Polar Bears — The New Canary

David Cassuto

Long ago, miners used canaries to measure the build up of toxic gases in the mines where they were working.  If the canary died, it was time to head out because the air was dangerous.  We don’t use canaries in mines anymore.  Now we use polar bears in the Arctic.  The threat to the bear serves as a monitoring mechanism of sorts for the global threat from carbon emissions in the atmosphere.

As you may recall, the impending demise of polar bears due to habitat destruction attributed to global warming generated some hooha not too long ago.  W’s Interior Secretary, Dirk Kempthorne, hemmed and hawed for as long as possible before finally declaring the bear a “threatened” species under the Endangered Species Act.  That designation would normally require federal action to address the cause (global warming) of the bear’s habitat.  However, the Bushies propounded a rule – later embraced by the Obama Administration, excluding carbon emissions from regulation under the ESA.  That made the bear’s victory (such as it was) pyrrhic at best.  Nonetheless, in the heady optimism of the time, many (including me) felt that it was perhaps better to wait for a statute explicitly aimed at mitigating national emissions rather than to use the blunt instrument of the ESA to accomplish a very complex regulatory act.

Where Are Our Wild Horses?

Gillian Lyons

 When contemplating American Icons, mustangs inevitably come to mind.  In fact, in the Wild Free-Roaming Horses and Burros Act, Congress stated that wild free-roaming horses are living symbols of the historic and pioneer spirit of the West, which contribute to the diversity of life forms within the Nation and enrich the lives of the American people. Unfortunately, the Bureau of Land Management is currently removing, via controlled round-ups, this symbol of the American spirit from their habitats throughout the western United States. Two such round-ups currently in the news are occurring in Colorado and Wyoming (a round-up that aims to remove 2,000 horses from rangelands).  After these round-ups, BLM plans to either auction captured horses or to house them in government owned corrals.

 According to the Bureau of Land Management’s Director, Bob Abbey, the reason for these round-ups is that the Western rangeland is currently home to 38,400 free-roaming population horses and burros, which exceeds by nearly 12,000 the number of horses and burros that the BLM has determined can exist in balance with other public rangeland resources and uses.  Animal welfare organizations, however, disagree with these calculations and policies, and claimed in a unified letter signed by 120 organizations that:

Obama and the Endangered Species Act

Gillian Lyons

During his campaign, Obama’s campaign spokesman noted that,  “as president, Senator Obama will fight to maintain the strong protections of the Endangered Species Act.”  Just a few months after taking office, this statement rang true, when the Obama administration reversed the Bush administration’s eleventh-hour regulation which circumvented Endangered Species Act mandates by allowing federal agencies to make their own determination as to whether their projects would harm endangered species, without having to consult with the Fish and Wildlife Service or the National Marine Fisheries Service.  According to Carl Pope, former executive director of the Sierra Club, this move by the Obama administration brought science back into the Endangered Species decision-making process, and numerous environmental groups hailed the move as a major protective step for threatened species.  

A Battle Won, Perhaps

Gillian Lyons

Following up on last week’s post, on Monday, September 27^th Jon Kyl (R-AZ), Jeff Merkley (D-OR), and Richard Burr (R-NC) introduced legislation, an amendment to H.R. 5566, which will prohibit the sale of crush videos, meaning any film, video, or recording that depicts live animals being crushed, drowned, suffocated or impaled in a manner that would violate a criminal prohibition under Federal or State law. The good news is that a day later, on September 28^th, this legislation was met with unanimous approval by the entire Senate.  While the legislation will now need to be reapproved by the House (which is very likely, due to the original H.R. 5566’s 416 Ayes to 3 Nays), this is a big step in infusing strength back into 18 U.S.C. § 48 after the Supreme Court’s decision in United States v. Stevens. 

