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”
Recent Study Shows Some Marine Mammals Live Longer in Zoos than in the Wild
On October 18, 2023 an interesting study appeared in the Proceedings of the Royal Society B: Biological Sciences entitled Survival improvements of marine mammals in zoological institutions mirror historical advances in human longevity. The study, conducted by a 41-author team, led by Species360 and Dr. Morgane Tidiere of the University of Southern Denmark, noted that there is an “intense public debate” over marine mammals held in captivity based on “the assumption that survival in zoological institutions remains lower than the wild.” However, the study’s findings “contradict arguments of poor or lower survival in zoological institutions than in natural habitats.” Continue reading “Recent Study Shows Some Marine Mammals Live Longer in Zoos than in the Wild”
California Court Clarifies Los Angeles County’s Power to Euthanize Shelter Dogs
On September 18, 2023, the California Court of Appeal, Second Appellate District, Division Five, issued a decision reversing a trial court’s dismissal of a case brought by two animal rescue groups challenging actions by the County of Los Angeles in euthanizing dogs rather than turning them over to animal rescue groups. Santa Paula Animal Rescue Center v. County of Los Angeles, No. B318954 (Cal. App. Sept. 18, 2023). The matter was remanded for further proceedings. Continue reading “California Court Clarifies Los Angeles County’s Power to Euthanize Shelter Dogs”
D.C. Circuit Rejects National Marine Fisheries Service’s “Egregiously Wrong” Decision on Right Whales
By Michelle C. Pardo
On June 16, 2023, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the National Marine Fisheries Service (NMFS or Service), which licenses and regulates fisheries in federal waters, was not permitted to give the “benefit of the doubt” to endangered species or rely on worst-case scenarios or pessimistic assumptions in preparing biological opinions required by the Endangered Species Act (ESA). Maine Lobstermen’s Association v. National Marine Fisheries Service (D.C. Cir. June, 16, 2023) (slip opinion). Continue reading “D.C. Circuit Rejects National Marine Fisheries Service’s “Egregiously Wrong” Decision on Right Whales”
Breaking Down the FWS’s Interim Rule Implementing the Big Cat Public Safety Act
by Michelle C. Pardo
On June 12, 2023, the U.S. Fish and Wildlife Service (FWS) published an Interim Rule that amends the implementing regulations for the Captive Wildlife Safety Act (CWSA) by “incorporating the requirements” of the Big Cat Public Safety Act (BCPSA). See 88 Fed. Reg. 38358 (6/12/2023). https://www.federalregister.gov/documents/2023/06/12/2023-12636/regulations-to-implement-the-big-cat-public-safety-act. The amended regulations — which are now in effect as of June 12, 2023 — can be found within the Federal Register publication and at 50 CFR Part 14. Continue reading “Breaking Down the FWS’s Interim Rule Implementing the Big Cat Public Safety Act”
Ninth Circuit Tosses Grey Wolf Case on Standing Grounds
On June 14, 2023, a panel of the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a lawsuit brought by Wildearth Guardians and other environment activist groups challenging the grazing permit decisions of the U.S. Forest Service in the Colville National Forest in Eastern Washington. The district court found that plaintiffs had no standing and the appellate court agreed. Wildearth Guardians v. U.S. Forest Service, No. 21-35936 (9th Cir. June 14, 2023). Continue reading “Ninth Circuit Tosses Grey Wolf Case on Standing Grounds”
APHIS Predicts Farm Animals Could Ultimately Be Subject to AWA Regulation
The Animal and Plant Inspection Health Service (APHIS) is the U.S. Department of Agriculture sub-agency charged with administering and enforcing the federal Animal Welfare Act (AWA) , 7 U.S.C. § 2131, et seq. In connection with its “Strategic Plan” for 2023-27, APHIS issued a Strategic Foresight Report that “examines 10 societal, environmental, and technological trends that the Agency must be prepared to navigate. ” One such trend is “[e]volving perceptions around animal welfare and wildlife in human society.” Continue reading “APHIS Predicts Farm Animals Could Ultimately Be Subject to AWA Regulation”
UK Gene Editing Law on Plants and Animals Takes Effect
On March 23, 2023, royal assent was given to a statute passed by the British Parliament entitled the Genetic Technology (Precision Breeding) Act 2023. The new law aims to facilitate the utilization of precision breeding, which includes gene editing, by removing precision-bred plants and animals from the regulatory requirements applicable to genetically modified organisms (GMO’s). Continue reading “UK Gene Editing Law on Plants and Animals Takes Effect”
Monterey Bay Aquarium in Hot Water Over Alleged Defamatory Statements About Maine Lobster Industry
by Michelle C. Pardo
Maine is synonymous with lobster. So states the federal court defamation lawsuit filed this week by a coalition of lobster fishing companies and trade groups against the Monterey Bay Aquarium over its “Seafood Watch” program, which accused Maine fisheries of falsely putting North Atlantic right whales at significant risk of entanglement and risk of extinction. Bean Maine Lobster, Inc., et al. v. Monterey Bay Aquarium Foundation, No. 2:23-cv-00129 (JAW)(D. Maine). Continue reading “Monterey Bay Aquarium in Hot Water Over Alleged Defamatory Statements About Maine Lobster Industry”