much money such shop paid to obtain each animal.”
Delaware Legislation Would Require Pet Food Manufacturers Contribute to Spay/Neuter Fund
Delaware Senate Bill 185 would increase the fee on manufactured cat and dog food to $100 per brand over three years and distribute the earnings from this increase to a state spay and neuter fund.
Delaware Senate Bill 185 would increase the fee on manufactured cat and dog food to $100 per brand over three years and distribute the earnings from this increase to a state spay and neuter fund.
Case Law Updates
Federal Case Law Updates
Judge Grants Preliminary Injunction Blocking Reopening of Water Intake System over ESA-Listed Fish Species
A federal judge has issued a preliminary injunction blocking the reopening of a water intake system for a Washington dam, saying that it would put fish protected by the Endangered Species Act at risk. In granting the request by the Puyallup Tribe of Indians, the court rejected defense arguments that the focus should be on harm to a species as a whole and reiterated that “[h]arm to individual members is sufficient to establish an unlawful take for purposes of an ESA Section 9 case.”
A federal judge has issued a preliminary injunction blocking the reopening of a water intake system for a Washington dam, saying that it would put fish protected by the Endangered Species Act at risk. In granting the request by the Puyallup Tribe of Indians, the court rejected defense arguments that the focus should be on harm to a species as a whole and reiterated that “[h]arm to individual members is sufficient to establish an unlawful take for purposes of an ESA Section 9 case.”
Lawsuit Challenges Park Service’s Mismanagement of California Tule Elk
Representing three California residents and the Animal Legal Defense Fund, the Harvard Animal Law & Policy Clinic filed suit against the National Park Service challenging the agency’s confinement of the Tule elk behind a fence that has led to mass deaths by starvation and dehydration. The suit alleges that the agency’s failure to revise the General Management Plan of the Point Reyes National Seashore is a violation of the Administrative Procedure Act. Plaintiffs also filed a motion for a preliminary injunction requiring the Park Service to take immediate action to ensure the elk have access to sufficient forage and water.
Representing three California residents and the Animal Legal Defense Fund, the Harvard Animal Law & Policy Clinic filed suit against the National Park Service challenging the agency’s confinement of the Tule elk behind a fence that has led to mass deaths by starvation and dehydration. The suit alleges that the agency’s failure to revise the General Management Plan of the Point Reyes National Seashore is a violation of the Administrative Procedure Act. Plaintiffs also filed a motion for a preliminary injunction requiring the Park Service to take immediate action to ensure the elk have access to sufficient forage and water.
D.C. Circuit Dismisses Chicken Farm Loan Case on Standing Grounds
The D.C. Circuit Court of Appeals has dismissed a lawsuit brought by Food & Water Watch against the U.S. Department of Agriculture alleging the agency’s guarantee of a loan to construct a chicken farm violated the National Environmental Policy Act. The court ruled plaintiffs did not have standing because they failed to establish the claims were redressable after providing “no evidence that the lender or the farmer would apply for a new loan guarantee.” The lower court had dismissed the suit on its merits.
The D.C. Circuit Court of Appeals has dismissed a lawsuit brought by Food & Water Watch against the U.S. Department of Agriculture alleging the agency’s guarantee of a loan to construct a chicken farm violated the National Environmental Policy Act. The court ruled plaintiffs did not have standing because they failed to establish the claims were redressable after providing “no evidence that the lender or the farmer would apply for a new loan guarantee.” The lower court had dismissed the suit on its merits.
CBD Challenges Failure of FWS to List Several Species Under ESA
The Center for Biological Diversity has filed suit alleging the Fish and Wildlife Service has failed to make required findings as to whether seven species warrant listing under the Endangered Species Act. In response to earlier petitions, the agency determined that listing the seven species was “warranted but precluded.” Such a finding triggers a requirement to reconsider the petition within 12 months, but the last determination for the seven species was issued 20 months ago.
The Center for Biological Diversity has filed suit alleging the Fish and Wildlife Service has failed to make required findings as to whether seven species warrant listing under the Endangered Species Act. In response to earlier petitions, the agency determined that listing the seven species was “warranted but precluded.” Such a finding triggers a requirement to reconsider the petition within 12 months, but the last determination for the seven species was issued 20 months ago.
State Case Law Updates
Lawsuit Challenges Smithfield Claims Regarding Worker Safety and Potential Meat Shortage
Food & Water Watch has filed suit against Smithfield Foods alleging the meatpacking company made false and misleading claims during the COVID-19 pandemic that it was prioritizing worker safety and that a nationwide meat shortage was imminent.
Food & Water Watch has filed suit against Smithfield Foods alleging the meatpacking company made false and misleading claims during the COVID-19 pandemic that it was prioritizing worker safety and that a nationwide meat shortage was imminent.
Colorado Supreme Court Invalidates Animal Cruelty Ballot Measure
The Colorado Supreme Court has ruled that Initiative 16—a proposed ballot initiative which would have eliminated some exemptions in the state’s criminal animal cruelty statutes and expanded the definition of “sexual act with an animal”—violates the state constitution’s single-subject requirement. In overruling the state Title Board, the court held that while the central theme of the initiative was “incorporating livestock into the animal cruelty statutes,” because the sexual act criminal expansion applied to animals other than livestock, the measure failed the single-subject requirement.
