animal law – Page 10 – Animal Law Developments

August 22, 2018 by John M. Simpson

D.C. Circuit Rejects PETA Nonhuman Primate FOIA Claim

by John M. Simpson

The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a summary judgment in favor of the Department of Health and Human Services (HHS) which had denied a Freedom of Information Act (FOIA) request by People for the Ethical Treatment of Animals (PETA) for information about the importation of nonhuman primates. People for the Ethical Treatment of Animals v. U.S. Dep’t of Health and Human Serv., No. 16-5269 (D.C. Cir. August, 17, 2018). The appellate court agreed with the lower court that the release of such information would cause substantial competitive injury to the importers who had provided such information to HHS and therefore was properly withheld under FOIA Exemption 4, which exempts “trade secrets and commercial or financial information obtained from a person and privileged or confidential” from disclosure. 5 U.S.C. § 552(b)(4). Continue reading “D.C. Circuit Rejects PETA Nonhuman Primate FOIA Claim”

August 16, 2018 by Michelle Pardo

A Horse is a Horse (Of Course) . . .But a Plaintiff?

by: Michelle C. Pardo

“Justice” (formerly named “Shadow”) is an American Quarter Horse who had been subject to neglect by his prior owner. According to a complaint recently filed in state court in Oregon, the horse was left outside, underfed, and suffered from a variety of serious medical problems, including frostbite, trauma and infection. After complaints by a neighbor, the former owner surrendered Justice to a rescue organization back in March of 2017 and thereafter pleaded guilty to criminal neglect. The owner also agreed to pay restitution to the equine rescue organization for the costs of Justice’s care incurred prior to the plea. Media reports indicate that the owner paid more than $3,700 in restitution, was sentenced to three years probation, and may not possess any pets or livestock for five years (and only after completing 96 hours of community service). Typically, as disturbing as such court cases may be, that is the end of a legal proceeding involving animal abuse or neglect.

Justice’s story, however, has a “Part Two”. Justice is suing his former owner for negligence and has filed a lawsuit in his new name in a county court in Oregon. Continue reading “A Horse is a Horse (Of Course) . . .But a Plaintiff?”

August 15, 2018 by John M. Simpson

Third Circuit Decides Service Dog Issue of First Impression

by John M. Simpson

In Berardelli v. Allied Services Institute of Rehabilitation Medicine, No. 17-1469 (3rd Cir. Aug. 14, 2018), the U.S. Court of Appeals for the Third Circuit ruled that, as to service animals, the 1973 Rehabilitation Act’s mandate of “reasonable accommodations” must be interpreted and applied in the same manner as the 1990 Americans With Disabilities Act (ADA) standard of “reasonable modifications.” Therefore, even though there was no Rehabilitation Act regulation specifically so stating, the ADA regulation on public accommodations and public entities controlled. As a result, a request to an institution covered by the Rehabilitation Act for an individual to be accompanied by a service animal is “per se reasonable in the ordinary course.” Slip op. at 4. Continue reading “Third Circuit Decides Service Dog Issue of First Impression”

July 31, 2018 by John M. Simpson

Fish and Wildlife Service Withdraws ESA Compensatory Mitigation Policy

On July 30, 2018, the U.S. Fish and Wildlife Service (FWS) published a notice in the Federal Register withdrawing the agency’s Endangered Species Act Compensatory Mitigation Policy (CMP) issued in December 2016. The policy withdrawal is effective immediately. Continue reading “Fish and Wildlife Service Withdraws ESA Compensatory Mitigation Policy”

July 27, 2018 by John M. Simpson

Fisheries Service Issues Incidental Taking Regulations

by John M. Simpson

The National Marine Fisheries Service (NMFS) published final regulations in the Federal Register on July 27, 2918 governing the unintentional taking of marine mammals incidental to fisheries research conducted in the Pacific Ocean by the NMFS’ Northwest Fisheries Science Center (NWFSC). 83 Fed. Reg. 36370 (July 27, 2018). The regulations are effective from August 27, 2018 through August 28, 2023. Continue reading “Fisheries Service Issues Incidental Taking Regulations”

