Can California regulate egg production under the Commerce Clause?

New standard for chickens

New standard for chickens

Seth Victor

Missouri Attorney General Chris Koster has filed a lawsuit in the Eastern District Court of California, asking the federal court to overturn a 2010 California law requiring the same standards for in-state chickens be applied to out-of-state chickens. In 2008, California passed Proposition 2, a ballot measure that increased the standards for egg-layers, providing that such chickens must have enough space to spread their wings without touching another chicken, and be able to stand up and lay down. Animal producers in California, however, complained that because they couldn’t stuff as many birds into the same space, they are at an economic disadvantage when competing with out-of-state producers selling in California. In response the state legislature passed a law requiring that all eggs sold in California be held to the same standards required under Proposition 2. The law will take effect in 2015. While California maintains that the additional law was enacted for health safety given the atrocious conditions of battery cages, Missouri counters that the law is an unlawful attempt to regulate conduct outside of California’s boarders, and an impermissible protection against out-of-state competition, both of which are in violation of the Commerce Clause. Continue reading

Merck Pledges to End Chimpanzee Testing

 

Seth Victor

 

Taking further steps in the right direction, Merck, one of the largest drug producers in the world, announced last month that it is ending research on chimpanzees. Kathleen Conlee, vice president of animal research issues for The HSUS said: “Merck’s new biomedical research policy will save chimpanzees from unnecessary and painful experiments. Merck’s decision, and that of several other pharmaceutical companies, sends a strong message that private industry is moving away from chimpanzee research as the government has.”

 

Merck has made this commitment while simultaneously stating, “The company’s mission is to discover, develop, manufacture and market innovative medicines and vaccines that treat and prevent illness. Animal research is indispensable to this mission.” While that quotation ominously suggests that other animals will continue to be a part of the company’s research, the more hopeful interpretation is that while Merck relies on animal testing under FDA regulations for its drugs and other products, it joins other pharmaceutical companies recognizing that even though chimps might be valuable to this research, their welfare is more important, and other ways to test the products should be utilized.

 

 

 

How Puppies Can Help the Incarcerated

Seth Victor

When we talk about animals and the law, we often focus on how those laws affect and (fail to) protect animals, how penalties for harming animals are developing, and also how animals are used to enforce the law. What about animals who are used to help rehabilitate people on the other side of the law? Dogs, our faithful best friends from PuppiesBehindBarsAtWarwickApril2010the animal world, are the poster animals for rehab. Some of the most recognized examples are seeing-eye dogs, and with hundreds of soldiers returning with a plethora of physical and mental damage, service dogs for veterans continue to be in demand. But while America gladly clads itself in the garb of war heroes and the auspices of social care (insert partisan comment here), it is also houses 25% of the world’s incarcerated humans. What about those forgotten 2,266,800?

Continue reading

Dog Custody in Divorce

Nancy Rogowski

            When married couples divorce, who gets to keep the dog?  Under the law, dogs are considered to be personal property, and no matter how loved dogs are, they are not treated like children under the law.  Many judges do not want to get involved in pet disputes. The family pet sometimes becomes a powerless victim of the breakup.  Recently, courts have been ruling dog custody at other forms than property.  In the New York Post on December 4, 2013 there was an article about a pair of divorcing women about to fight it out in court over a miniature dachshund named Joey.  It will be New York’s first matrimonial pet-custody case.  The attorney for one of the women, Sherri Donovan said, “It recognizes the special place of pets in our families.”  JoeyStanding.JPG

Manhattan Justice Matthew Cooper opines in his ruling granting the women oral arguments.  According to the article, the only bone of contention in their divorce is who will get sole custody of their 2-year-old pet, Joey.  One of the women gave Joey as a gift to the other women, which she claims always sleeps on her side of the bed.  Judge Cooper notes that New York law lags behind other states’ legal standing of their pets, and that “most pet owners would not trade their pets for even $1 million in cash.”  The judge will schedule a hearing to determine Joey’s fate, instead of regarding him like a piece of property.  Judge Cooper wants to hear the truth about who bore the major responsibility for meeting Joey’s needs.  He will be asking questions such as: “Who spent more time with Joey on a regular basis?”  The judge says, “…there is certainly room to give real consideration to a case involving a treasured pet.”  The parties are still working out a date for the hearing.  Continue reading

The ESA at 40

Ellen Zhangellen

“What a country chooses to save is what a country says about itself,” Mollie Beattie, U.S. Fish and Wildlife Service Director 1993-1996.

Forty years ago this month, Congress passed the Endangered Species Act (“ESA”).  When signing the ESA into law on December 28, 1973, President Nixon stated, “Nothing is more priceless and more worthy of preservation than the rich array of animal life with which our country has been blessed. It is a many-faceted treasure, of value to scholars, scientists, and nature lovers alive, and it forms a vital part of the heritage we all share as Americans.” Continue reading

Vets Groups Oppose Award of Non-Economic Damages in Police Dog Shooting

Maeve Flanagan

In January of 2010, a Frederick County deputy, Timothy Brooks, drove to the home of Roger and Sandra Jenkins to serve a civil warrant on their son. The Jenkins’ chocolate Labrador retriever, Brandi, rushed out of the home towards the officers but stopped before getting very close.  As Roger called for Brandi to return into the home, Deputy Brooks shot the dog and injured her leg.  Brandi

maeve

recovered, but may have to have her leg amputated.  In April of 2012, a jury awarded the Jenkins’ $620,000 in damages, $200,000 of which was for emotional distress.  That award was later lowered to $607,500 because Maryland has a statutory limit of $7,500 for veterinary bills.  Continue reading

Law, Animals, and Professors

TAGORE - WIN_20131209_213438

Tagore Trajano

In early September, I arrived in the U.S again with a new goal, “… pass through the bridge between being a student and being an international Professor”.

