Animal Law Developments

June 24, 2019 by John M. Simpson

Significant U.S. Supreme Court FOIA Decision Likely To Complicate Activist Agendas

by John M. Simpson.

As many lawyers representing animal-related businesses regulated by U.S. federal government agencies can attest to, Freedom of Information Act (FOIA) litigation by animal activist interests has become what amounts to a cottage industry. Animal activist groups are prolific in their FOIA requests to various federal animal-related agencies — such as the U.S. Department of Agriculture (USDA), which regulates animal exhibitors and researchers under the Animal Welfare Act (AWA) — for information on the persons and entities subject to USDA regulation. This quest for business information typically unfolds as follows: a business will mark its internal commercial and financial information “confidential” when submitting it to the agency in connection with an agency proceeding; the information is then requested through FOIA; the agency withholds it under FOIA Exemption 4; and then the fight becomes whether the release of the information will inflict “substantial competitive harm” on the submitter. This all changed today with the U.S. Supreme Court’s decision in Food Marketing Institute v. Argus Leader Media, No. 18-481, Slip opinion (U.S. June 24, 2019). Continue reading “Significant U.S. Supreme Court FOIA Decision Likely To Complicate Activist Agendas”

June 14, 2019June 18, 2019 by John M. Simpson

Maine’s Top Court Rules Harvesting Seaweed Is Not “Fishing”

by John M. Simpson.

Animal rights enthusiasts have a knack for pushing the envelope in their various arguments that legal rights should be recognized for a wide variety of animal species. For example, it was reported recently that People for the Ethical Treatment of Animals (PETA) tweeted in connection with World Oceans Day that “Oysters and other bivalves are animals who deserve our consideration.” Against this backdrop, a recent decision of the Supreme Judicial Court of Maine raised an interesting issue. Ross v. Acadian Seaplants, Ltd., 206 A.3d 283 (Me. 2019), presented the question whether “rockweed,” a species of seaweed in Maine that grows in the intertidal zone, is owned by the adjoining upland property owner who owns the intertidal soil in fee simple or is held in trust by the state through the jus publicum for the public to harvest. Continue reading “Maine’s Top Court Rules Harvesting Seaweed Is Not “Fishing””

June 7, 2019 by John M. Simpson

Dog Bite Allegations Highlight Issues In DOT Rulemaking On Air Travel With Service Animals

by John M. Simpson.

An Alabama man recently filed a lawsuit in state court in Georgia against Delta Airlines, Inc., and another passenger, arising out of an alleged dog-biting incident that occurred on a Delta flight. Jackson v. Delta Air Lines, Inc., et al., No. 19EV00278, Complaint (Fulton Cty., Ga. May 24, 2019). Continue reading “Dog Bite Allegations Highlight Issues In DOT Rulemaking On Air Travel With Service Animals”

June 5, 2019 by John M. Simpson

HSUS Gets Mixed Result in D.C. FOIA Case

by John M. Simpson.

On June 3, 2019, the U.S. District Court for the District of Columbia granted in part and denied in part cross-motions for summary judgment in a Freedom of Information Act (FOIA) case that the Humane Society of the United States (HSUS) had brought against the U.S Department of Agriculture’s Animal and Plant Health Inspection Service, et al. (APHIS). Humane Soc’y of the U.S. v. Animal and Plant Health Insp. Serv., et al., No. 1:18-cv-00646 (TNM) (D.D.C. June 3, 2019). HSUS’s FOIA request was for site-inspection reports and other inspection records for specific animal dealers and exhibitors who are subject to regulation by APHIS under the Animal Welfare Act (AWA). Continue reading “HSUS Gets Mixed Result in D.C. FOIA Case”

