November 2018 – Animal Law Developments

November 29, 2018 by John M. Simpson

U.S. Supreme Court Decides Dusky Gopher Frog Case

By John M. Simpson.

On November 27, 2018, the U.S. Supreme Court issued its decision in a closely watched Endangered Species Act (ESA) case involving the U.S. Fish & Wildlife Service’s (FWS’s) designation of “critical habitat” for an endangered species known as the “dusky gopher frog” (Rana sevosa). Weyerhaeuser Co. v. U.S. Fish & Wildlife Serv., 586 U.S. ___, No. 17-71 (Nov. 27, 2018). The Court reversed the Fifth Circuit’s decision which had upheld the FWS designation. Continue reading “U.S. Supreme Court Decides Dusky Gopher Frog Case”

November 20, 2018 by Michelle Pardo

USDA and FDA Announce Joint Regulatory Oversight for Cell-Cultured Food Products

by Michelle C. Pardo

On November 16, 2018, the U.S. Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) announced that the two Agencies will jointly oversee the production of cell-cultured food products derived from livestock and poultry (referred to by some as “clean meat”). This announcement follows October meetings between the two Agencies and stakeholders about issues related to regulatory oversight for this new technology, including issues related to potential hazards in production.

In an official statement:

“the Agencies are today announcing agreement on a joint regulatory framework wherein FDA oversees cell collection, cell banks and cell growth and differentiation. A transition from FDA to USDA oversight will occur during the cell harvest stage. USDA will then oversee the production and labeling of food products derived from the cells of livestock and poultry.”

The Agencies noted that this joint oversight takes advantage of the FDA’s and the USDA’s respective experience with new food technologies, living bio systems, and regulation of livestock and poultry products for human consumption. The Agencies and the Administration have taken the position that no new legislation on this topic is necessary. While many in the meat industry had presumed that the two Agencies would share regulatory oversight, the respective roles were not defined prior to this announcement. Cell-cultured meat companies seemed to have favored the FDA as the primary regulatory agency, while those that raise livestock and poultry for slaughter tended to favor the USDA taking the lead.

Some traditional meat companies have criticized cell-cultured meat technology as “fake meat”. We previously blogged about a lawsuit challenging state laws that limit what type of product can be labeled as “meat”. (“What’s Your Beef: Legal Challenge to Missouri’s Meat Advertising Law) https://blogs.duanemorris.com/animallawdevelopments/tag/clean-meat/. Whatever the products marketed and sold to consumers are eventually called — be it “cell-cultured food products”, “clean meat”, “lab grown meat”, “synthetic meat” or “in vitro meat” — this technology is bound to spark further debate among stakeholders in the food industries, the scientific community, consumers, and animal rights activists.

The public comment period on this issue is extended until December 26, 2018.

November 14, 2018November 14, 2018 by John M. Simpson

New York Court of Appeals Tosses Kaporos Animal Cruelty Case

by John M. Simpson

On November 14, 2018, the New York Court of Appeals affirmed the dismissal of a mandamus petition seeking to enforce certain state animal cruelty laws against the practice of Kaporos. The Alliance to End Chickens as Kaporos, et al. v. New York City Police Dep’t, et al., No. 126 (N.Y. Nov. 14, 2018). The Court of Appeals ruled that the “extraordinary remedy” of mandamus was not available because “[e]nforcement of the laws cited by plaintiffs would involve some exercise of discretion …” and plaintiffs “do not seek to compel the performance of ministerial duties but, rather, seek to compel a particular outcome.” Id., slip. op. 2, 3 (citations omitted). Continue reading “New York Court of Appeals Tosses Kaporos Animal Cruelty Case”

November 14, 2018 by John M. Simpson

Voters Approve Two Key Animal-Related Ballot Initiatives

By John M. Simpson.

Two animal-law-related measures of note were passed during the recent mid-term elections.

Proposition 12. In California, voters approved Proposition 12 which establishes new standards for the confinement of certain farm animals. The measure sets new minimum requirements for farmers as to space for egg-laying hens and calves raised for veal (to be adopted by 2020) and for breeding pigs (to be adopted by 2022). The standards apply, not only to eggs, pork and veal produced in California but also to such products imported into the state and produced elsewhere. Continue reading “Voters Approve Two Key Animal-Related Ballot Initiatives”

November 1, 2018November 2, 2018 by John M. Simpson

PETA Strikes Out Again in Eleventh Circuit

by John M. Simpson.

A petition for rehearing filed by People for the Ethical Treatment of Animals (PETA) was recently denied by the U.S. Court of Appeals for the Eleventh Circuit in an Endangered Species Act (ESA) case involving a killer whale (Orcinus orca) maintained by the Miami Seaquarium. The denial left standing a significant ruling by the court under the ESA. PETA v. Miami Seaquarium, 879 F.3d 1142 (11th Cir. 2018). Continue reading “PETA Strikes Out Again in Eleventh Circuit”