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”

Proposed Ballot Initiative Would End Animal Protein Production and Hunting in Oregon

On June 21, 2021, the Oregon secretary of state received Initiative Petition 2022-13 (IP 13), a ballot initiative for the November 8, 2022 general election which had been captioned by the state attorney general as follows:  “Criminalizes injuring/killing animals, including killing for food, hunting, fishing; criminalizes most breeding practices.  Exceptions.”  IP 13, which emerged last November, would have far-reaching effects in Oregon if adopted by voters next year. Continue reading “Proposed Ballot Initiative Would End Animal Protein Production and Hunting in Oregon”

Animal Rights Group Sues USDA Over “Non-Enforcement” of Animal Welfare Act

By Michelle C. Pardo

Earlier this month, animal rights group The American Society for the Prevention of Cruelty to Animals (ASPCA) filed a lawsuit under the Administrative Procedure Act (APA) against the U.S. Department of Agriculture (USDA) for what it alleges to be the agency’s non-enforcement of the Animal Welfare Act (AWA) as it pertains to commercially bred dogs. ASPCA v. Animal and Plant Health Inspection Service, et al. (1:21-cv-01600) (D.D.C.). Continue reading “Animal Rights Group Sues USDA Over “Non-Enforcement” of Animal Welfare Act”

Colorado Supreme Court Nixes Anti-Farm Ballot Initiative

On June 21, 2021, the Supreme Court of Colorado issued a decision reversing the actions of the Colorado Title Board that had approved the wording of a controversial ballot initiative backed by animal rights activists.  In the Matter of the Title, Ballot Title and Submission Clause for 2021-2022 #16, No. 2021 CO 55  (Colo. June 21, 2021).  The Board was ordered to strike the titles and return the initiative to its proponents. Continue reading “Colorado Supreme Court Nixes Anti-Farm Ballot Initiative”

Ninth Circuit Tosses Animal Rights Consumer Case For Lack Of Standing

Today, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a lawsuit brought under the California Unfair Competition Law by Friends of Animals and two other advocacy groups challenging the “100% natural” language in the advertising of the defendant poultry producer.  Friends of the Earth v. Sanderson Farms, Inc., No. 19-16696 (9th Cir. Mar. 31, 2021).  The appellate court agreed with the district court that plaintiffs had failed to prove organizational standing. Continue reading “Ninth Circuit Tosses Animal Rights Consumer Case For Lack Of Standing”

PeTA’s Euthanasia Rate — Part II

Last week, we wrote on the overall euthasia rate in 2020 for the animal “shelter” that animal rights organization People for the Ethical Treatment of Animals (PeTA) runs in Norfolk, Virginia.  (“Euthanasia rate” here means how many animals the shelter euthanized (killed) expressed as percentage of how many animals the shelter took in during 2020.  It is based on data that every animal shelter in Virginia is required to submit annually to the Virginia Department of  Agriculture and Consumer Services (VDACS).)  PeTA’s euthanasia rate was far higher than the average euthanasia rate for other shelters in Virginia.  When compared to the overall euthanasia rate of all reporting agencies in Virginia in 2020, as reported by VDACS, PeTA’s rate was more than 11 times higher for dogs, more than 7 times higher for cats and more than 9 times higher for dogs and cats combined.

This week, we dig a little deeper into the numbers. Continue reading “PeTA’s Euthanasia Rate — Part II”

Euthanasia At PETA’s “Shelter” Still Occurring At Alarming Rate

On prior occasions (here and here), we have written about the high rate at which animal rights organization People for the Ethical Treatment of Animals (PETA) euthanizes the animals that it takes in at its Norfolk, Virginia animal “shelter.”  All public and private animal shelters and other animal releasing agencies in the Commonwealth of Virginia are required to submit an annual summary of their animal custody records to the Virginia Department of Agriculture and Consumer Services (VDACS).  PETA’s report for 2020 recently filed with VDACS reveals that PETA’s death rate still outpaces the average rate at which other shelters in Virginia euthanize animals. Continue reading “Euthanasia At PETA’s “Shelter” Still Occurring At Alarming Rate”

Denial of Habeas Relief for Bronx Zoo Elephant Affirmed on Appeal

On December 17, 2020, a New York intermediate appellate court rejected an attempt by the animal rights organization, Nonhuman Rights Project (NhRP), to obtain habeas corpus relief for a 48-year old Asian elephant named “Happy,” who resides at the Bronx Zoo.  In re Nonhuman Rights Project, Inc. v. Breheny, Case No. 2020-02581 (Sup. Ct. App. Div. 1st Dept. Dec. 17, 2020). Continue reading “Denial of Habeas Relief for Bronx Zoo Elephant Affirmed on Appeal”