John Simpson – Page 8 – Animal Law Developments

August 20, 2019 by John M. Simpson

Connecticut Appellate Court Denies Habeas Relief for Elephants

by John M. Simpson.

On August 20, 2019, a panel of the State of Connecticut Judicial Branch Appellate Court officially released a decision affirming the dismissal of an action that had been brought seeking habeas corpus relief for three elephants maintained at a zoo in Goshen, Connecticut. Nonhuman Rights Project, Inc. v. R. W. Commerford and Sons, Inc., No. AC 41464 (Conn. App. Aug. 20, 2019). The petitioner Nonhuman Rights Project sought to represent the elephants as their “next friend” seeking to vindicate what was described as the animals’ “common-law right to bodily liberty.” The lower court dismissed the case on the grounds that petitioner lacked standing and, alternatively, that the petition was “wholly frivolous.” Continue reading “Connecticut Appellate Court Denies Habeas Relief for Elephants”

August 16, 2019 by John M. Simpson

Bid By Humane Society International To Get Information On Sport Hunters Fails

by John M. Simpson.

On August 15, 2019, the U.S. District Court for the District of Columbia entered a partial summary judgment upholding a decision by the U.S. Fish and Wildlife Service (FWS) to withhold certain information pertaining to sport hunters from records produced pursuant to a Freedom of Information Act (FOIA) request by Humane Society International (HSI). Humane Soc’y Internat’l v. U.S. Fish & Wildlife Serv., et al., No. 16-720 (TJK) (D.D.C. Aug. 15, 2019). HSI is an organization related to the animal rights organization Humane Society of the United States (HSUS). HSUS has long been known for its opposition to sport hunting. Continue reading “Bid By Humane Society International To Get Information On Sport Hunters Fails”

August 13, 2019July 16, 2021 by John M. Simpson

9th Circuit Rejects Animal Rights Organization’s Claim That a Bengal Tiger is an “Individual” Under FOIA

by John M. Simpson.

Yesterday, in Animal Legal Defense Fund v. U.S. Department of Agriculture, et al., ___ F.3d ___, No. 18-16327 (9th Cir. Aug. 12, 2019), the U. S. Court of Appeals for the Ninth Circuit affirmed a summary judgment of the U.S. District Court for the Northern District of California holding that a Bengal tiger is not an “individual” within the meaning of the Freedom of Information Act (FOIA). The case had been brought by the Animal Legal Defense Fund (ALDF) after the U.S. Department of Agriculture (USDA) denied ALDF’s request for expedited treatment of its FOIA request for records concerning an inspection request regarding a tiger named “Tony.” Continue reading “9th Circuit Rejects Animal Rights Organization’s Claim That a Bengal Tiger is an “Individual” Under FOIA”

August 9, 2019August 13, 2019 by John M. Simpson

DOT Clarifies Enforcement Priorities Concerning Air Travel With Service Animals

by John M. Simpson.

On August 8, 2019, the U.S. Department of Transportation’s (DOT’s) Office of Aviation Enforcement and Proceedings (Enforcement Office) issued a Final Statement of Enforcement Priorities Regarding Service Animals (Final Statement). This action apprises the public of DOT’s “enforcement focus with respect to the transportation of service animals in the cabin of aircraft” which DOT regulates under the Air Carrier Access Act (ACAA). Last year, DOT initiated an advanced notice of proposed rulemaking under the ACAA to respond to concerns expressed by individuals with disabilities, airlines, flight attendants and other stakeholders about the need for a change in DOT’s service animal requirements. Recognizing that the rulemaking process can be lengthy, DOT also issued an Interim Statement of Enforcement Priorities to give notice of how the statute would be enforced during the rulemaking process. While “not legally binding in its own right,” the August 8 Final Statement provides the public with “greater transparency” with respect to the interpretation and enforcement of existing requirements by the Enforcement Office, based upon the comments that the agency has received from the public. Continue reading “DOT Clarifies Enforcement Priorities Concerning Air Travel With Service Animals”

July 27, 2019 by John M. Simpson

8th Circuit Reverses Restitution Order In Eagle Feathers Sale Case

by John M. Simpson.

On July 26, 2019, the U.S. Court of Appeals for the Eighth Circuit issued a decision in United States of America v. Sheldon Tree Top, No. 18-1816 (8th Cir. July 26, 2019), a criminal case that had arisen under the Bald and Golden Eagle Protection Act, 16 U.S.C. § 668(a) and the Lacey Act, 16 U.S.C. §§ 3372(a)(1), 3373(d)(2). Defendant pleaded guilty to selling eagle feathers in violation of the Eagle Protection Act, and the Lacey Act count was dismissed. Defendant was sentenced to six months imprisonment and one year of supervised release. As a condition of supervised release, the district court ordered that defendant pay $5,000 in restitution. Defendant appealed and challenged the restitution order, and the Eighth Circuit reversed. Continue reading “8th Circuit Reverses Restitution Order In Eagle Feathers Sale Case”

July 25, 2019July 26, 2019 by John M. Simpson

Baltimore Seafood Restaurant Continues to Needle PETA

by John M. Simpson.

