Roadkill Provisions of Infrastructure Bill: Needed or Just a Boondoggle?

To paraphrase Forrest Gump’s mother, congressional spending measures are “like a box of chocolates.  You never know what you’re gonna get.”  This is no less true with respect the recent infrastructure bill, H.R. 3684, that passed the U.S. Senate on August 10 in engrossed amendment form.  Continue reading “Roadkill Provisions of Infrastructure Bill: Needed or Just a Boondoggle?”

Eighth Circuit Upholds Part of Iowa “Ag Gag” Law

Today, the U.S. Court of Appeals for the Eighth Circuit upheld, in part, the constitutionality of an Iowa law that makes it a criminal offense to obtain access to an agricultural facility by false pretenses.  Animal Legal Def. Fund v. Reynolds, No. 19-1364 (8th Cir. Aug. 10, 2021).  The court reversed in part a district court ruling that the law violated the First Amendment. Continue reading “Eighth Circuit Upholds Part of Iowa “Ag Gag” Law”

Ninth Circuit Rebuffs Constitutional Challenge to Beef Check-Off

On July 27, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment against claims that certain promotional activities funded by beef check-off funds amounted to unconstitutional compelled speech.  Ranchers Cattlemen Action Legal Fund v. Vilsack, No. 20-35453 (9th Cir. July 27, 2021). Continue reading “Ninth Circuit Rebuffs Constitutional Challenge to Beef Check-Off”

Proposed Ballot Initiative Would End Animal Protein Production and Hunting in Oregon

On June 21, 2021, the Oregon secretary of state received Initiative Petition 2022-13 (IP 13), a ballot initiative for the November 8, 2022 general election which had been captioned by the state attorney general as follows:  “Criminalizes injuring/killing animals, including killing for food, hunting, fishing; criminalizes most breeding practices.  Exceptions.”  IP 13, which emerged last November, would have far-reaching effects in Oregon if adopted by voters next year. Continue reading “Proposed Ballot Initiative Would End Animal Protein Production and Hunting in Oregon”

APHIS Dusts Off Animal Handling Contingency Planning Rules

Today, the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture issued advance notice that, on June 25, 2021, the agency will publish notice in the Federal Register of its intention to implement regulations, adopted in 2012, that require entities subject to the Animal Welfare Act (AWA) to have contingency plans for handling animals in the event of possible emergencies or disasters.  The rules, which had been prompted by events during the 2005 hurricane season, had been stayed by APHIS since July 31, 2013 based on claims by small entities that these regulatory requirements were excessive. Continue reading “APHIS Dusts Off Animal Handling Contingency Planning Rules”

Colorado Supreme Court Nixes Anti-Farm Ballot Initiative

On June 21, 2021, the Supreme Court of Colorado issued a decision reversing the actions of the Colorado Title Board that had approved the wording of a controversial ballot initiative backed by animal rights activists.  In the Matter of the Title, Ballot Title and Submission Clause for 2021-2022 #16, No. 2021 CO 55  (Colo. June 21, 2021).  The Board was ordered to strike the titles and return the initiative to its proponents. Continue reading “Colorado Supreme Court Nixes Anti-Farm Ballot Initiative”

Activist Case Involving Chicken Farm Fails in D.C. Circuit on Standing Grounds

On June 22, 2021, the U.S. Court of Appeals for the District of Columbia Circuit dismissed an action brought by Food & Water Watch against the U.S. Department of Agriculture (USDA) challenging the environmental assessment made in connection with the Farm Service Agency’s guarantee of loan to a Maryland chicken farmer.  Food & Water Watch v. U.S. Dep’t of Agriculture, ___ F.3d ___, No. 20-5100 (D.C. Cir. June 22, 2021).  Plaintiff had argued that the agency’s finding of no significant impact for the guarantee violated the National Environmental Policy Act (NEPA).  The district court found standing to sue but rejected the plaintiff’s challenge on its merits.  On appeal, however, the D.C. Circuit ruled that the plaintiff had no Article III standing. Continue reading “Activist Case Involving Chicken Farm Fails in D.C. Circuit on Standing Grounds”

Ninth Circuit Bounces Consumer’s Claim of Misleading Poultry Product Labeling

On June 4, 2021, the U. S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative state law consumer class action claiming that chicken products marketed by Trade Joe’s were mislabeled.  Webb v. Trader Joe’s Co., ___ F.3d ___,  No. 19-56389 (9th Cir. June 4, 2021).  The labels stated that the products contained “[u]p to 5% retained water,” but plaintiff claimed that an independent laboratory test showed that the products “contained on average, 9% Retained Water.”  Slip op. at 5.  The Ninth Circuit affirmed the district court’s ruling that all of plaintiff’s claims were pre-empted by the federal Poultry Products Inspection Act (PPIA), 21 U.S.C. § 467e. Continue reading “Ninth Circuit Bounces Consumer’s Claim of Misleading Poultry Product Labeling”

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