At a good teaching university, a professor is expected to be formal, and faraway from his students. However, I had learned that being a good University Professor is to be ready to share the opportunities, and show for his students that all of them have a great path in their lives.

This is one of the lessons that you can pick from David Cassuto’s Law Classes Continue reading

The Consequences of a Mauling

Megan Hopper-Rebegea

Heading to Romania as a Peace Corps volunteer I read about and was warned several times about the packs of stray street dogs, known in Romania as câine vagabond.  At least one Peace Corps volunteer was bitten each year and had to make several trips to Bucharest from their home site to receive rabies vaccinations.  The dogs are a remnant of the Communist regime when residents were moved into large apartment buildings, known as blocs.  Animal activist, Livia meganCompoeru, explained that “[w]hen the great demolitions came, many houses were knocked down and owners moved to apartments and could not take dogs with them.”

In September of this year, a four year old boy was mauled by stray dogs while playing with his brother in a park in Bucharest, the capital of Romania.  Bucharest has a population of approximately 2 million people and 60,000 stray dogs.  One hospital in Bucharest has treated 9,760 people for dog bites during the first eight months of 2013.  This was not the first death caused by stray dogs.  In the past few years, another Bucharest woman was killed by a pack and a Japanese tourist died after a stray severed an artery in his leg.  After the mauling of the young child, animals have been hacked, kicked, and torched to death in revenge.  The picture below shows a street dog whose jaw was hacked off.  Continue reading

Trick?…Or treat?

Gina LeDonne

ledonne animalblawg2The Christmas trees are surfacing and the very last Halloween candy rejects are being picked over or tossed, so, I’ve begun to think about the “trick” that lasts well into the holiday season, you know, that one that is certainly no “treat”: animal products masquerading as harmless sweet confections.  So many holiday foods are non-obvious sources of animal products—ones that are derived from processes and conditions that are just as harmful to the animals as meat-eating itself. Conscious vegetarians stay away from the obvious animal foods, but: gummy bears? Jell-o molds?  Marshmallow topped sweet potatoes? What do they all have in common? Gelatin. Continue reading

The “Necessity” of Cosmetic Animal Testing

Andrea Rodricks

            Although the U.S. Food and Drug Administration(FDA) does not require cosmetic testing on animals, it does allow a company to take whatever steps necessary to prove product safety. This includes animal testing. Even though the FDA does advocate for alternative methods of testing, it seems to be an all too common perception that animal testing is necessary for the development of safe products. This is evidenced by the hundreds of companies that still test on animals. I have never understood why it is seen as the best way to test cosmetics. Does testing mascara on a rabbit really prove that it is safe for human use? There are plenty of alternatives to testing on animals, so it is any wonder why companies continue this horrific practice. rabbits-cosmetic-test

The United States is significantly behind in banning animal testing of cosmetics. In 2004, the European Union(EU) banned domestic cosmetic testing on animals. In 2009, the EU went even further by banning animal testing of the ingredients used in cosmetics. Additionally, they banned the sale of products that have been tested on animals. Finally, in early 2013, the EU’s final deadline of prohibiting marketing of products that are tested on animals was complete. On January 1, 2013, Israel’s ban on animal testing for cosmetics went into effect prohibiting the importation and marketing of products that test on animals. Similar to the EU, this was the second step in a process that started in 2007 with the banning of domestic animal testing. Finally, in July of this year, India joined the EU and Israel, by prohibiting animal testing on cosmetics and ingredients.          Continue reading

Uncertain Future for SeaWorld

Nicole Geraci

SeaWorld Killer Whale Show One WorldWhile controversy has long surrounded human-orca interaction, the recent release of the documentary “Blackfish” has sparked considerable outrage amongst its viewers.  The film captures the history of killer whales in captivity with its spotlight on Tilikum, an orca who was captured off the coast of Iceland in 1983 and transported to SeaWorld.  “Blackfish” also portrays the tragic 2010 incident of veteran trainer Dawn Brancheau who ultimately lost her life after being dragged underwater by Tilikum, the events of which were witnessed by a live audience.

In response to the trainer’s untimely death, the Occupational Safety and Health Administration imposed a $12,000 penalty (reduced from an original $75,000 fine) on SeaWorld.  The pending litigation involves the general duty clause of the OSHA which requires employers to provide “a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm.”  The issue is whether SeaWorld has in fact violated this duty.  SeaWorld filed an appeal contending that it should not be required to eliminate all risk associated with an activity that is essential to the company’s work.  Labor officials have responded with safety requirements in which SeaWorld trainers would be ordered to work behind barriers or maintain safe distances between themselves and the whales, which according to SeaWorld, would undermine their shows.  Continue reading

Human Overpopulation as an Animal Rights Issue

Anika Mohammed

Overpopulation of humans, what does this mean?

anika Generally, people are using resources more rapidly than they can be regenerated. According to the Animal Welfare Institute the affects of overconsumption of resources by humans is currently having adverse effects across the world. Aside from the obvious consequences overpopulation creates for humans, there is a very real and dangerous affect for animals.

