Animal rights groups often pursue consumer-type cases against food producers and argue that packaging claims and images supposedly mislead buyers into thinking that the animals turned into food were humanely raised. The goal really isn’t transparency. The goal is to use the cost of defending such claims to end the eating of animals as food. On August 9, 2024, the D.C. Circuit knocked out such a case on standing grounds. Animal Legal Defense Fund, Inc., v. Vilsack, No. 23-5009 (D.C. Cir. Aug. 9, 2024). Continue reading “D.C. Circuit Bounces Animal Rights Case on Standing Grounds”
Supreme Court Guts USDA’s Power to Assess Civil Penalties Under the Animal Welfare Act
Somewhat overshadowed by Chevron’s spectacular crash and burn last week was the Supreme Court’s decision the day before in SEC v. Jarkesy, No. 22-859 (U.S. June 27, 2024), holding that the SEC’s assessment of civil penalties in an administrative proceeding is unconstitutional because it deprives the party assessed of its Seventh Amendment right to trial by jury. This result has particular significance for those regulated by the U.S. Department of Agriculture (USDA) under the Animal Welfare Act (AWA). Continue reading “Supreme Court Guts USDA’s Power to Assess Civil Penalties Under the Animal Welfare Act”
Supreme Court Puts an End to “Resource Drain” Standing
To paraphrase the line from “Forrest Gump,” Supreme Court opinions are like “a box of chocolates; you never know what you are going to get.” For standing nerds, there was a gem in today’s opinion in FDA v. Alliance for Hippocratic Medicine, No. 23-25 (U.S. June 13, 2024). Continue reading “Supreme Court Puts an End to “Resource Drain” Standing”
USDA and DOJ Announce Top Priorities for Civil Enforcement of the Animal Welfare Act
By Michelle C. Pardo and Brian Pandya
Last month, the Department of Justice Environmental and Natural Resources Division (ENRD), the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) and the USDA Office of General Counsel (OGC) announced the issuance of a Memorandum of Understanding (MOU) on civil judicial enforcement of the Animal Welfare Act (AWA). What does this mean for USDA licensees and registrants? Our Q&A breaks it down. Continue reading “USDA and DOJ Announce Top Priorities for Civil Enforcement of the Animal Welfare Act”
Fourth Circuit Sends Family Dog Shooting Case to Trial
The U.S. Court of Appeals for the Fourth Circuit recently reversed a summary judgment in favor of a police officer who had been sued for an unreasonable seizure under the Fourth Amendment arising out of an incident that had resulted in the shooting death of a pet dog. According to the appellate court, the conflicting accounts of what happened could only be resolved by a jury. Ray v. Roane, No. 22-2120 (4th Cir. Feb. 22, 2024). Continue reading “Fourth Circuit Sends Family Dog Shooting Case to Trial”
PETA’s Animal “Shelter” Continues as a Leader in Animal Death
Animal rights group People for the Ethical Treatment of Animals (PETA) recently posted the “news” that it had “newly obtained public records” showing that certain research universities had euthanized laboratory animals during the COVID-19 pandemic and that PETA had complained about this to the National Institutes of Health. In its zeal to attack the use of animals in medical research, PETA described this as a “mass killing spree.” What this ignores, however, as reported by The Chronicle of Higher Education back in 2020 when all this happened, is that universities made these difficult decisions because they had no choice. Social distancing requirements that forced animal care personnel to stay out of the labs, precluded the delivery of proper animal care. It was not humane to allow the animals to go without food, water and other husbandry. But what we thought was particularly interesting is PETA’s use of the rhetoric “mass killing spree” in light of what goes on in its own facility in Norfolk, Virginia. Continue reading “PETA’s Animal “Shelter” Continues as a Leader in Animal Death”
Eighth Circuit Animal Rights “Ag Gag Law” Challenge Fail – Part II
Yesterday, we reported on a decision by the U.S. Court of Appeals for the Eighth Circuit that rejected a challenge by animal rights activists to a so-called “ag gag law” in Iowa. In a parallel decision the same day, the court issued another opinion rejecting a First Amendment challenge by animal rights groups to another aspect of the same law. Animal Legal Defense Fund v. Reynolds, No. 22-3464 (8th Cir. Jan. 8, 2024). Continue reading “Eighth Circuit Animal Rights “Ag Gag Law” Challenge Fail – Part II”
Animal Rights Challenge to Iowa “Ag Gag Law” Fails in Eighth Circuit
On January 8, 2024, the U.S. Court of Appeals for the Eighth Circuit rejected a constitutional challenge brought by the Animal Legal Defense Fund, People for the Ethical Treatment of Animals (PETA) and other groups to an Iowa statute that prohibits “agricultural facility fraud.” Animal Legal Defense Fund v. Reynolds, No. 22-1830 (8th Cir. Jan. 8, 2024). Statutes like this are often termed “ag gag laws” by their opponents. The district court had declared that the law violates the First Amendment, but the court of appeals reversed. Continue reading “Animal Rights Challenge to Iowa “Ag Gag Law” Fails in Eighth Circuit”
Nonhuman Rights Project Loses Another Habeas Case for Elephants
As we have reported previously (here, here, here, here), an animal rights group called the Nonhuman Rights Project (NhRP) has a history of filing fruitless cases to establish that animals should have the same basic rights as people. NhRP has used the common law and statutory writ of habeas corpus in an effort to “liberate” elephants and apes from various U.S. zoos and other facilities. None of these cases has succeeded. The most recent failure occurred this month in Colorado where a state court judge denied a habeas writ with respect to five African elephants residing at the Cheyenne Mountain Zoological Society. Nonhuman Rights Project, Inc. v. Cheyenne Mountain Zoological Society, et al., No. 23CV31236 (Colo. Dist Ct., El Paso County Dec. 3, 2023). Continue reading “Nonhuman Rights Project Loses Another Habeas Case for Elephants”
Sonoma County Jury Convicts Animal Rights Leader In Farm Trespass Case
by Michelle C. Pardo
Wayne Hsiung, the co-founder of Direct Action Everywhere (DxE), a Berkeley, California based animal activist group, was found guilty of two counts of misdemeanor trespass and one count of felony conspiracy to trespass on November 2, following a two month jury trial. The jury could not reach a unanimous verdict on a second felony conspiracy charge, resulting in a mistrial on that charge. Hsiung’s conviction followed six days of deliberations by a jury in Santa Rosa, California. Hsiung was taken into custody immediately following the verdict. Continue reading “Sonoma County Jury Convicts Animal Rights Leader In Farm Trespass Case”