Eighth Circuit Upholds Trump Administration’s Scuttling of Packers and Stockyards Act Rules

By John M. Simpson.

The U.S. Court of Appeals for the Eighth Circuit recently denied a petition for review of the Secretary of Agriculture’s actions to withdraw interim final and proposed regulations under the Packers and Stockyards Act (PSA).  Organization for Competitive Markets, et al., v. Dep’t of Agriculture, et al., No. 17-3723 (8th Cir. Dec. 21, 2018).  The  interim final and proposed rules had been issued by the U.S. Department of Agriculture (USDA) in the Obama Administration in late 2016 but were scuttled by the Trump Administration.  Continue reading “Eighth Circuit Upholds Trump Administration’s Scuttling of Packers and Stockyards Act Rules”

FDA Reports on Antimicrobial Drug Use in Food-Producing Animals

By John M. Simpson.

On December 18, 2018, the Commissioner of the U.S. Food and Drug Administration (FDA), Scott Gottlieb, M.D., announced the issuance of the FDA’s 2017 Summary Report on Antimicrobials Sold or Distributed for Use in Food-Producing Animals.  As the Commissioner noted, the health issues posed by antimicrobial-resistant pathogens are a significant problem.  Antimicrobial resistance is “the ability of a microorganism (bacteria, virus, fungi, parasite) to resist the effects of a drug.”  Therefore, “[o]ptimizing how medically important antimicrobial drugs are used and limiting their use to only when necessary to treat, control or prevent disease will help to preserve the effectiveness of these drugs for fighting disease in both humans and animals.”  Continue reading “FDA Reports on Antimicrobial Drug Use in Food-Producing Animals”

Farm Bill Protects Pets and Support Animals of Domestic Violence Victims

by John M. Simpson.

The Conference Committee compromise version of the 2018 Farm Bill, was released on December 10, 164 Cong. Rec. H9823 (Dec. 10, 2018).  The measure was passed by the Senate on December 11 and contains a provision that protects the pets, service animals, emotional support animals and horses of victims of stalking and domestic violence.   Section 12502 entitled “Protecting Animals with Shelter,” amends certain parts of Title 18, U.S. Code, to provide protection for such animals.  Continue reading “Farm Bill Protects Pets and Support Animals of Domestic Violence Victims”

PETA Language Pointers Generate Controversy

People for the Ethical Treatment of Animals (PETA), an animal rights organization known for attention-grabbing publicity stunts, recently launched a new campaign to rid the English language of idioms that the organization regards as offensive to animals.  Analogizing the matter to the use of “racist, homophobic  or ableist language,” PETA claimed that replacing phrases such as “bring home the bacon” with alternatives such as “bring home the bagels” would remove “speciesism” from daily conversations.   Continue reading “PETA Language Pointers Generate Controversy”

RSPCA Warns Against Feeding Vegan Diets to Cats

By John M. Simpson.

As reported by certain outlets (here and here), the Royal Society for the Prevention of Cruelty to Animals (RSPCA) recently warned that feeding a house cat a vegan diet (i.e., no meat) could violate the UK’s Animal Welfare Act.  The RSPCA’s warning apparently came after several vendors at the National Pet Show in Birmingham in November displayed the latest in vegan pet food and non-meat pet food alternatives.  Continue reading “RSPCA Warns Against Feeding Vegan Diets to Cats”

U.S. Supreme Court Decides Dusky Gopher Frog Case

By John M. Simpson.

On November 27, 2018, the U.S. Supreme Court issued its decision in a closely watched Endangered Species Act (ESA) case involving the U.S. Fish & Wildlife Service’s (FWS’s) designation of “critical habitat” for an endangered species known as the “dusky gopher frog” (Rana sevosa).  Weyerhaeuser Co. v. U.S. Fish & Wildlife Serv., 586 U.S. ___, No. 17-71 (Nov. 27, 2018). The Court reversed the Fifth Circuit’s decision which had upheld the FWS designation. Continue reading “U.S. Supreme Court Decides Dusky Gopher Frog Case”

New York Court of Appeals Tosses Kaporos Animal Cruelty Case

by John M. Simpson

On November 14, 2018, the New York Court of Appeals affirmed the dismissal of a mandamus petition seeking to enforce certain state animal cruelty laws against the practice of Kaporos.  The Alliance to End Chickens as Kaporos, et al. v. New York City Police Dep’t, et al., No. 126 (N.Y. Nov. 14, 2018).   The Court of Appeals ruled that the “extraordinary remedy” of mandamus was not available because “[e]nforcement of the laws cited by plaintiffs would involve some exercise of discretion …” and plaintiffs “do not seek to compel the performance of ministerial duties but, rather, seek to compel a particular outcome.”  Id., slip. op. 2, 3 (citations omitted). Continue reading “New York Court of Appeals Tosses Kaporos Animal Cruelty Case”

PETA Strikes Out Again in Eleventh Circuit

by John M. Simpson.

A petition for rehearing filed by People for the Ethical Treatment of Animals (PETA) was recently denied by the U.S. Court of Appeals for the Eleventh Circuit in an Endangered Species Act (ESA) case involving a killer whale (Orcinus orca) maintained by the Miami Seaquarium.  The denial left standing a significant ruling by the court under the ESA.  PETA v. Miami Seaquarium, 879 F.3d 1142 (11th Cir. 2018).  Continue reading “PETA Strikes Out Again in Eleventh Circuit”

“Animal Rights Extremism” Targeted in Trump Administration Counterterrorism Strategy

by John M. Simpson

Somewhat lost in the din of current news reporting on the Supreme Court appointment controversy,  was the release of the Trump administration’s National Strategy for Counterterrorism of the United States (Strategy) on October 4.  That document makes specific reference to “animal rights extremism” as a “persistent” domestic security threat.  Continue reading ““Animal Rights Extremism” Targeted in Trump Administration Counterterrorism Strategy”

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