COVID-19 Stimulus Legislation Contains Several Animal-Related Provisions

In addition to financial relief measures for those individuals and businesses affected by the COVID-19 pandemic, the omnibus spending legislation that President Trump signed on December 27, 2020 (H.R. 133 – Consolidated Appropriations Act, 2021), contains several provisions related to animals. Continue reading “COVID-19 Stimulus Legislation Contains Several Animal-Related Provisions”

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”

PETA Offers Unconvincing Defense For The High Kill Rate In Its “Shelter”

by John M. Simpson.

As we have written before (here and here), the animal rights group, People for the Ethical Treatment of Animals (PETA), operates a facility in Norfolk, Virginia that it calls an animal “shelter.”  Every public and private animal shelter in the Commonwealth of Virginia is required, annually, to submit a report to the Virginia Department of Agriculture and Consumer Services (VDACS) that details the number of animals that the shelter took in during the year and what happened to them.  PETA’s  most recent report (for 2019) revealed that PETA euthanized dogs and cats at rates that far exceeded the average rates for all private animal shelters in Virginia.  The PETA euthanasia rate for dogs was more than thirteen times the average rate for private shelters, and PETA’s euthanasia rate for cats was more than eleven times the average rate for private shelters. Continue reading “PETA Offers Unconvincing Defense For The High Kill Rate In Its “Shelter””

Federal Court Enjoins California Ban on Sale of Alligator and Crocodile Parts

by John M. Simpson.

On Tuesday, a federal district court in California enjoined the enforcement of Cal. Penal Code § 653o which criminalizes the sale and possession for sale of alligator and crocodile parts in California.  April in Paris v. Becerra, No. 2:19-cv-02471-KJM-CKD, consolidated with Louisiana Wildlife Fisheries Comm’n v. Becerra, No. 2:19-cv-02488-KJM-CKD (E.D. Cal. Oct. 13, 2020).  Plaintiffs, business interests importing alligator and crocodile parts into California, brought the action against the California Attorney General and the Director of the state Department of Fish and Wildlife.  The law had been slated to take effect on January 1, 2020, but had been suspended pursuant to a stipulated retraining order pending the court’s decision on the preliminary injunction motion. Continue reading “Federal Court Enjoins California Ban on Sale of Alligator and Crocodile Parts”

California Appellate Court Throws Out Double Jockey Fee Imposed on Racehorse Owner

by John M. Simpson

On October 5, 2020, the California Court of Appeal (Second District) reversed a trial court’s decision that had upheld the imposition by race stewards of a double jockey fee upon a racehorse owner who had replaced the jockey the day before the draw for the 2017 Breeder’s Cup Distaff race.  Fipke v. California Horse Racing Board, No. B299810 (Cal. App. Oct. 5, 2020).  The court held that the fee was prohibited by the Horse Racing Law, Cal. Bus. & Prof. Code § 19500. Continue reading “California Appellate Court Throws Out Double Jockey Fee Imposed on Racehorse Owner”

COVID-19 Detecting Sniffer Dogs Deployed at Dubai International Airport

by John M. Simpson.

As we reported previously, a study conducted by the National Veterinary School in Alfort, France, suggested that dogs trained in some form of olfactory detection, such as explosives or narcotics, could be trained to detect, with reasonable accuracy, the SARS-CoV-2 virus in samples of human axillary perspiration (underarm sweat), thus suggesting the potential of sniffer dogs as a screen for the COVID-19 disease.  That approach has been deployed at the Dubai International Airport (DXB). Continue reading “COVID-19 Detecting Sniffer Dogs Deployed at Dubai International Airport”

Animal Rights Challenge to FWS Sport Trophy Decision Fails in D.C. Circuit

by John M. Simpson.

In Center for Biological Diversity v. Bernhardt, ___ F.3d ___, No. 19-5152 (D.C. Cir. June 16, 2020), the U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a district court’s rejection of a challenge by animal rights groups to a decision by the U.S. Fish & Wildlife Service (FWS) to withdraw blanket findings as to whether the importation under the Endangered Species Act (ESA) of certain sport trophies of “threatened” species taken in other countries would enhance the survival and not be detrimental to the survival of those species. Continue reading “Animal Rights Challenge to FWS Sport Trophy Decision Fails in D.C. Circuit”

COVID-19: Study Suggests that Sniffer Dogs May Detect SARS-CoV-2 in Humans

by John M. Simpson.

Researchers at the National Veterinary School in Alfort, France, recently made available an un-refereed pre-print of a proof-of-concept study that suggests that the axillary perspiration (i.e., underarm sweat) of humans infected with SARS-CoV-2 emits an odor that detection dogs can be trained to detect.  The work has not yet been peer-reviewed, but it offers some interesting results. Continue reading “COVID-19: Study Suggests that Sniffer Dogs May Detect SARS-CoV-2 in Humans”

COVID-19: USDA Confirms First U.S. Case of SARS-CoV-2 in Pet Dog

by John M. Simpson.

On June 2, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced the confirmation of SARS-CoV-2 in a pet dog in New York state.  The dog, a German shepherd, had shown signs of respiratory illness and samples were taken and confirmed to be positive for the virus by the APHIS National Veterinary Services Laboratories. Continue reading “COVID-19: USDA Confirms First U.S. Case of SARS-CoV-2 in Pet Dog”