July 25, 2018 by John M. Simpson

Court Grants Summary Judgment Against HSUS in Endangered Species Act Case

by John M. Simpson

The U.S. District Court for the District of New Mexico recently entered summary judgment against the Humane Society of the United States (HSUS) and other plaintiffs in a case brought under the Endangered Species Act (ESA) alleging that regulations issued by the New Mexico State Game Commission authorizing the recreational trapping of cougars (Cougar Rule) will cause a “take” of Mexican gray wolves in violation of the ESA. Humane Soc’y of the U.S. v. Kienzle, 2018 WL 3429924 (D.N. M. July 16, 2018). Continue reading “Court Grants Summary Judgment Against HSUS in Endangered Species Act Case”

July 21, 2018 by John M. Simpson

Wildlife Agencies Announce Proposed Endangered Species Act Regulations

by John M. Simpson

On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) announced three proposed rulemakings that would revise the regulations pursuant to which the Services have implemented the Endangered Species Act (ESA). These initiatives were the result of public comments solicited by the Services in response to Executive Order 13777, 82 Fed. Reg. 31576 (July 7, 2017), which sought comments on how federal agencies could improve the effectiveness and efficiency of federal regulations and the regulatory process. Continue reading “Wildlife Agencies Announce Proposed Endangered Species Act Regulations”

July 18, 2018July 19, 2018 by John M. Simpson

PETA UK’s Effort to Ban Staffordshire Bull Terrier Fizzles

by John M. Simpson

A recent proposal by People for the Ethical of Animals UK (PETA UK) to add the Staffordshire bull terrier (a/k/a “staffies”) to the list of dogs banned by the UK’s Dangerous Dog Act of 1991 met a dead end in Parliament on July 16. The proposal had arisen in response to a legal review conducted by the Select Committee on Environment, Food and Rural Affairs. Once the PETA UK proposal surfaced, an e-petition campaign by owners and other supporters of the breed commenced, garnering nearly 180,000 signatures. [Petition Summary.] The petition called “on Parliament to save our staffies and not have them banned as dangerous dogs, because they are not. People create dangerous dogs, people are the problem.” Continue reading “PETA UK’s Effort to Ban Staffordshire Bull Terrier Fizzles”

July 12, 2018 by John M. Simpson

Allowing Complaining Witness to Testify With Support Dog Leads to Reversal of Criminal Conviction

by John M. Simpson

In People v. Shorter, ___ N.W. 2d ___, 2018 WL 2746384 (Mich. App. June 7, 2018), the Court of Appeals of Michigan reversed a conviction for third degree criminal sexual conduct and fourth-degree criminal sexual conduct because the trial court erred by granting the prosecution’s motion to allow the complaining witness to testify while accompanied by a support dog and its handler. The matter was remanded for a new trial. Continue reading “Allowing Complaining Witness to Testify With Support Dog Leads to Reversal of Criminal Conviction”

July 11, 2018 by Michelle Pardo

Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit

Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit, Finding That PETA’s “Next Friend” Lawsuit Used Monkey as a “Pawn”

By: Michelle C. Pardo

As the old saying goes, “with friends like these, who needs enemies?”

Last year, animal activist group People for the Ethical Treatment of Animals (PETA), acting as a purported “next friend” of a Sulawesi crested macaque (named “Naruto”), brought a lawsuit in the Northern District of California against wildlife photographer David Slater and a self-publishing book company over a “selfie” that the macaque had taken when it grabbed wildlife photographer Slater’s camera. PETA had alleged that the monkey, as author and owner of the photograph, had a claim for copyright infringement against defendants. After finding that the monkey had constitutional standing, but no standing under the Copyright Act, the district court dismissed the case. PETA appealed the case to the Ninth Circuit. Continue reading “Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit”