February 2020 – Animal Law Developments

February 20, 2020 by John M. Simpson

New York Court Denies Habeas Petition for Bronx Zoo Elephant

by John M. Simpson.

On February 18, 2020, a trial court in Bronx County, New York, denied a habeas corpus petition filed by the Nonhuman Rights Project (NhRP) on behalf of “Happy,” a 48-year old Asian elephant residing in the Bronx Zoo. Nonhuman Rights Project v. Breheny, No. 260441/19 (N.Y. Sup. Ct., Bronx Cty. Feb. 18, 2020). The court ruled, based on binding New York precedent, that “Happy” is not a “person” for purposes of habeas corpus relief. Continue reading “New York Court Denies Habeas Petition for Bronx Zoo Elephant”

February 19, 2020 by John M. Simpson

D.C. District Court Rejects Challenge to BLM Wild Horse Removal Decisions

by John M. Simpson.

The U.S. District Court for the District of Columbia recently rejected claims challenging actions by the U.S. Department of Interior, acting through the Bureau of Land Management (BLM), to remove wild horses from an area of federal land in Nevada known as the Caliente Complex. In 2008, BLM issued a resource management plan (RMP) for the area that, due to wild hors e overpopulation and the ecological effects that stemmed therefrom, effectively set an appropriate management level of wild horses as zero for the entire Complex. BLM thereupon removed horses from the Complex, but due to overpopulation and ecological imbalance, BLM determined in 2018 that all wild horses be removed (2018 Gather Decision). Plaintiffs challenged both actions as contrary to the Wild Free-Roaming Horses and Burros Act (WHBA) and the National Environmental Policy Act (NEPA). The court granted summary judgment for the federal defendants and dismissed all claims. American Wild Horse Campaign v. Bernhardt, No. 18-1529 (BAH) (D.D.C. Feb. 13, 2020). Continue reading “D.C. District Court Rejects Challenge to BLM Wild Horse Removal Decisions”

February 14, 2020 by John M. Simpson

D.C. District Court Dismisses Endangered Species Act Case for Lack of Article III Standing

by John M. Simpson.

A U.S. District Court in the District of Columbia recently dismissed a lawsuit brought under the Endangered Species Act (ESA) and the federal Administrative Procedure Act by the Center for Biological Diversity (CBD) against the Secretary of the Interior and the U.S. Fish and Wildlife Service (FWS). Center for Biological Diversity v. Bernhardt, No. 18-2576 (RC) (D.D.C. Feb. 12, 2020). CBD asserted that FWS’s guidelines for species-specific species status assessments (SSA’s) were issued without the requisite notice and comment. The guidelines for species-specific SSA’s provide an analytical framework for the agency’s listing and critical habitat decisions under the ESA. The court dismissed the case for lack of Article III standing. Continue reading “D.C. District Court Dismisses Endangered Species Act Case for Lack of Article III Standing”

February 11, 2020 by Rebecca E. Bazan

Right Whale Case Alright to Proceed Past Motion to Dismiss

The self-proclaimed activist “Prince of Whales,” Richard Strahan, received a partial victory this week in his lawsuit alleging that Massachusetts’ regulations requiring lobster fisherman to use certain gear violate the Endangered Species Act.

Continue reading “Right Whale Case Alright to Proceed Past Motion to Dismiss”

February 7, 2020February 14, 2020 by John M. Simpson

Mental Health Service Dog Bill For Veterans Passes House

by John M. Simpson.

On February 5, 2020, the U.S. House of Representatives passed, by voice vote, H.R. 4305, entitled the “Puppies Assisting Wounded Servicemembers for Veterans Therapy Act” or “PAWS for Veterans Therapy Act.” If the bill becomes law it would establish a pilot program in which grants from the Department of Veterans Affairs would be made to assess the “effectiveness of addressing post-deployment mental health and post-traumatic stress disorder … symptoms through a therapeutic medium of training service dogs for veterans with disabilities.” Among other things, grantee organizations would ensure that participating veterans would receive “training from certified service dog training instructors for a period of time determined appropriate … including service skills to address or alleviate symptoms unique to veterans’ needs.” Continue reading “Mental Health Service Dog Bill For Veterans Passes House”

February 4, 2020 by John M. Simpson

PETA Animal “Shelter” Continues to Show High Euthanization Rate

by John M. Simpson.

People for the Ethical Treatment of Animals (PETA) is well known for its publicity-seeking tactics. Over the past Super Bowl weekend, PETA generated controversy with a commercial that it claims was rejected by the Fox Network which depicted cartoon animals “taking a knee” during the National Anthem. The social media response was not positive. Some critics saw this as trivializing and misappropriating Colin Kaepernick’s protest activities or trivializing the civil rights movement in general. During this same period, PETA’s founder, Ingrid Newkirk, went on record claiming that calling a pet a “pet” is offensive and disrespectful and tantamount to calling a woman “honey” or “sweetie,” drawing another offensive comparison — this time between dog or cat ownership and sexual discrimination and harassment. Continue reading “PETA Animal “Shelter” Continues to Show High Euthanization Rate”

February 3, 2020 by Michelle Pardo

CA, IL, NV Ban Animal-Tested Cosmetics

by Jessica Linse

Beginning January 1, 2020, California, Illinois, and Nevada became the first states to ban the sale of cosmetic products and ingredients that have been tested on animals.

On September 28, 2018, Governor Jerry Brown signed the California Cruelty-Free Cosmetics Act (SB 1259), which became the first state law to prohibit the sale of any cosmetic or ingredient tested on animals. Continue reading “CA, IL, NV Ban Animal-Tested Cosmetics”