animal law – Page 8 – 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 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”

January 28, 2019 by John M. Simpson

British Dairy Farmers Also Caught in the Activist Cross-Hairs

By John M. Simpson.

Last week, we reported on an Australian animal rights group that published an interactive map providing the names, locations and other identifying details of farmers and other animal enterprises across Australia. This week, an organization in the U.K. followed suit and published a similar map targeting dairy famers in England and Wales. Continue reading “British Dairy Farmers Also Caught in the Activist Cross-Hairs”

January 23, 2019 by John M. Simpson

Australian Animal Rights Group Stirs Controversy With Map Targeting Farmers

by John M. Simpson.

Aussie Farms, an animal rights organization in Australia, recently published an interactive map on its website and Facebook page that provides particulars on a wide range of animal enterprises in Australia. The map includes street addresses and actual map grid coordinates for farms and similar enterprises located throughout Australia. Each of the map locations has a live link to a database of information that Aussie Farms claims it has assembled on the targeted businesses. Continue reading “Australian Animal Rights Group Stirs Controversy With Map Targeting Farmers”

January 18, 2019 by John M. Simpson

Canadian Court Declares Ontario SPCA Unconstitutional

by John M. Simpson.

On January 2 of this year, a trial court in the Canadian province of Ontario declared unconstitutional certain provisions of the Ontario Society for the Prevention of Cruelty to Animals Act (“OSPCA Act”). Bogaerts v. Attorney General of Ontario, 2019 ONSC 41, No. 749/13 (Jan. 2, 2019). The OSPCA Act is the organic legislation that governs the operations of the Ontario Society for the Prevention of Cruelty to Animals (“OSPCA”), an animal welfare organization established in 1873. Continue reading “Canadian Court Declares Ontario SPCA Unconstitutional”

January 17, 2019 by John M. Simpson

“Fake Meat” Discussed at Farm Bureau Federation Annual Meeting

by John M. Simpson.

The American Farm Bureau Federation (AFBF), a prominent non-governmental organization in the U.S. representing farm and ranch families, held its annual meeting earlier this month in New Orleans. Among the topics discussed (in addition to the address by President Trump), was the increase in “alternative protein” production, namely meat-like substances that are derived from plant ingredients or that are cell-based and grown in a laboratory from animal cells. Plant-based “meat” products (e.g., “tofurky”) are currently available at retail. Cell-cultured “meat” products are not yet available but could be seen in 2019. Continue reading ““Fake Meat” Discussed at Farm Bureau Federation Annual Meeting”

January 9, 2019January 9, 2019 by John M. Simpson

PETA’s Attack on Seafood Restaurant Backfires

By John M. Simpson.

Last fall, we reported on a situation in Baltimore, Maryland, in which a local, family-owned seafood restaurant decided to resist a campaign by People for the Ethical Treatment of Animals (PETA) against steamed crabs. PETA purchased a billboard advertisement in which a Maryland crab proclaimed “I’m ME, not MEAT. See the individual. Go Vegan.” PETA believes that crabs feel pain and that the method of boiling them alive is inhumane. Since crabs are invertebrates, whether they feel pain or just demonstrate a reflex action is debatable. The science is not conclusive on this point.

Seeing PETA’s move as an assault on the entire Maryland crab industry, a local establishment which has sold steamed crabs for decades decided enough was enough, stood up and took the animal rights group on. Continue reading “PETA’s Attack on Seafood Restaurant Backfires”