by John M. Simpson.
In a recent letter and an accompanying video directed at veterinarians, the Deputy Administrator for Animal Care of the USDA Animal and Plant Health and Inspection Service (APHIS), Bernadette Juarez, described a new initiative that will involve attending veterinarians more directly in APHIS inspections of persons and entities licensed under the Animal Welfare Act. Continue reading “APHIS to Involve Attending Vets Directly in Inspections”
By John M. Simpson
A federal district court in New Hampshire recently dismissed a citizen suit making novel claims under the Endangered Species Act (ESA) because the plaintiff could not prove that he had provided the required 60-day notice to the defendants prior to suit. Strahan v. Nielsen, 2018 WL 3966318 (D.N.H. Aug. 17, 2018). Continue reading “Endangered Species Act Case Founders on Lack of 60-Day Notice”
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”
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?”
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”
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”
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”
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”
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”
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”