What is the affect of overpopulation on animals?

There is no simple answer to this question. The demand created by humans exceeds the available resources, causing these resources to be depleted at a rate that rejuvenation cannot keep up with. An example of this can be seen through the increased demand for food due to overpopulation. For many people, this involves the consumption of meats. This causes an increase in food production, such as grains, that is then used to feed livestock, that is then consumed by humans. In order to meet the demand for these grains and livestock, more land is taken away from wildlife. Therefore, not only are more animals being consumed due to the population growth, more of their habitat is also taken away. Continue reading

The March for Elephants

Gina LeDonne

Recently, I was in New York City for a concert. I was sitting in Times Square with a friend and a cup of Tasti D’Lite—we were trying to kill time before the show. Suddenly, I heard the trumpeting of elephants and up on the jumbo-tron was a dynamic ad for the “March for Elephants”. http://www.marchforelephants.org

The March for Elephants is a charity walk  to promote keeping elephants from extinction. I was so excited to see an issue relating to animal rights highlighted in such a huge way.

ledonne animalblawg1

I didn’t know very much about the treatment of these majestic animals before the topic of Circus Animals came up in my Animal Law class, nor did I realize just what kind of danger they are in.  In class, we discussed how social elephants are, and how, like people, elephants need their mothers well into their young lives. Very sadly, elephants are being hunted for their valuable ivory tusks; because of this, babies are separated from their mothers, and, all are in danger. Continue reading

Rescue beagle dogs reopens the debate on Animal Experimentation Law in Brazil

Tagore Trajano

About a month ago, the rescue of approximately 178 dogs beagle of the Institute Royal research relumed the Brazilian Animal experimentation Law debate. In this week, some Brazilians representatives have discussed to install in the next few days a Parliamentary of Inquiry (CPI) to investigate all types of maltreatment of animals in Brazil.Brazilian Advocates

A Parliamentary Front in Defense of Animals have tried to approve projects prol-animals since 2003, but public policy about animal rights has always been treated as a joke in the House of Representatives. The debate involving the mistreatment of animals resurfaced after the invasion of the Royal Institute in São Paulo , by protesters opposed to animal testing .

In Brasília, activists have proposed to create a federal fund for animals, Welfare Animal Code, and a anticruelty tag in the products. Companies should inform the packaging of their products if they were or were not tested on animals.

Animals in research labs have since been protected under the Laboratory Animals Act –LAA (2008), legislation which set the rules about animal testing and research and revoked the Vivisection Act (1979). The LAA created the National Animal Experimentation Counsel (CONCEA), responsible for creating new rules about animal experimentation in Brazil. However, most of Brazilian Professors advocated that there are some incongruences with the Constitution that prohibits animal abuses.

Looks like it’s time to draw the path that Brazil wants to take in defense of animals, rethinking laws that allow to use of animals as food, entertainment, and experimentation.

Related articles

Student Fellowship!

David Cassuto

From the email:

Animal Welfare Trust is currently seeking applicants for our 2014 Student Grant Program. The grant provides up to $5000 per recipient for graduate students to work on an independent research project under faculty supervision or for an unpaid position within an established organization. Internships can be for a summer, semester, or year-long duration. Applications are due on March 1, 2014. Animal Welfare Trust believes that we can make a meaningful contribution to animal welfare by encouraging students to work on projects that facilitate positive reform for animals. Details about the grant program, the application process, and information on past recipients can be found on our website. Continue reading

Connecticut’s ‘Puppy Mill Task Force’

Olivia Marotta

puppymill copyConnecticut is one step closer to banning puppy mills. Legislation was recently introduced to prohibit the operation of animal mills in Connecticut and to ban the sale of dogs and cats that were obtained from animal mills. The bill, H.B. 5027, entitled, “An Act ­Prohibiting the Sale of Dogs and Cats Obtained from Substandard Domestic Animal Mills and Requiring a Standard of Care Applicable to Animal Importers,” is notable for publicly acknowledging the horrid, cruel conditions from where many pets come and is the first major step in bringing reform for the animals who are forced to suffer lifelong abuse and neglect.  Continue reading

Moving Animal Cruelty Crimes to the Penal Law?

Nicole Geraci

Assemblyman Anthony Brindisi has proposed a bill to move animal abuse crimes from the Agriculture Markets Law into BLOG 1 picture[1] copythe Penal Law, a change which he and CNY SPCA note is long overdue.  According to Brindisi, “Many animal abuse laws were written 50 years ago. And most judges and lawyers are just not familiar with agriculture market laws as they are with the penal law . . . When you have a case of animal cruelty, the courts and lawyers may not consider them “real crimes” with animal abuse, even when they are in fact severe crimes.”  Unfortunately, I think this mindset probably exists amongst the general public as well, and this bill proposal is a means of addressing the problem.  Recent cases of animal abuse across Central New York, as disturbing as they are, may be just the momentum needed to enforcing harsher punishments for violators of animal cruelty.  Continue reading

Equine freedom, but at what cost?