Dietary Guidelines — The Politics of Health

David Cassuto

From the Cynicism Desk:

The USDA is preparing to unveil  its most recent revision of its much maligned dietary guidelines.  Come December, we’ll see to what new levels of obfuscation and avoidance the good folks at USDA can aspire.  The lobbying is already ferocious.  According to the WaPo:

In public comments, the meat lobby has opposed strict warnings on sodium that could cast a negative light on lunch meats. The milk lobby has expressed concerns about warnings to cut back on added sugars, lest chocolate- and strawberry-flavored milks fall from favor. Several members of the Massachusetts congressional delegation also weighed in against added-sugar restrictions in defense of the cranberry.

Of course, amid all this self-interested carrying-on it’s hard to place the blame for the ever more incoherent guidelines solely on the Agency.  Elected officials are terrified of demanding anything that might be considered anti-meat or processed food.  Indeed, George McGovern arguably lost his job (as a senator) for recommending that Americans consume less red meat.  His comments generated a mad frenzy within in the cattle industry and he lost his seat in 1980 (he represented South Dakota). Traumatized by McGovernGate, the guidelines set what at the time was the gold standard for doublespeak by recommending that we eat “meat, poultry and fish that will reduce saturated-fat intake.”  

Fries, Beer, and the IUCN Colloquium

David Cassuto

Belgium is pretty cool.  Ghent is an absolutely beautiful city, filled with the kind of stunning architecture that one might expect to see in European cities better known for their visual splendor.  And did you know that Ghent was the second-largest city in Europe (behind Paris) for quite a while, quite a while back?  Just up the road is Bruges – a medieval city that was a bustling center of commerce until its harbor silted up 400 or so years ago.  As a result, it still looks much as it did then.  And back then, it looked mighty good.

Let’s see… what else?  The pommes frites – to which I had been looking forward with almost maniacal glee – were not all that.  In my experience (admittedly limited to Ghent), one can do much better on St. Mark’s Place in NYC.

The beer, however.  Oh, the beer.  Oh, it’s good.  It’s good beer.

Legal Protections for Great Apes (or Lack Thereof)

Gillian Lyons

Last week, without much ado (at least from American news sources), the European Union passed a series of directives aimed at reducing the number of animals used in laboratory experiments (for BBC News’ perspective, click here).  Included in those directives was a mandate ending the use of great apes in scientific research, once again showing the EU has one-upped the United States in terms of laws promoting animal welfare.            

Brasilia and Now Ghent (Belgium) — Still Talking Climate Change & Agriculture

David Cassuto

So here I am on a plane again – this time to Belgium on my way to the Colloquium of the IUCN Academy of Environmental Law, which is taking place in Ghent.  I’m back in steerage this time; no business class for our hero.  I swore I would never go back but here I am.

Amidst all the hubbub, I need to recap my time in Brasilia even as I head for Europe.  Brasilia was a very interesting time and I once more want to reiterate my gratitude to the U.S. State Department for making my time in Brazil so rich and rewarding and for taking such good care of me.  This was my first time in Brazil’s capital and I enjoyed it – from the stunning architecture to the fact that the city is laid out like an airplane.  In addition to speaking at private university (entirely successful and well-attended), I lectured also to a government think tank called IPEA.  There, I encountered probing questions from a very informed audience.  When I mentioned the idea of treating meat consumption as a luxury for purposes of regulating and taxing carbon emissions, one of my hosts asked what I thought of the idea of a “meat cap.”  Not only is it an intriguing notion about which I need to think more, but so much do I love the term that even if it were a completely wacky idea, I would probably support it anyway.                   

The Dirty South? No; More Like Dirty Cleanup Efforts

Douglas Doneson

Early May…

With law school final exams a few days away, keeping up with current events was the last thing on my mind. But this past May, the BP oil spill was literally all over the place. Prior to transplanting to New Orleans for my summer internship, I applied to every volunteer site I could to help clean up oil covered wildlife, restore beaches, and clean the marshes. I expected to be busy every weekend cleaning oil-covered birds and being a part of an all-hand-on-deck effort. In reality, the HAZMAT training, BP certification, and paraprofessional experience kept many potential volunteers away.  I did follow through however, and after completing the HAZMAT training and BP certification online (where I answered 3 or 4 questions about putting on gloves correctly and whether I knew what to do if I became dehydrated), I applied for the more demanding and risky volunteer positions such as handling and cleaning oil covered wildlife.  As a former veterinary technician and zoo keeper I had paraprofessional training too. To my surprise, very few of my emails or phone calls were returned.             

