Yesterday, we reported on a decision by the U.S. Court of Appeals for the Eighth Circuit that rejected a challenge by animal rights activists to a so-called “ag gag law” in Iowa. In a parallel decision the same day, the court issued another opinion rejecting a First Amendment challenge by animal rights groups to another aspect of the same law. Animal Legal Defense Fund v. Reynolds, No. 22-3464 (8th Cir. Jan. 8, 2024). Continue reading “Eighth Circuit Animal Rights “Ag Gag Law” Challenge Fail – Part II”
Animal Rights Challenge to Iowa “Ag Gag Law” Fails in Eighth Circuit
On January 8, 2024, the U.S. Court of Appeals for the Eighth Circuit rejected a constitutional challenge brought by the Animal Legal Defense Fund, People for the Ethical Treatment of Animals (PETA) and other groups to an Iowa statute that prohibits “agricultural facility fraud.” Animal Legal Defense Fund v. Reynolds, No. 22-1830 (8th Cir. Jan. 8, 2024). Statutes like this are often termed “ag gag laws” by their opponents. The district court had declared that the law violates the First Amendment, but the court of appeals reversed. Continue reading “Animal Rights Challenge to Iowa “Ag Gag Law” Fails in Eighth Circuit”
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”
Oregon Court of Appeals Rules Animals Are Not Entitled to Legal Personhood
by Michelle C. Pardo
We previously blogged about the Oregon negligence lawsuit that animal activist group Animal Legal Defense Fund (ALDF) brought on behalf of “Justice” — an American Quarter Horse — and his self-described “guardian” against the horse’s former owner. Back in 2017, Justice (formerly named “Shadow” and renamed ostensibly for this lawsuit) was removed from his prior owner’s care for neglect and relocated to a new caretaker. Months later, Justice’s former owner pleaded guilty to first degree animal neglect and was ordered to pay for the cost of Justice’s care prior to July, 2017. Continue reading “Oregon Court of Appeals Rules Animals Are Not Entitled to Legal Personhood”
Hippos Are Legally People? Actually, Not So Much
By John M. Simpson and Michelle C. Pardo.
In the past several days, the internet has been aflutter with reports that a U.S. court had declared infamous drug lord Pablo Escobar’s hippopotamuses to be “people.” Continue reading “Hippos Are Legally People? Actually, Not So Much”
Eighth Circuit Upholds Part of Iowa “Ag Gag” Law
Today, the U.S. Court of Appeals for the Eighth Circuit upheld, in part, the constitutionality of an Iowa law that makes it a criminal offense to obtain access to an agricultural facility by false pretenses. Animal Legal Def. Fund v. Reynolds, No. 19-1364 (8th Cir. Aug. 10, 2021). The court reversed in part a district court ruling that the law violated the First Amendment. Continue reading “Eighth Circuit Upholds Part of Iowa “Ag Gag” Law”
Animal Rights Group’s “Purely Speculative” Changes to Wildlife Management Plan Don’t Support Emergency Relief for Tule Elk
By Michelle C. Pardo
On June 22, 2021, Animal Legal Defense Fund (ALDF) and three individuals (represented by Harvard University’s Animal Law & Policy Clinic) brought an Administrative Procedure Act (APA) case against the Secretary of the Interior, the Acting Director of the National Park Service, and the Superintendent of Point Reyes National Seashore, regarding what plaintiffs allege is the federal government’s inhumane management practices of Tule elk, a species of elk native to California. At issue: the government’s alleged failure to revise the 1980 General Management Plan for the Tomales Point portion of the Point Reyes National Seashore (located in Marin County, California) where 293 Tule elk live as well as the 1998 Tule Elk Management Plan, which provided for elk restoration and conservation. Continue reading “Animal Rights Group’s “Purely Speculative” Changes to Wildlife Management Plan Don’t Support Emergency Relief for Tule Elk”
Goodbye Big Food, Hello Lawsuit: Animal Rights Group Files Case Over Dairy Product Marketing
By: Michelle C. Pardo
Known for its “Dairy Done Right” marketing campaign, Tillamook County Creamery Association (“Tillamook”), which produces dairy products like cheese, yogurt, ice cream and butter, is the latest target of a consumer fraud lawsuit filed this week in Oregon state court (Multnomah County). Animal rights group Animal Legal Defense Fund (ALDF) is co-counsel to four Oregon residents and a class of similarly situated consumers who claim Tillamook uses deceptive representations when advertising and marketing its dairy products, which is likely to confuse or mislead customers. Continue reading “Goodbye Big Food, Hello Lawsuit: Animal Rights Group Files Case Over Dairy Product Marketing”
Animal Activist Group Loses “Right to Wilderness” Lawsuit
by Michelle C. Pardo
If you thought animal and environmental activists had already pushed the envelope far enough in the world of federal court litigation, think again.
This week, an Oregon federal judge ruled that a group of plaintiffs – made up of animal and environmental activist organizations and individuals – do not have a constitutional “right to wilderness” and dismissed with prejudice their lawsuit which sought to force the federal government to cease policies that contributed to climate change that, in turn, harmed plaintiffs’ enjoyment of nature and wildlife. ALDF et al. v. United States, (6:18-cv-01860-MC)(D. Oregon). Continue reading “Animal Activist Group Loses “Right to Wilderness” Lawsuit”
Justice the Horse Will NOT Have his Day in Court
by Michelle C. Pardo
In August, we updated you about a lawsuit filed by the Animal Legal Defense Fund (ALDF) in which a horse called Justice was the named plaintiff. On September 17, 2019, an Oregon judge rejected the “creative” theory that an animal has legal capacity to sue its former owner and dismissed the case with prejudice, delivering another blow to various animal activist groups’ movement to open the courthouse doors to non-human animal litigants. Continue reading “Justice the Horse Will NOT Have his Day in Court”