We have reported previously (here and here) on an ongoing back and forth between animal rights group People for the Ethical Treatment of Animals (PETA) and Jimmy’s Famous Seafood, a seafood restaurant in Baltimore, Maryland. PETA started it with a billboard advertisement in which a Maryland crab proclaimed “I’m ME, not MEAT. See the individual. Go Vegan.” Jimmy’s responded with its own billboard asserting: “SteaMEed crabs. Here to stay. Get Famous.” Jimmy’s also trolled PETA on Twitter with humorous effect with hashtags like “#SteamThemAll.” This tactic reportedly had the effect of boosting Jimmy’s sales. Continue reading “Baltimore Seafood Restaurant Continues to Needle PETA”

June 24, 2019 by John M. Simpson

Significant U.S. Supreme Court FOIA Decision Likely To Complicate Activist Agendas

by John M. Simpson.

As many lawyers representing animal-related businesses regulated by U.S. federal government agencies can attest to, Freedom of Information Act (FOIA) litigation by animal activist interests has become what amounts to a cottage industry. Animal activist groups are prolific in their FOIA requests to various federal animal-related agencies — such as the U.S. Department of Agriculture (USDA), which regulates animal exhibitors and researchers under the Animal Welfare Act (AWA) — for information on the persons and entities subject to USDA regulation. This quest for business information typically unfolds as follows: a business will mark its internal commercial and financial information “confidential” when submitting it to the agency in connection with an agency proceeding; the information is then requested through FOIA; the agency withholds it under FOIA Exemption 4; and then the fight becomes whether the release of the information will inflict “substantial competitive harm” on the submitter. This all changed today with the U.S. Supreme Court’s decision in Food Marketing Institute v. Argus Leader Media, No. 18-481, Slip opinion (U.S. June 24, 2019). Continue reading “Significant U.S. Supreme Court FOIA Decision Likely To Complicate Activist Agendas”

June 14, 2019June 18, 2019 by John M. Simpson

Maine’s Top Court Rules Harvesting Seaweed Is Not “Fishing”

by John M. Simpson.

Animal rights enthusiasts have a knack for pushing the envelope in their various arguments that legal rights should be recognized for a wide variety of animal species. For example, it was reported recently that People for the Ethical Treatment of Animals (PETA) tweeted in connection with World Oceans Day that “Oysters and other bivalves are animals who deserve our consideration.” Against this backdrop, a recent decision of the Supreme Judicial Court of Maine raised an interesting issue. Ross v. Acadian Seaplants, Ltd., 206 A.3d 283 (Me. 2019), presented the question whether “rockweed,” a species of seaweed in Maine that grows in the intertidal zone, is owned by the adjoining upland property owner who owns the intertidal soil in fee simple or is held in trust by the state through the jus publicum for the public to harvest. Continue reading “Maine’s Top Court Rules Harvesting Seaweed Is Not “Fishing””

June 7, 2019 by John M. Simpson

Dog Bite Allegations Highlight Issues In DOT Rulemaking On Air Travel With Service Animals

by John M. Simpson.

An Alabama man recently filed a lawsuit in state court in Georgia against Delta Airlines, Inc., and another passenger, arising out of an alleged dog-biting incident that occurred on a Delta flight. Jackson v. Delta Air Lines, Inc., et al., No. 19EV00278, Complaint (Fulton Cty., Ga. May 24, 2019). Continue reading “Dog Bite Allegations Highlight Issues In DOT Rulemaking On Air Travel With Service Animals”

June 5, 2019 by John M. Simpson

HSUS Gets Mixed Result in D.C. FOIA Case

by John M. Simpson.

On June 3, 2019, the U.S. District Court for the District of Columbia granted in part and denied in part cross-motions for summary judgment in a Freedom of Information Act (FOIA) case that the Humane Society of the United States (HSUS) had brought against the U.S Department of Agriculture’s Animal and Plant Health Inspection Service, et al. (APHIS). Humane Soc’y of the U.S. v. Animal and Plant Health Insp. Serv., et al., No. 1:18-cv-00646 (TNM) (D.D.C. June 3, 2019). HSUS’s FOIA request was for site-inspection reports and other inspection records for specific animal dealers and exhibitors who are subject to regulation by APHIS under the Animal Welfare Act (AWA). Continue reading “HSUS Gets Mixed Result in D.C. FOIA Case”