The Colorado Supreme Court has ruled that Initiative 16—a proposed ballot initiative which would have eliminated some exemptions in the state’s criminal animal cruelty statutes and expanded the definition of “sexual act with an animal”—violates the state constitution’s single-subject requirement. In overruling the state Title Board, the court held that while the central theme of the initiative was “incorporating livestock into the animal cruelty statutes,” because the sexual act criminal expansion applied to animals other than livestock, the measure failed the single-subject requirement.
Agency Updates
FWS Announces Initiation of Five-Year Review for 20 Species Under Endangered Species Act
The Fish and Wildlife Service has announced it is initiating a five-year review under the Endangered Species Act for three species of birds, two species of reptiles, two species of amphibians, two species of fishes, five species of clams, and six species of snails under the Endangered Species Act. The agency is accepting comments to assist in its reviews until August 23, 2021.
The Fish and Wildlife Service has announced it is initiating a five-year review under the Endangered Species Act for three species of birds, two species of reptiles, two species of amphibians, two species of fishes, five species of clams, and six species of snails under the Endangered Species Act. The agency is accepting comments to assist in its reviews until August 23, 2021.
FWS Proposes to Downlist Fender’s Blue Butterfly from Endangered to Threatened
The Fish and Wildlife Service has proposed a new rule to reclassify the Fender’s blue butterfly from endangered to threatened under the Endangered Species Act. The agency is accepting comments on the proposal until August 23, 2021.
The Fish and Wildlife Service has proposed a new rule to reclassify the Fender’s blue butterfly from endangered to threatened under the Endangered Species Act. The agency is accepting comments on the proposal until August 23, 2021.
FWS Reopens Comment Period to Downlist Hawaiian Stilt from Endangered to Threatened with a 4(d) Rule
The Fish and Wildlife Service has reopened the comment period for its proposed new rule to reclassify the Hawaiian stilt from endangered to threatened with a 4(d) rule under the Endangered Species Act. The agency is now accepting comments on the proposal until July 23, 2021.
The Fish and Wildlife Service has reopened the comment period for its proposed new rule to reclassify the Hawaiian stilt from endangered to threatened with a 4(d) rule under the Endangered Species Act. The agency is now accepting comments on the proposal until July 23, 2021.
FWS Removes Kanab Ambersnail from ESA Listed Species
The Fish and Wildlife Service has issued a final rule removing the Kanab ambersnail from the list of species protected under the Endangered Species Act, after determining that it is “not a valid subspecies and therefore cannot be listed as an endangered entity.” The rule is effective July 26, 2021.
The Fish and Wildlife Service has issued a final rule removing the Kanab ambersnail from the list of species protected under the Endangered Species Act, after determining that it is “not a valid subspecies and therefore cannot be listed as an endangered entity.” The rule is effective July 26, 2021.
FWS Proposes to Revise Regulation for Nonessential Experimental Population of Black-Footed Ferrets
The Fish and Wildlife Service has proposed a revision to the management of black-footed ferrets under the Endangered Species Act that would “allow the reintroduction of ferrets across a larger landscape as part of a nonessential experimental population.” The agency is accepting comments on the proposal until August 24, 2021.
The Fish and Wildlife Service has proposed a revision to the management of black-footed ferrets under the Endangered Species Act that would “allow the reintroduction of ferrets across a larger landscape as part of a nonessential experimental population.” The agency is accepting comments on the proposal until August 24, 2021.
FWS Announces Initiation of Five-Year Review for 15 Species Under Endangered Species Act
The Fish and Wildlife Service has announced it is initiating a five-year review under the Endangered Species Act for two species of mammals, six species of birds, and seven species of insects. The agency is accepting comments to assist in its reviews until August 24, 2021.
The Fish and Wildlife Service has announced it is initiating a five-year review under the Endangered Species Act for two species of mammals, six species of birds, and seven species of insects. The agency is accepting comments to assist in its reviews until August 24, 2021.
APHIS Proposes Revisions to Animal Contingency Plan Rule
The Animal and Plant Health Inspection Service has proposed revisions to the requirements for research facilities and dealers, exhibitors, intermediate handlers, and carriers for contingency planning and training of personnel. By lifting an internal stay that has been in place since 2013, the agency states the revisions “would better ensure that entities responsible for animals regulated under the Animal Welfare Act are prepared to safeguard the health and welfare of such animals in the event of possible emergencies or disasters.” The agency is accepting comments on the proposal until August 24, 2021.
The Animal and Plant Health Inspection Service has proposed revisions to the requirements for research facilities and dealers, exhibitors, intermediate handlers, and carriers for contingency planning and training of personnel. By lifting an internal stay that has been in place since 2013, the agency states the revisions “would better ensure that entities responsible for animals regulated under the Animal Welfare Act are prepared to safeguard the health and welfare of such animals in the event of possible emergencies or disasters.” The agency is accepting comments on the proposal until August 24, 2021.
Academic Updates
Articles
Sanctuary to Table Dining: Cellular Agriculture and the Ethics of Cell Donor Animals
A new article by Jan Dutkiewicz and Elan Abrell published in Politics and Animals examines the ethical implications of using “cell donor animals” in the production of cultivated animal products.
A new article by Jan Dutkiewicz and Elan Abrell published in Politics and Animals examines the ethical implications of using “cell donor animals” in the production of cultivated animal products.