Seth Victor

The blawg has previously discussed the controversy surrounding horse-drawn carriages in New York City. Now there is the potential that those idealized tours around Central Park might be coming to an end. According to the New York Daily News, both major mayoral candidates poised to run the Big Apple support a city council bill to ban horse-drawn rides. There is a concern, however, that if the practice is ended, the 200 or so horses that are impressed to pull these carriages will be sent to their deaths, not to some bucolic retirement field further upstate. The article summarizes the issue.

My question to you, dear reader, is what is the best result for the animals? Place the economic concerns regarding the proposed electric replacement carriages aside. Assuming that no home can be found for these horses, if you believe that the horses who march around the streets of New York City are suffering and are not being properly cared for, is it better to end their suffering through ending their lives, or is life so precious that between a life of hard work and death, life should prevail?

We’ve touched on this question before, and it is a divisive one between different camps of animal rights. Please vote below with your opinion. I recognize that there are many answers to this question, but given the choice between the two (and if being forced to pick the lesser of two evils isn’t American, what is?), where do you stand?

DePaul Animal Law Conference

David Cassuto

Wednesday, October 30, 2013

8:30 am – 5:00 pm

DePaul Center, Room 8005

1 E Jackson Blvd

Chicago, IL 60604

Seating is limited. Please REGISTER now.

DePaul University College of Law is an accredited Illinois MCLE provider. This event has been approved for up to 7 hours of CLE credit.

Over the past several years, the legal, moral and ethical issues surrounding animals in contemporary food production and distribution have received significant attention because of books such as “Fast Food Nation” and “Eating Animals,” documentaries such as “Food, Inc.” and “Forks Over Knives,” and the release of undercover footage depicting modern slaughterhouse conditions. At the same time, consumer interest about where food comes from and the value of organic eating and non-meat diets is at an all-time high.

Please join us for a day of education, analysis and discussion about the legal protection of animals as food. Gary Francione, one of the most well-known figures in the modern animal rights movement, will appear as our Luncheon Speaker. Panels include The Raising and Slaughtering of Farm Animals, Ag-Gag Laws, Undercover Investigations and Exposing Animal Cruelty, Food Labeling: What Labels Actually Mean for Consumers and Animals, and Prohibition vs. Regulation: Are Incremental Steps Enough? A free vegan lunch will be served during Professor Francione’s speech and a reception will follow the event.

To register, please visit law.depaul.edu/cal2013event

For questions or to register by phone, please contact Brett Harrison Davinger at (312) 362-8065 or bdavinge@depaul.edu.

25 East Jackson Boulevard | Chicago | Illinois | 60604 | 312.362.8701

Energy Needs v. Endangered Species

Rafael Wolff

The Mekong River is the 12th largest river is the world and runs through China, Burma, Laos, Cambodia, Thailand and Vietnam. This river, asSecond Post Animal Law Image many others in the world, is as important for those countries as it is for the animal life depending on it.

Here we have a good example of that.

According to The Economist, the construction of the first dam in lower Mekong is “in full swing” in Laos. The objective of this huge construction is to provide 1,300 megawatts to Thailand, which will cost $ 3.5 billion. Continue reading

Organized Crime and Dogfighting

Rafael WolffFirst Post Animal Law Image

How can anyone hurt this little, cute puppy?

That was my only thought when I realized that this little guy was found in the scorching sun, with a chain around his neck, during a police raid last month, due to an investigation about dog fighting, according to CNN. But when organized crime and money are involved, there is little room for compassion, so, I shouldn’t be surprised. What should have surprised me is the fact that dogfighting can bring as much as $200,000 to criminals. I also should have been surprised by the fact that there are a lot of costumers for that “product”, similarly to drugs and other illegal goods.  Continue reading

New Jersey Animals Get More Protection, But Are Still Property

Seth Victor

Last month New Jersey Governor Chris Christie signed laws creating two new felonies for animal abuse. The first, “Patrick’s Law,” increases neglect of a dog from a disorderly persons offense, a misdemeanor, to a fourth degree felony, or in some cases, a third degree felony. The fines associated with these crimes were also increased. Additionally, overworking an animal is now a misdemeanor offense. The law was inspired by Patrick, a malnourished pit bull who was thrown down a garbage patrickchute in a trash bag by his owner. Patrick survived and was rescued, but owner Kisha Curtis is not expected to face harsh penalties for her actions. Under the new law, even failing to provide a dog like Patrick with adequate food and water could land a similar offender in custody. The bill was passed by the NJ Assembly last spring.

Christie also signed “Dano’s Law,” aka “Dano’s and Vader’s Law.” Under this addition, it is now a fourth degree felony to threaten the life of a law enforcement animal. This measure primarily includes K-9 units, but also horses for mounted police. NJ Sen. Christopher Bateman commented, “Cowardly criminals who threaten the life of a law enforcement animal will now receive the punishment they deserve.”

Continue reading

Why the King Amendment is Hypocritical

Seth Victor

Recently Angelique Rivard explained some of the dangers inherent in Rep. Steve King’s amendment to H.R. 6083, the Farm Bill. What makes this amendment maddening is that Mr. King has cited law to support this measure that he would decry as the product of an overreaching government in almost any other circumstance. There is no doubt that Mr. King’s proposal is intended to end state protection for farmed animals; his website proudly declares that he hopes to terminate the efforts of animal rights groups, ensuring “that radical organizations like the Humane Society of the United States (HSUS) and PETA are prohibited from establishing a patchwork of restrictive state laws aimed at slowly suffocating production agriculture out of existence.”