Part 2 of the Brazilian Odyssey

David Cassuto

I flew Business Class on the way home.  Business Class is better than coach.  In fact, I’m seriously considering renaming my child Business Class.  I’ve also written several epic poems and elegies to Business Class and am thinking about getting a tattoo.

But I digress.

I’m back in the U.S. after a truly rich and useful swing through the Brazilian cities of Porto Alegre, Curitiba and Brasilia.  My thanks go out to the United States Department of State, particularly the good people in the consulate in Sao Paulo and the embassy in Brasilia for making my time so valuable and pleasant.  In each city I spoke about industrial agriculture and climate change (my lecture drew on the policy paper I recently wrote for the Animals and Society Institute).  I also gave several interviews for the press.  Both the reporters and the audiences met me where I was – engaging both the environmental issues and the animal ethics.  The Q&A sessions were routinely excellent.

Porto Alegre is the home of the Federal University of Rio Grande do Sul (URGS), where I have spoken several times over the years and whose law school has a long friendship with Pace. Professor Fabio Morosini was my host.  He comes at these issues via international law and his perspective and insights were enormously useful.  He’s also a terrifically nice guy.  The law school hosted a roundtable for students, faculty and interested members of the community prior to my lecture where we discussed climate change in the larger context as well as the role of meat consumption and industrial agriculture.  Both there and in the discussion following my lecture, we wrestled with the issue of national responsibility and collective action.  Given the U.S.’ status as one of the largest carbon emitters, the founder of factory-farming and voracious consumer of meat, it is always a challenge to go to other countries and discuss the idea of shared sacrifice and vigilance about industrial agriculture.  But even as one must accept and acknowledge the historic and continuing role of U.S. policies and consumption patterns, it is also important to acknowledge that this is an international dilemma requiring collective action at both the domestic and international levels.                

Salvador in Hindsight

David Cassuto

The Brazilian tour has been and continues to be a whirlwind.  Here’s a first installment of updates, live from Brasilia but a few days behind in terms of news.  More soon.

As Liz & Gloribelle’s posts make clear, the Salvador Conference was fab-o.  I felt and feel very lucky to have had the opportunity to hear and exchange ideas with such terrific scholars and activists.  Furthermore, I am delighted to report that animal advocacy is a real and growing movement in Brazil.  The area outside the auditorium where we gathered was filled daily with activists involved in outreach as well as people selling vegan food and wares.  In addition, several of us were interviewed by a Brazilian filmmaker for a documentary she is making about animal rights.

Some Preliminary Steps Toward Regulating Nonpoint Source Pollution

David Cassuto

At long last, EPA is taking steps (or beginning to take them) toward addressing nonpoint source pollution of the nation’s waters.  Nonpoint sources are pretty much all those pollution sources that cannot be traced to the end of a pipe.  The Clean Water Act is far less concerned with nonpoint sources than with point sources, a historical exclusion that has much to do with the fact that when the Clean Water Act was enacted, point sources were low-hanging fruit from a regulatory perspective, and were also the primary polluter of the nation’s waters.  The CWA has done a great deal to decrease point source pollution and the nation’s waters fare much the better for it.  However, over the last 4 decades, nonpoint source pollution has greatly increased in the absence of meaningful regulatory oversight.             

Powerful Final Day at the Second World Conference on Bioethics and Animal Rights

Elizabeth Bennett

The last day of the Second World Conference on Bioethics and Animal Rights began with a heartfelt lecture by conference organizer Heron Santana on climate change and animal rights. Professor Santana spoke about the fact that citizens of Brazil are beginning to eat more meat and the country exports an increasing amount of live animals, as they used to do with slaves.

