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”
PETA Open Records Case Takes an Interesting Turn
On February 17, 2023, a panel of the U.S. Court of Appeals for the Ninth Circuit reversed a preliminary injunction that had restrained the University of Washington from releasing records containing personal identifying information of current and former members of the University’s Institutional Animal Care and Use Committee (IACUC). The records request had been submitted by animal rights organization, People for the Ethical Treatment of Animals (PETA). The appellate panel ruled that the district court erred in determining that the IACUC members had raised a serious issue that their First Amendment right of association would be infringed by release of the records, but did not reach the other arguments raised by the IACUC members which presumably will be addressed on remand. Sullivan v. University of Washington, No. 22-35338 (9th Cir. Feb. 17, 2023). Continue reading “PETA Open Records Case Takes an Interesting Turn”
PETA Hog-Catching Case Fails for Lack of Standing
On February 8, 2023, the Texas Fourth Court of Appeals affirmed a judgment dismissing a lawsuit that animal rights group, People for the Ethical Treatment of Animals (PETA), and a former PETA employee had brought seeking to enjoin the “Bandera Wrangler’s Hog Catch,” a feral hog-catching contest held annually in Bandera, Texas. PETA v. Bandera Wranglers, No. 04-21-00466-CV (Tex. Civ. App. — San Antonio 2023). The court ruled that neither plaintiff had standing to sue under Texas law. Continue reading “PETA Hog-Catching Case Fails for Lack of Standing”
With the Death Rate in PETA’s Animal Shelter, It Really Is Groundhog Day
Annually, animal rights group People for the Ethical Treatment of Animals (PETA) condemns Groundhog Day. This year, PETA called the exhibition of Punxsutawney Phil “a cruel form of speciesism, a human supremacist worldview.” Ironically, Groundhog Day is around the same time that PETA reports the euthanasia rates in its Norfolk, Virginia shelter to the Virginia Department of Agriculture and Consumer Services (VDACS). As a further irony, the theme of the movie “Groundhog Day,” in which the protagonist experiences the same thing over and over again, accurately characterizes PETA’s kill rate: just like last year and the year before and the year before that, PETA euthanized animals in 2022 at a rate that vastly exceeded the rates of facilities in Virginia reporting to the VDACS. Continue reading “With the Death Rate in PETA’s Animal Shelter, It Really Is Groundhog Day”
APHIS Initiates Rulemaking on Handling of Wild and Exotic Animals
On January 6, 2023, the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture issued an advanced notice of proposed rulemaking (ANPR) and request for comments as to potential amendments to Animal Welfare Act regulations governing exhibitors. The ANPR solicits public comments on APHIS’ “plan to strengthen regulations regarding the handling of wild and exotic animals for exhibition, as well as the training of personnel involved in the handling of wild and exotic animals, and to establish standards addressing environmental enrichment for all regulated animals.”
Continue reading “APHIS Initiates Rulemaking on Handling of Wild and Exotic Animals”
Fifth Circuit Declares Horseracing Integrity and Safety Act Unconstitutional
In 2020, Congress passed, and President Trump signed, the Horseracing Integrity and Safety Act (HISA) which empowers a private entity — the Horseracing Integrity and Safety Authority (Authority) — to formulate regulations applicable to the horseracing industry. On November 18, 2022, a panel of the U.S. Court of Appeals for the Fifth Circuit invalidated HISA as an unconstitutional delegation of authority “vesting government power in a private entity not accountable to the people.” Nat’l Horsemen’s Benevolent Ass’n v. Black, No. 22-10387, slip op. at 4 (5th Cir. Nov. 18, 2022). Continue reading “Fifth Circuit Declares Horseracing Integrity and Safety Act Unconstitutional”
Activist Greenwashing Case In D.C. Runs Aground
“Greenwashing,” a subject of frequent discussion, is defined by Merriam-Webster as “the act or practice of making a product, policy, activity, etc., appear to be more environmentally friendly or less environmentally damaging than it really is.” Greenwashing claims have become popular with activists trying to attack businesses in the animal space who make consumer-facing statements about their operations by using terms such as “sustainable” or “humane.” Read about a recent court decision in D.C. on greenwashing on the Duane Morris Fashion, Retail and Consumer Branded Products Blog.
Animal Rights Challenge to Cartoon Poultry Product Labels Fails
A federal court in Washington, D.C. recently tossed a lawsuit brought by the animal rights group, Animal Legal Defense Fund (ALDF) challenging poultry products labels that had been approved by the Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture. The court determined that ALDF had no standing to sue. ALDF v. Vilsack, No. 1-21-cv-01539 (CJN) (D.D.C. Nov. 14, 2022). Continue reading “Animal Rights Challenge to Cartoon Poultry Product Labels Fails”
APHIS Updates Data on SARS-CoV-2 in Animals
On September 6, 2022, the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture updated its “dashboard” that tracks confirmed cases of SARS-CoV-2 in animals in the United States. The data continues to show that the incidence of the COVID-19 virus in animals is quite low. Continue reading “APHIS Updates Data on SARS-CoV-2 in Animals”