King has hardly been the darling of animal rights before this foray, as Stephen Colbert nicely summarizes. Perhaps unsurprisingly, the Humane Society Legislative Fund and the Defenders of Wildlife Action Fund both gave him a 0% rating in 2012. This came after a 2010 statement at a National 4-H Conference that “the HSUS is run by vegetarians with an agenda whose goal is to take meat off everyone’s table in America.” King has also previously voted against broadening the definitions of the Endangered Species Act in 2005 which would have enabled better listing criteria.

Continue reading

ALDF Files Suit Challenging Ag-Gag

David Cassuto

The Animal Legal Defense Fund (ALDF) & PETA have filed suit challenging Utah’s draconian Ag-Gag law.  Read Stephen Well’s excellent blog post about it here.chicken

Newsday’s Filler Lacks Substance

Ed Pekarek

A member of Long Island’s Newsday editorial board, Lane Filler, authored an attempt at a troll droll column recently, which effectively endorsed the slaughter of American horses as food. The aptly-named columnist posits in absolutist and seemingly libertarian terms his Fillerosophy, chock full of crass cracks about the slaughter of sentient horses.  According to Filler, only those who oppose all consumption of animals as food may ever morally oppose the destruction of any animal. Anything short of that, at least according to Filler, is mere hypocrisy.

2horsesThe Fillerosophy is stated as follows: “when the subject of eating the animals we deem too charming to chew comes up – around the grill, among people who happily consume some animals but not others – the hypocrisy can be harder to stomach than a poodle-and-potato pie when the poodle hasn’t been marinated right.” Filler’s sophomoric hyperbole is telling; many horses are raised closely with humans, often perceived as part of a family and loved. He glibly notes he does not “want to eat dog. I’m pretty sure if I did, Rosie, my Boston terrier, would find out about it, and give me the look. I don’t want to eat cat, although they give me the look regardless, nor monkeys nor dolphins nor any fish species that’s ever had a featured role in an animated film.” However, he detours before taking a position whether it is inappropriate in this nation (or any other) to serve dogs and cats as entrees.

Sure, some horses in the U.S. are raised to perform work, whether to plow, or herd, race or jump, or even dance in dressage. However, the idea that highly-intelligent species so closely connected to humans may be slaughtered (and abundant evidence exists, including through the USDA, that the killing of horses is done in a manner often causing substantial suffering, with some reportedly remaining conscious in the abbatoir as they are strung up by one leg and their throat is slit) poses a grisly threat to the opposition of killing any sentient creature for human purposes. Continue reading

Scientists See Cruelty in Killing Method Used in Japan’s Dolphin Roundup

ANDREW C. REVKIN

A still image from video shot of the dolphin roundup and slaughter near Taiji, Japan, by the dolphin-protection group Atlanticblue.de.
(x-post from Dot Earth)

In a new peer-reviewed study, scientists assess the killing method employed by the dolphin hunters of Taiji, Japan, by watching video recorded surreptitiously in 2011 by a German dolphin-protection group, AtlanticBlue. The still image at right is from the video, which can be seen here (but be forewarned; this is not suitable for children — or many adults, for that matter).

Here’s the researchers’ not-so-surprising prime conclusion:

This killing method does not conform to the recognized requirement for “immediate insensibility” [some background is here] and would not be tolerated or permitted in any regulated slaughterhouse process in the developed world.

Of course given that these are wild, big-brained animals rounded up with methods made infamous in the crusading and Oscar-winning documentary “The Cove,” even if a slaughterhouse standard were met, the controversy would hardly fade. (Watch my 2010 interview with the film’s director, Louis Psihoyos.)

Here’s the abstract of the paper, followed by a brief interview with one author, Diana Reiss, a cognitive psychologist at Hunter College who was an adviser on the documentary and has made no secret of her campaign to end cruelty to this species:

A Veterinary and Behavioral Analysis of Dolphin Killing Methods Currently Used in the ‘Drive Hunt’ in Taiji, Japan

Journal of Applied Animal Welfare Science, Volume 16Issue 2, 2013 (DOI: 10.1080/10888705.2013.768925)

Andrew ButterworthPhilippa BrakesCourtney S. Vail & Diana Reiss

Annually in Japanese waters, small cetaceans are killed in “drive hunts” with quotas set by the government of Japan. The Taiji Fishing Cooperative in Japan has published the details of a new killing method that involves cutting (transecting) the spinal cord and purports to reduce time to death. The method involves the repeated insertion of a metal rod followed by the plugging of the wound to prevent blood loss into the water. To date, a paucity of data exists regarding these methods utilized in the drive hunts. Our veterinary and behavioral analysis of video documentation of this method indicates that it does not immediately lead to death and that the time to death data provided in the description of the method, based on termination of breathing and movement, is not supported by the available video data. The method employed causes damage to the vertebral blood vessels and the vascular rete from insertion of the rod that will lead to significant hemorrhage, but this alone would not produce a rapid death in a large mammal of this type. The method induces paraplegia (paralysis of the body) and death through trauma and gradual blood loss. This killing method does not conform to the recognized requirement for “immediate insensibility” and would not be tolerated or permitted in any regulated slaughterhouse process in the developed world.