He also discussed the health risks associated with eating meat and our ability to decrease meat production by decreasing consumption.  He explained that there is a wall of prejudice against other species that we must break down in order to abolish animal slavery.  Professor Santana concluded by stressing the importance of speaking out for animals and making changes in our daily lives to work toward an end to these violations against nonhuman animals.   

Live From the Second World Conference on Bioethics and Animal Rights in Brazil

Elizabeth Bennett

DAY 1 Ola from the Second World Conference on Bioethics and Animal Rights.  First, I would like to say that I am very thankful that Pace Law School and the Center for Environmental Legal Studies provided me with the opportunity to attend this prestigious and world-renowned conference and for all of the conference organizers’ hard work and hospitality.  As the presentations I have attended thus far have been informative and thought-provoking for me, I will do my best to share my experience with you.

Upon arrival, a symphony was playing.  After introductions and honorariums, Professor David Cassuto of Pace Law School and Director of the Brazil-American Institute for Law and Environment (BAILE) spoke about current trends in environmental law and the animal world.  He discussed the intersection of animal and environmental law and how they often clash, despite the many common grounds upon which they merge.  He went on to discuss the legal framework for protecting animals, distinguishing between animal welfarists and animal rights activists, stating that animal welfarists wish for stronger laws, while animal rights activists believe that humans should not use animals at all.  He also pointed out that in the United States legal system, animals are property and the laws concerning animals regulate relationships between humans about animals.  He made an interesting comparison between the appropriateness of humans making laws on behalf of nonhuman animals and politicians enacting laws on our behalf without truly knowing us, what we desire, or how we would like to be protected.  This comparison comes as an interesting response to doubts about human ability and right to make laws about non-human animals when they do not completely understand what animals want or need.

Professor Cassuto also discussed whether animals can be considered “persons” under the law and how this would change the way we protect them.  This served as a great opening to the Conference, as many of the presentations that followed addressed these questions and dealt with similar issues.

The Nuge is a Poacher

David Cassuto

Ted Nugent gets a real charge out of senseless violence against animals.  This is not news.  One need only tune in to his TV show to learn about his love of killing.  What is news is that Nugent broke the law while filming said show.  He killed underage deer using bait, both of which are illegal in California, where the show is filmed.  He was brought up on 11 charges and pled no contest to 2 in a plea deal.   

Help Wanted: HSUS Animal Law Litigator

David Cassuto

Hey you litigators, here’s a good looking  job:

JOB OPPORTUNITY
The Humane Society of the United States (HSUS) seeks an attorney with at least one year of relevant legal experience for a Staff Attorney position within the Animal Protection Litigation Section in our Washington, DC office.
The Animal Protection Litigation Section at The HSUS conducts precedent-setting legal campaigns on behalf of animals in state and federal courts around the country, and also serves as the primary line of defense against legal attacks on legislative measures designed to protect animals from cruelty and abuse. With a team of over a dozen in-house litigators, numerous outside attorneys, and a docket of more than forty active cases, the Animal Protection Litigation Section oversees the largest litigation program dedicated to ensuring the humane treatment of animals in the country. More information is available at www.humanesociety.org/about/departments/litigation/.

General Description: The Staff Attorney will work with some of the nation’s leading animal protection lawyers on all aspects of the organization’s animal protection litigation efforts. The Staff Attorney will serve as lead and co-counsel in a variety of state and federal court actions, primarily including actions to protect threatened and endangered species, marine mammals, migratory birds, and other wildlife, and also actions to improve the treatment of captive animals such as those used in traveling shows and other exhibitions, animal fighting ventures, medical research and other experimentation, puppy mills, and factory farms.  

Brazil Anew– The Animal Law Tour

David Cassuto

Our hero heads back to Brazil next week.  First I’ll speak at the International Animal Law Conference in Salvador.   The conference also features a student forum where, I’m delighted to report, Pace 3L, Elizabeth Bennett, will present a paper on factory farming.         

