D.C. District Court Dismisses Endangered Species Act Case for Lack of Article III Standing

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”

Mental Health Service Dog Bill For Veterans Passes House

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”

PETA Animal “Shelter” Continues to Show High Euthanization Rate

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”

Farmers in Ontario Could Get Increased Protection from Animal Rights Trespassers

by John M. Simpson.

On December 2, Bill 156 was introduced in the Legislative Assembly of Ontario, Canada, entitled the “Security from Trespass and Protecting Food Safety Act, 2019.”  The measure, which was introduced by the Minister of Agriculture, Food and Rural Affairs and which passed upon first reading, stiffens protections for farmers and animal processing facilities against trespass and other physical property invasions or interference with animal transportation. Continue reading “Farmers in Ontario Could Get Increased Protection from Animal Rights Trespassers”

President Trump Signs “Crush Video” Legislation

by John M. Simpson.

On November 25, President Trump signed the “Preventing Animal Cruelty and Torture Act” or “PACT Act” — H.R. 724 — which has become law as Public Law No. 116-72.  Unlike most recent examples of federal legislative gridlock, this measure went through both houses of Congress with very little, if any, opposition.  The bill cleared the House on a motion to suspend the rules and pass the bill and passed by voice vote.  In the Senate, the bill passed by unanimous consent. Continue reading “President Trump Signs “Crush Video” Legislation”

Animal Rights Group’s Charity Status Revoked by Australian Authorities

by John M. Simpson.

We have reported previously on the activities of Aussie Farms, an animal rights group in Australia that, earlier this year, published an internet-based interactive map showing the locations and other information regarding hundreds of farms and other animal-based businesses in Australia.  The map provoked a strong, negative reaction from the agriculture community in Australia, with some calling for the revocation of Aussie Farms’ status as a charity.  On November 18, 2019, the Australian Charities and Not-for-Profits Commission (ACNC) announced that it had “revoked the charity status of Aussie Farms following an investigation.”  Continue reading “Animal Rights Group’s Charity Status Revoked by Australian Authorities”

Australian State Gets Tough With Animal Rights Trespassers

by John M. Simpson.

On November 13, 2019, the Parliament of New South Wales passed legislation aimed at dealing with the increasing threat to farmers and their operations posed by animal rights activists in Australia who have taken up physical property trespassing as a tactic to get their various points across.  The measure, entitled the Right to Farm Bill 2019, increases the criminal penalties for aggravated trespass and creates a new offense for inciting aggravated trespass. Continue reading “Australian State Gets Tough With Animal Rights Trespassers”

House Passes Bill Amending “Crush Video” Prohibition

by John M. Simpson.

On October 22, 2019, the U.S. House of Representatives passed H.R. 724, entitled the “Preventing Animal Cruelty and Torture Act” or “PACT Act.”  The measure would retain the existing prohibition in 18 U.S.C. § 48 on the creation and distribution of “crush videos” but would also criminalize an intentional act of animal crushing.   Continue reading “House Passes Bill Amending “Crush Video” Prohibition”

Update on Elephant Habeas Corpus Case

by John M. Simpson.

We recently reported on a case in which an animal rights group, the Nonhuman Rights Project,  sought habeas corpus relief for three Asian elephants maintained in a zoo in Connecticut.  The Connecticut Appellate Court affirmed the lower court’s judgment and ruled that the plaintiff had no standing  because the elephants themselves had no standing. Continue reading “Update on Elephant Habeas Corpus Case”

UK Advertising Standards Authority Bans PETA Ad As “Misleading” and Lacking Substantiation

by John M. Simpson.

On September 4, 2019 the Advertising Standards Authority (ASA), which describes itself as “the UK’s independent advertising regulator,” upheld a challenge to an advertisement  that had been displayed for People for the Ethical Treatment of Animals (PETA) on the side of buses in February 2019.  As the authority described it, the ad “included the text ‘Don’t let them pull the wool over your eyes.  Wool is just as cruel as fur.  GO WOOL-FREE THIS WINTER PeTA.’  Beside the text was an image of a woman with the neck of her jumper pulled over her face.”   Ten complainants challenged whether the claim “wool is just as cruel as fur” was misleading and could be substantiated.  ASA upheld the challenge and ruled that the ad “must not appear in its current form” and “told PETA not to use the claim ‘wool is just as cruel as fur’ in [the] future.”  Continue reading “UK Advertising Standards Authority Bans PETA Ad As “Misleading” and Lacking Substantiation”

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