Here are my questions and Reiss’s responses:

Q.

Can you tell me in a few words what this analysis means to you in the larger context of human/animal relations?

A.

. Dolphins are a cognitively and socially complex species that exist in their own societies in the seas. To see any animal treated in this way is shocking. Given what we know scientifically about the awareness, sensitively, cognitive and social prowess of dolphins, this treatment is unjustifiable and unacceptable and needs to be stopped immediately. In the larger context of human and non-human animal relations, the methods used to herd dolphins and then kill them is off-the chart in terms of any concern for animal welfare. At a time when most countries are concerned for the conservation and welfare of dolphins and whales it is strange and disturbing to see a modern country like Japan continue to ignore scientific knowledge and concern for these species.

In most modern countries these mammals are protected but sadly we see these exceptions. Our scientific knowledge needs to transcend cultural and geographic boundaries and these species need global protection.

Q.

One of the standard replies from Japan on this issue (whether with whales or dolphins) is that we, for example, cherish bison but eat bison burgers. Is there a distinction?

A.

You cannot compare bison to dolphins in the cognitive domain. However, bison are not killed in this inhumane manner. Nor are lab rats. In cases in which animals are domesticated for food, most modern countries are striving for better animal welfare practices that minimize pain and suffering during the killing process with the goal to render an animal unconscious quickly before it is killed. This is not the case in the dolphin drive hunts. These are not domesticated animals; they are wild dolphins that are captured within their social groups, mother and young, and slaughtered using a technique that actually prolongs death, pain and suffering. The herding procedures themselves are inhumane and may include forced submersion as the dolphins are dragged by their tails to shore to be killed.

This is not to say that dolphins should be killed. They should not.

For more on Reiss’s views, I encourage you to read Claudia Dreifus’s 2010 interview with her for Science Times and watch Reiss’s recent TEDx talk on dolphin intelligence.

In an interview last month with the journalist David Kirby, Mark Palmer, the associate director of Earth Island Institute’s International Marine Mammal Project, estimated that the dolphin hunters of Taiji killed nearly 900 dolphins and pilot whales this season and kept nearly 250 to sell for alive to the aquarium trade (which is booming in the Middle East and Asia).

| Related | In dolphin research, as in climate change science, a move from research to a mix of science and activism can create complex dynamics. To explore, read Erik Vance’s 2011 Discover Magazine feature, “It’s Complicated: The Lives of Dolphins & Scientists,” which chronicled how Reiss’s shift played out.

New Jersey Takes Steps Towards Stronger Animal Laws

Seth Victor

In a move to join Arizona, California, Colorado, Florida, Maine, Michigan, Ohio, Oregon, and Rhode Island, the New Jersey Assembly passed a bill 60-5 last Thursday to ban gestation crates for pigs. A similar bill already having passed in the state senate 35-1, the measure now awaits Gov. Chris Christie’s signature. Though a progressive step forward for animal protection, the bill, while giving a thorough definition of the kinds of confinement banned, still allows for the common exceptions. Gestating pigs can still be confined for “(1) medical research, (2) veterinary examination, testing, individual treatment, or an operation, (3) transportation of the animal, (4) an exhibition or educational program, (5) animal husbandry purposes, provided the confinement is temporary and for no more than six hours in any 24-hour period, (6) humanely slaughtering of the animal in accordance with the laws, and rules and regulations adopted pursuant thereto, concerning the slaughter of animals, and (7) proper care during the seven-day period prior to the expected date of the gestating sow giving birth.” While there is a rational basis for all of these exceptions, broad ones such as “veterinary examination” seem ripe for abuse (or at least a defense), and animal testing gets its typical pass with the “medical research” caveat. Still, there is a disorderly persons misdemeanor where once there was none, and groundwork to phase out a particularly thorny issue in CAFOs. Continue reading

Can Farming Rhinos Save the Species?

Seth Victor

Rhino-horn-tradeKevin Charles Redmon poses an interesting thought: can farming the horns of African rhinoceroses save the species? The horns of the rhinos are used throughout the world, from dagger handles to medicine. Though the animals are endangered, and protected under CITES, there is a lucrative black market business in poaching, especially when the horns fetch $65,000 a kilo; “demand for horn is inelastic and growing, so a trade ban (which restricts supply) only drives up prices, making the illicit good more valuable—and giving poachers greater incentive to slaughter the animal.” Poachers aren’t overly concerned with the long-term extinction risks of their prey. The focus is on the immediate value. Because the activity is illegal, timing is of the essence, and it’s apparently easier to kill and harvest the rhinos versus tranquilizing and waiting for them to go down. What if, Redmon wonders, we were to harvest the horns (they re-grow over time) by placing rhinos in captivity, guarding them well, and introducing a sustainable horn supply that doesn’t kill the rhinos? Continue reading

Animals Are Biggest Losers in Sequestration

Seth Victor

As reported by Mother Jones, there is a lovely outcome to the government’s sequestering: “The Food Safety and Inspection Service’s budget would be slashed by $51 million. This would result in a furlough of as much as 15 days for all employees, including 8,400 meat inspectors, as well as a loss of 2 billion pounds of meat, between 2.8 and 3.3 billion pounds of poultry, and over 200 million pounds of egg products. Meat shortages may also lead to price increases, leading to a domino effect on restaurants, grocers, and small businesses. There are also concerns that food safety ‘could be compromised by the illegal selling and distribution of uninspected meat, poultry, and egg products.’”