May 23, 2019 by Michelle Pardo

Animals and Politics: Traveling Exotic Animal Ban Reintroduced

by Michelle C. Pardo

On May 21, 2019 Representatives Raul M. Grijalva (D-AZ) and David Schweikert (R-AZ) introduced the Traveling Exotic Animal and Public Safety Protection Act (TEAPSPA), a bill that would amend the federal Animal Welfare Act to prohibit the use of exotic and wild animals, including lions, tigers and elephants, in traveling performances. The bill had previously been introduced in 2017. Continue reading “Animals and Politics: Traveling Exotic Animal Ban Reintroduced”

May 14, 2019March 4, 2020 by Michelle Pardo

Is Vegan Leather Eco-Friendly?

by Michelle C. Pardo

While shopping for shoes or handbags, you may have seen an increasingly available species of product made from “vegan leather”. As you can imagine, vegan leather, also known as synthetic leather, is not derived from animals, and it can be made from a variety of materials, including cork, waxed or glazed cotton, paper, polyvinyl chloride (PVC) and polyurethane. It has been touted as an ethical and environmentally conscious buying decision. However, assuming that these materials are making the most environmentally-friendly choice may not be accurate. Continue reading “Is Vegan Leather Eco-Friendly?”

May 6, 2019 by John M. Simpson

Ninth Circuit Rejects Enviro Challenge to Forest Service’s Motorized Big Game Retrieval Plan

By John M. Simpson.

On May 6, 2019, the U.S. Court of Appeals for the Ninth Circuit rejected environmental groups’ challenges to travel management plans issued by the U.S. Forest Service (Service) pursuant to the Service’s Travel Management Rule in three Ranger Districts in the Kaibab National Forest: the Williams, Tusayan and North Kaibab Ranger Districts. WildEarth Guardians, et al. v. Provencio, No. 17-17373 (9th Cir. May 6, 2019). The court of appeals concluded that the Service’s actions were not contrary to the Travel Management Rule and complied with the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). Continue reading “Ninth Circuit Rejects Enviro Challenge to Forest Service’s Motorized Big Game Retrieval Plan”

April 19, 2019April 19, 2019 by Michelle Pardo

California Cracks Down on Impulse Purchases of Easter Bunnies

by Michelle C. Pardo

Yes, it’s a thing. Across the country, “impulse buys” of bunnies during Easter time result in thousands of rabbits being abandoned or brought to animal shelters when the novelty of the cuddly pet wears off. In October of 2017, California banned the sale of commercially-bred dogs, cats and rabbits at pet stores. Potential owners instead have to acquire these animals from animal shelters or rescue organizations or buy them directly from a breeder unless the pet store sells rescued animals. Continue reading “California Cracks Down on Impulse Purchases of Easter Bunnies”

March 25, 2019 by John M. Simpson

Study Shows Racism and Sexism Contribute to Animal Activist “Burnout”

by John M. Simpson.

A study was published recently in Social Movement Studies entitled “Nobody’s paying me to cry: the causes of activist burnout in United States animal rights activists.” The authors concluded that, while many factors play a role, racist and sexist treatment of individuals within animal rights groups also contributed to what the authors described as “burnout:” “when people once deeply embedded in movements – people who intended to remain engaged – are forced to disengage due to the stress impacts of participation.” Continue reading “Study Shows Racism and Sexism Contribute to Animal Activist “Burnout””

March 21, 2019 by John M. Simpson

Pigeon Seeks Election as “Animal Mayor”

by John M. Simpson

As recently reported, a pigeon in the London borough of Lewisham named “Tony” has been proposed by an online petition to be the town’s “Animal Mayor.” The petition requests that the existing mayor and borough council create this position which would be “the figure head and forum to bring everyone together.” According to the petition, “if we had a more respectful and empathetic view of Lewhisham’s non-human residents, we would try harder to protect the environment.” Tony’s entertaining campaign video indicates that he would rename the borough, which has 300,000 inhabitants, “Zooisham.” Evidently, the campaign would be “run online and open to every resident of Lewisham aged 5 and above.” Perhaps Tony will have some insights on Brexit strategy.