Research Hunts & Conservation Hunts: New Ways to Fetishize Wolf Slaughter

David Cassuto

Not too long ago, I blogged about the duplicity of Japan’s “research” hunting of whales.  The practice is little more than a disingenuous attempt to circumvent the global ban on whale killing by pretending the slaughter has some scientific purpose.  I called on the rest of the world to repudiate such tactics and to hold them up to public scrutiny and scorn.

Then, a few weeks ago, a federal judge in the U.S.  ruled that gray wolf hunts in the Northern Rockies violated the Endangered Species Act.  Guess what then happened:  U.S. wildlife officials proposed a “research hunt” to kill the wolves. Apparently, their idea was that it was okay to kill listed species as long as you claimed a scientific reason for doing so.  You know, just like they do in Japan with the whales.

Cassuto: The Podcast

The Self-Promotion Desk is back on the job.  Our hero is featured on this week’s podcast from the wonderful folks over at Our Hen House!   We discuss all kinds of cool stuff — from Brazil to the friction between enviro and animal advocates, to teaching animal law.   Get it, download, it, tell all your friends.

A New & Welcome Chapter in the Wolf Saga

David Cassuto

I’ve blogged a fair bit about the ill-advised delisting of gray wolves as endangered species in the northern Rockies, as well as about the lawsuit that followed.  When last we left the story, the district court had denied a preliminary injunction that would have stopped the wolf hunts that subsequently took place in Montana and Idaho.  The judge did indicate, though, that the plaintiffs had a strong chance of prevailing on the merits (the standard for a preliminary injunction is formidably high, as discussed here).              

EPA Region 2 — Taking It To the CAFOs

David Cassuto

The news release speaks for itself:

Region 2 Issues a Class II Administrative Complaint to a Concentrated Animal Feeding Operation for Illegal Discharges and Numerous Permit Violations On July 15, 2010, Region 2 issued an Administrative Complaint against Wilkins Dairy Farm, LLC (“Respondent”) for several violations of the Clean Water Act and the regulations governing the operation of concentrated animal feeding operations (“CAFOs”).  The Respondent owns and operates a CAFO that confines approximately 287 mature dairy cows and 125 heifers and heifer calves.  On April 20, 2010, EPA conducted a Compliance Evaluation Inspection of the facility, and observed numerous violations of the Clean Water Act and its

New Book: THE ANIMAL, WITHIN THE SPHERE OF HUMANS’ NEEDS

David Cassuto

Cool new book (including a piece by our hero) coming out of the cool international animal law conference held in Montreal last year.

THE ANIMAL, WITHIN THE SPHERE OF HUMANS’ NEEDS

edited by Martine Lachance, International Research Group in Animal Law (GRIDA)

More than one year after the Montreal’s first international animal law conference, it is with great pleasure that the International Research Group in Animal Law (GRIDA) informs you of the recent publication of the conference proceedings The Animal Within the Sphere of Human’s Needs.

The bilingual book, which includes texts from the conference, can now be ordered.

5 ways to order
1. Phone: 1-800-363-3047
2. Fax: 450-263-9256
3. Orders by mail: P.O. Box 180, Cowansville (Québec) J2K 3H6
4. Email: editionsyvonblais.commandes@thomsonreuters.com
5. Web: www.editionsyvonblais.com

The table of contents follows below:

Groovebar Job Opening

David Cassuto

So, if you were looking for a pretty darn cool job, this one might be it.

Director of International Conservation

Location: Washington, D.C.
Supervisor: Senior Vice President for Conservation Programs

Position Description

This management position requires substantial knowledge of international wildlife conservation policy and practice, including marine wildlife conservation; experience in the negotiation and implementation of international agreements; and the ability to direct, manage, and coordinate diverse staff working in the U.S. and internationally.  The position serves as Defenders’ institutional lead on international conservation policy and programs.  The incumbent works with the Senior Vice President for Conservation Programs, International Conservation program staff and other staff members to identify policy goals and set program priorities relating to the conservation of wildlife outside of the United States, and the conservation of marine wildlife in the U.S. and globally.  The incumbent bears primary responsibility for the strategic development of Defenders’ international conservation work and provides programmatic direction and administrative oversight for Defenders’ International Conservation program.