Or, as author Lemony Snicket might phrase it, “The news reported that there was going to be a loss, a word that here means ’13 million cows and over a billion chickens were killed for no use at all, because a bunch of people were busy fighting over other things, like how much money they could spend on themselves.’”

Ag-Gag Panel at iV– Ivy League Vegan Conference

David Cassuto

For those of you in the New Haven area today, please join me at iV, the Ivy League Vegan Conference.  It looks like a very interesting day.  I am on a panel about Ag-Gag laws.

Legal Issues with California’s Foie Gras Ban

Seth Victor

Late last month PETA filed a suit against Hot’s Restaurant Group in Los Angeles County, CA, alleging that the defendant violated the California state law that went into effect earlier this year prohibiting the sale of foie gras. The essence of the hots-kitchencomplaint is that Hot’s Kitchen, the specific restaurant in question, has skirted the law by selling a hamburger for an increased price and including with the hamburger a “complimentary side of foie gras.” Being that foie gras is sold legally at gourmet restaurants around the country for a pretty penny, on its face Hot’s seems to be blatantly rebelling against California’s ban, taking a position common among many restaurant owners. Taking the ethical debate over foie gras (ahem) off the table for a moment, is what Hot’s Kitchen doing illegal? Continue reading

Sheep (and ranchers) Find No Home on the Range

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Seth Victor

From the tone of the NY Times article, John Bartmann doesn’t sound like a bad man. Though some readers might demonize him because he is involved in animal farming, this isn’t the CEO of a major industrial producer, and it would be inaccurate to lump him in under the same heading. I expect Mr. Bartmann knows a thing or two about sheep husbandry, and likely has his own grievances with the CAFO industry. Still, his plight is indicative of the complicated issues surrounding modern farming, and is not free from critique. The decline of the modern rancher, especially in the drought of 2012, highlights many of the problems with food in the United States, through both animal and environmental perspectives. Continue reading

Why International Trade is not Dolphin Safe

Seth Victor

You may have your own opinions about the World Trade Organization (WTO), whether positive or negative. Regardless, the WTO wields influence over imports and exports worldwide. As we have discussed at length on this blawg, animals are commodities, and thus the policies of the WTO are important when considering animal rights.Dolphins in Net

Over the last several months the WTO has taken issue with dolphin-safe tuna. To summarize what is a long and involved debate, since 1990 the United States has provided labels specifying whether dolphins were killed (though “harmed” isn’t covered) through the harvesting of tuna to be sold in the U.S. market under the Dolphin Protection Consumer Information Act (originally the labels really meant that purse seine nets, the type that often harm dolphins, weren’t used). Mexico, via a complaint to the WTO, claimed that these dolphin safety measures unfairly impeded Mexico’s tuna trade. The WTO agreed, and ruled that the dolphin-safe labels are “unnecessarily restrictive on trade.”  This ruling comes out of one of the core principles of the WTO’s policy of non-discrimination. Under the doctrine of “the most favoured nation” all WTO countries must extend to each other the same trade advantages as the most prefered trading nation would receive. National equality also states that foreign traders must be treated the same way as domestic traders. When you consider the long history of violence and discrimination associated with international trade, including the United States’s own origins, this is sound policy. Yet as always, the devil is in the application.

Continue reading

Warning! Animals Were Harmed During The Making of This Movie

Ally Bernstein

Now wouldn’t that be nice. The truth, for once. But no, the disclaimer, “No animals were harmed during the filming of this movie” will roll right across the 60 foot movie theater screen as the new film, “The Hobbit”, reels right along this December. In an article published last week, the American Humane Association claimed that “no animals were harmed during the actual filming.” While it might be true that no animals were harmed during the filming, it is not true that no animals were filmed during the making of “The Hobbit”.  In fact, 27 animals died unnecessary deaths due to the horrendous housing conditions they were kept in for use in the film. Continue reading

Turkey Pardons (again)

David Cassuto

In what has become a (quasi) Thanksgiving tradition, I offer these thoughts that I first penned back in 2008, when the blog was new.   

Much has been said about the ritual of Thanksgiving and its accompanying slaughter of hundreds of millions of defenseless birds, most of who lived short lives of unrelenting and abject misery.  I have little to add to what’s already out there except my own indignation and sorrow.

But I do have something to say about the Thanksgiving ritual, particularly the embedded legal contradiction in the practice (discussed by Luis below) of pardoning turkeys.  To pardon means “to release (a person) from further punishment for a crime.”  At Thanksgiving, however, the concept of the pardon gets up-ended.  The turkeys supposedly petitioning for clemency have committed no wrong.  Their lives consist of brutal mistreatment with slaughter soon to follow (the latter, I might add, will occur devoid of any of the protections of the Humane Methods of Slaughter Act since under Department of Agriculture regulations, birds are not “animals” and thus not legally entitled to a merciful death).  If anything, egregious crimes have been wrought upon these birds.  Yet, every year, one or two are selected at random and “pardoned.”  This ritual amounts to transferring the guilt of the perpetrators on to the victims and then forgiving a token few of them in a bizarre act of self-absolution by proxy. Continue reading

Talking Ethics and Factory Farming

David Cassuto

Great symposium at South Texas College of Law last week on animal law and ethics.  Many thanks to Professor Fran Ortiz for putting it together.  Here’s the full lineup and, if you want to stream my lecture, you can click below (although I don’t know how long the link will be live).

