by John M. Simpson.
The U.S. Centers for Disease Control and Prevention (CDC) reported today that two pet cats at undisclosed locations in the State of New York are confirmed to be positive for SARS-CoV-2, the virus that characterizes the human disease COVID-19. These are the first cases of companion animals (pets) in the U.S. confirmed to have the SARS-CoV-2 virus. Continue reading “CDC Confirms 2 Companion Animals in U.S. with SARS-CoV-2 Virus”
by John M. Simpson.
On April 7, 2020, the Informal Advisory Group on COVID-19 and Animals of the World Organization for Animal Health (OIE) conducted the fifth in a series of conference calls concerning issues involving the SARS-CoV-2 virus and its effect on animals and animal-related issues. SARS-CoV-2 is the scientific nomenclature for the coronavirus that causes the human illness known as COVID-19. Continue reading “International Scientific Advisory Group Continues Its Focus on SARS-CoV-2 and Animals”
by John M. Simpson.
Recent reports of a Malayan tiger at the Bronx Zoo testing positive for SARS-CoV-2, the virus at that causes the human illness known as COVID-19, have focused attention on the effects that the current pandemic may have upon animals.
Continue reading “Developments Regarding COVID-19 and Animals”
By John M. Simpson.
On March 26, 2020, the U.S. District Court for the District of Columbia dismissed a lawsuit brought by certain animal rights advocates and organizations against several federal defendants challenging a decision of the National Marine Fisheries Service (NMFS) declining to enforce a permit condition allegedly requiring a marine mammal park to submit a necropsy report concerning a killer whale obtained the permit. Marino, et al. v. Nat’l Oceanic and Atmospheric Admin., et al., No. 18-cv-2750 (DLF) (D.D.C. Mar. 26, 2020). Continue reading “Animal Rights Challenge to Fisheries Service Decision on Disclosure of Necropsies Dismissed by Federal District Court”
by John M. Simpson.
On March 28, 2020, the National Zoo announced the passing of one of the oldest Asian elephants maintained in a zoological environment. The elephant Ambika, who had resided at the National Zoo for 59 years was estimated to be 72 years old at the time of death. Continue reading “National Zoo Elephant’s Passing Underscores Longevity of Captive Elephants”
by John M. Simpson.
On February 18, 2020, a trial court in Bronx County, New York, denied a habeas corpus petition filed by the Nonhuman Rights Project (NhRP) on behalf of “Happy,” a 48-year old Asian elephant residing in the Bronx Zoo. Nonhuman Rights Project v. Breheny, No. 260441/19 (N.Y. Sup. Ct., Bronx Cty. Feb. 18, 2020). The court ruled, based on binding New York precedent, that “Happy” is not a “person” for purposes of habeas corpus relief. Continue reading “New York Court Denies Habeas Petition for Bronx Zoo Elephant”
by John M. Simpson.
The U.S. District Court for the District of Columbia recently rejected claims challenging actions by the U.S. Department of Interior, acting through the Bureau of Land Management (BLM), to remove wild horses from an area of federal land in Nevada known as the Caliente Complex. In 2008, BLM issued a resource management plan (RMP) for the area that, due to wild hors e overpopulation and the ecological effects that stemmed therefrom, effectively set an appropriate management level of wild horses as zero for the entire Complex. BLM thereupon removed horses from the Complex, but due to overpopulation and ecological imbalance, BLM determined in 2018 that all wild horses be removed (2018 Gather Decision). Plaintiffs challenged both actions as contrary to the Wild Free-Roaming Horses and Burros Act (WHBA) and the National Environmental Policy Act (NEPA). The court granted summary judgment for the federal defendants and dismissed all claims. American Wild Horse Campaign v. Bernhardt, No. 18-1529 (BAH) (D.D.C. Feb. 13, 2020). Continue reading “D.C. District Court Rejects Challenge to BLM Wild Horse Removal Decisions”
by John M. Simpson.
A U.S. District Court in the District of Columbia recently dismissed a lawsuit brought under the Endangered Species Act (ESA) and the federal Administrative Procedure Act by the Center for Biological Diversity (CBD) against the Secretary of the Interior and the U.S. Fish and Wildlife Service (FWS). Center for Biological Diversity v. Bernhardt, No. 18-2576 (RC) (D.D.C. Feb. 12, 2020). CBD asserted that FWS’s guidelines for species-specific species status assessments (SSA’s) were issued without the requisite notice and comment. The guidelines for species-specific SSA’s provide an analytical framework for the agency’s listing and critical habitat decisions under the ESA. The court dismissed the case for lack of Article III standing. Continue reading “D.C. District Court Dismisses Endangered Species Act Case for Lack of Article III Standing”
by John M. Simpson.
On February 5, 2020, the U.S. House of Representatives passed, by voice vote, H.R. 4305, entitled the “Puppies Assisting Wounded Servicemembers for Veterans Therapy Act” or “PAWS for Veterans Therapy Act.” If the bill becomes law it would establish a pilot program in which grants from the Department of Veterans Affairs would be made to assess the “effectiveness of addressing post-deployment mental health and post-traumatic stress disorder … symptoms through a therapeutic medium of training service dogs for veterans with disabilities.” Among other things, grantee organizations would ensure that participating veterans would receive “training from certified service dog training instructors for a period of time determined appropriate … including service skills to address or alleviate symptoms unique to veterans’ needs.” Continue reading “Mental Health Service Dog Bill For Veterans Passes House”
by John M. Simpson.
People for the Ethical Treatment of Animals (PETA) is well known for its publicity-seeking tactics. Over the past Super Bowl weekend, PETA generated controversy with a commercial that it claims was rejected by the Fox Network which depicted cartoon animals “taking a knee” during the National Anthem. The social media response was not positive. Some critics saw this as trivializing and misappropriating Colin Kaepernick’s protest activities or trivializing the civil rights movement in general. During this same period, PETA’s founder, Ingrid Newkirk, went on record claiming that calling a pet a “pet” is offensive and disrespectful and tantamount to calling a woman “honey” or “sweetie,” drawing another offensive comparison — this time between dog or cat ownership and sexual discrimination and harassment. Continue reading “PETA Animal “Shelter” Continues to Show High Euthanization Rate”
