Ninth Circuit – Animal Law Developments

by Michelle C. Pardo

Back in 2015, the case of Juliana v. U.S., brought by 21 young people and various environmental groups in federal court in Oregon, grabbed many headlines. The issue: plaintiffs alleged that the U.S. government was violating their constitutional rights by contributing to climate change, despite knowing of its significant and catastrophic consequences. The lawsuit highlighted the impact of fossil fuels on the Earth’s climate and alleged that the federal government has long understood the risk of fossil fuel use and increasing carbon emissions, and has deprived plaintiffs of the right to “a climate system capable of sustaining human life.” Frustrated with the lack of action from the political process, this group of young plaintiffs, with a hefty backing of environmental activists, tried to get the federal courts to take action. The relief requested: a court order to compel the government to end fossil-fuel subsidies and adopt policies that would reduce greenhouse-gas emissions. Continue reading “Ninth Circuit Rejects Kids’ Climate Case”

Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit, Finding That PETA’s “Next Friend” Lawsuit Used Monkey as a “Pawn”

By: Michelle C. Pardo

As the old saying goes, “with friends like these, who needs enemies?”

Last year, animal activist group People for the Ethical Treatment of Animals (PETA), acting as a purported “next friend” of a Sulawesi crested macaque (named “Naruto”), brought a lawsuit in the Northern District of California against wildlife photographer David Slater and a self-publishing book company over a “selfie” that the macaque had taken when it grabbed wildlife photographer Slater’s camera. PETA had alleged that the monkey, as author and owner of the photograph, had a claim for copyright infringement against defendants. After finding that the monkey had constitutional standing, but no standing under the Copyright Act, the district court dismissed the case. PETA appealed the case to the Ninth Circuit. Continue reading “Ninth Circuit Recently Slams PETA Over Monkey Selfie Lawsuit”