Cassuto: Environment, Ethics & the Factory Farm

Hurricane Sandy Affected Animals Too

Eliza Boggia

Superstorm, Frankenstorm, Halloween Ruiner. Regardless of its nickname, Hurricane Sandy ravaged much of the east coast, causing severe, and in some places, irreversible damage.  However, people were not the only ones put in grave danger by this storm.  While many of New York City’s weak swimmer rats drowned, many domestic pets were also displaced from their homes.

There is some good news. New York City has rallied around protecting the lives its domesticated animals. According to USA Today, all of the shelters in New York City accepted refugee pets, which legally they are not required to do. The efforts being made are a grim reminder of the results after Hurricane Katrina in 2005, which left approximately 250,000 pets homeless. It is unknown just how many animals were killed or subsequently died of dehydration/starvation in wake of Katrina.  To avoid a repeat of this type of tragedy, city hotels that are usually not animal-friendly have waived restrictions and allowed pets to stay during the disaster. It remains unknown whether they were entitled to room service.

There were a few voices supporting animal rights and the importance of a safe haven during and after the storm. Tim Rickey of the ASPCA says, “”If your home isn’t safe for you, it’s not safe for your pet. Once you evacuate you never know when you will be back.”  Furthermore, ASPCA at large is helping out in three major ways—by distributing pet supplies at several key points, providing veterinary care, and rescuing animals who were left behind. To donate to ASPCA’s Sandy relief efforts, visit here. Continue reading

North Dakota Votes Against Animals

Seth Victor

In what must be a move of Dakotan solidarity, the people of North Dakota voted last week against Proposition 5, which would have  made it a class C felony, punishable by incarceration, “to maliciously and intentionally harm a living dog, cat or horse.” There would have been the typical exceptions for veterinarians, hunters, scientists, and, of course, agriculture workers. This is a measure aimed at domestic pets, which would have enforced against instances akin to Michael Vick’s dog torture. Nevertheless, 65.4% of voters opted to have North Dakota remain with South Dakota as the only two states in the nation without animal cruelty felonies.

Interestingly, this comes in the same election when three states approved same-sex marriage, a measure in nearby Minnesota to outlaw same-sex marriage was voted down, and recreational marijuana was legalized in two states. Additionally, within North Dakota, voters opted to ban indoor smoking in the workplace by a 2-1 majority, but also voted 2-1 for a measure that bans any law that would abridge farmers and ranchers from employing their own industry practices. It seems that while we as a nation are in a piecemeal fashion expanding the liberties of our own species, animals are clearly still an “other” that do not receive the same considerations. The vote on the smoking measure in a state that is traditionally wary of government intervention shows that individuals do not have an absolute right to do what they want to the detriment of others, but efforts to extend that same logic to establish animals as something more than property remain trapped in our legal schizophrenia. I can grasp the reasoning behind the farmed animal vote; established industry, I expect, advertised, lobbied, and campaigned more effectively to keep the status quo. Why anyone in 2012 would want to keep torture to companion animals punishable only by a slap on the wrist, however, is beyond me.

NYC Legislation Passed: Restrictions on Tethering & Increased Dog License Fees

Matthew Paul

Local Law Amendment Int. No. 328-A and Int. No. 425-A where both passed into law on March 9th, 2012.  Int. No 328-A: Increase in NYC Dog License Fee dictates that the dog licensing fees within the confines of New York City will be boosted increased from $11.50 to $34.  The additional fees will be transferred to the New York City Animal Population Control Fund, where the money will be used to alleviate the costs associated with spaying and neutering.  While, Int. No. 425-A: Tethering Dogs changes the tethering laws by implementing a ban on tethering animals outside for more than three hours per day.  The reasons sited for catalyzing the law include the aggressive behavior, depression, and anxiousness many dogs exhibit as an effect of long sessions of tethering. Continue reading

Ag-Gag Laws: Terrorists, Extreme Vegetarians, Crazy Vegans and Our Right to Freedom of Expression

Ally Bernstein

 Terrorists, extreme vegetarians, crazy vegans… is that what they are calling us now? That is certainly what Senator David Hinkins, the Sponsor of Utah’s bill H.B. 187 that prohibits trespassing, photographing, or filming at agriculture operations said about the people opposing the bill. In defense of the bill, he argues the bill is aimed at “the vegetarian people” and “crazy vegans” who “are trying to kill the animal industry” referring to animal welfarists and those concerned with dredging out the truth about the agriculture industry as “terrorists.”

Sorry Senator Hinkins, but I don’t think that is what us “vegetarian people” are doing. Last time I checked, the vegetarian, vegan, and animal welfare movements were hinged on notions and principles such as cruelty free, environmentally friendly, and a reduction of harm and suffering for all species. The advancement of our movement has never been achieved by terrorist tactics such as fear inducing threats, punishment for exposing the truth, and suppressing people’s rights. It is a far stretch of the imagination to compare the animal welfare movement to a terrorist movement considering our mission is to end the suffering of species beyond our own. Continue reading

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