John Simpson – Page 9 – Animal Law Developments

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”

May 6, 2019 by John M. Simpson

Ninth Circuit Rejects Enviro Challenge to Forest Service’s Motorized Big Game Retrieval Plan

By John M. Simpson.

On May 6, 2019, the U.S. Court of Appeals for the Ninth Circuit rejected environmental groups’ challenges to travel management plans issued by the U.S. Forest Service (Service) pursuant to the Service’s Travel Management Rule in three Ranger Districts in the Kaibab National Forest: the Williams, Tusayan and North Kaibab Ranger Districts. WildEarth Guardians, et al. v. Provencio, No. 17-17373 (9th Cir. May 6, 2019). The court of appeals concluded that the Service’s actions were not contrary to the Travel Management Rule and complied with the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). Continue reading “Ninth Circuit Rejects Enviro Challenge to Forest Service’s Motorized Big Game Retrieval Plan”

March 25, 2019 by John M. Simpson

Study Shows Racism and Sexism Contribute to Animal Activist “Burnout”

by John M. Simpson.

A study was published recently in Social Movement Studies entitled “Nobody’s paying me to cry: the causes of activist burnout in United States animal rights activists.” The authors concluded that, while many factors play a role, racist and sexist treatment of individuals within animal rights groups also contributed to what the authors described as “burnout:” “when people once deeply embedded in movements – people who intended to remain engaged – are forced to disengage due to the stress impacts of participation.” Continue reading “Study Shows Racism and Sexism Contribute to Animal Activist “Burnout””

March 21, 2019 by John M. Simpson

Pigeon Seeks Election as “Animal Mayor”

by John M. Simpson

As recently reported, a pigeon in the London borough of Lewisham named “Tony” has been proposed by an online petition to be the town’s “Animal Mayor.” The petition requests that the existing mayor and borough council create this position which would be “the figure head and forum to bring everyone together.” According to the petition, “if we had a more respectful and empathetic view of Lewhisham’s non-human residents, we would try harder to protect the environment.” Tony’s entertaining campaign video indicates that he would rename the borough, which has 300,000 inhabitants, “Zooisham.” Evidently, the campaign would be “run online and open to every resident of Lewisham aged 5 and above.” Perhaps Tony will have some insights on Brexit strategy.