Essential Duties and Responsibilities

U of Maryland Clinic Wins Important Procedural Victory in Lawsuit Against Perdue

David Cassuto

A while back, I blogged on the attempt by members of the Maryland legislature to strip funding for the University of Maryland Environmental Law Clinic because of the clinic’s lawsuit (representing numerous plaintiffs) against Perdue and some local chicken producers.  The suit arose from the chicken operation’s  runoff  (allegedly) befouling the Chesapeake Bay.  Perdue spun the suit as an assault against family farming.  Members of the legislature flew into a tizzy and excoriated the clinic for helping its clients pursue their rights under the Clean Water Act.   Thankfully, rational minds prevailed and the threat to kill the clinic’s funding was itself killed. 

More On the “Us or Them” Canard

David Cassuto

From the Interesting Summer Reading Desk comes this piece on the persistent and ongoing failure of predator eradication as a management tool and on the continued use and advocacy of said failed method throughout the country.  Here, with a hat tip to HumaneSpot.org, is the abstract for “Us or Them” from Conservation Magazine:

The Carp Marches Ever Northward

David Cassuto

The Asian Carp continues its long march to the Great Lakes.  An invasive species that can reach 4 feet long and 100 lbs and consume up to 40% of its bodyweight daily, the carp will wreak havoc on the lakes’ ecosystem if and when it reaches there.  Currently, it’s in both the Mississippi and Illinois rivers and travelling northward.

This situation is generating both panic and inertia.  On the one hand are those who advocate severing all access points between the Mississippi basin and the lakes — arguing that the disastrous consequences of the carp’s reaching the lakes merit the drastic measures.  On the other are those who say that doing so would destroy jobs without guaranteeing that the carp will be prevented from reaching the lake.  It bears noting that the most recent carp find was only 6 miles from Lake Michigan.  This means that the fish may well have already reached the lake and that the parties could be arguing about whether to lock the door behind the intruder.  

The Whale Killing Compromise Founders

David Cassuto

The perseverating continues about whether to `compromise´and allow some whaling in exchange for countries like Iceland, Norway and Japan agreeing to slaughter fewer whales in fewer places.  Even some major environmental organizations, including Greenpeace and the World Wildlife Fund, have signed on.  As Stephanie Ernst  points out, there is a dangerous ethical compromise in acquiescing to the killing of some in exchange for the survival of others.    

Help Wanted: Herpetofauna Attorney

David Cassuto

Are you a herpetofauna attorney?  Do you want to be?  Do you know anyone who is?  Or, like me, do you just like saying “herpetofauna attorney?”  In any case, you may be interested in the job listing below with the Center for Biological Diversity. 

Teaching Animal Law in Brazil

David Cassuto

Our hero´s dance card is looking pretty full.  I will be teaching a short course on animal law here at FGV Direito Rio next week.  Tell all your friends. 

 Before I do that, however, I will go to Salvador tomorrow to spend a few days talking about animal and environmental law with the good people at the Federal University of Bahia — the same folks who are hosting an international conference on bioethics and animal rights this summer.

Christopher Stone on Nonhuman Legal Standing

David Cassuto

Christopher Stone, author of the seminal 1972 law review article, Should Trees Have Standing,  takes on the issue of standing for nonhuman animals.  Stone writes with characteristic eloquence about something that — while it may sound legally arcane – could well be the single most important issue in animal law today.

Pombo Relegated to the Ashheap of History

David Cassuto

Richard Pombo lost the  Republican primary for Congress in California´s Central Valley.  This is good news for animals everywhere.  During his 14 years in Congress (representing another district, which he lost in 2006), Pombo was an unmitigated disaster (not just for animals but for all things environmental).  During his chairmanship of the House Natural Resources Committee, Pombo blocked all kinds of wildlife protection, supported subsidies for the fur industry and advocated for the resumption of the ivory trade (more on the Pombo Hall of Shame here).   His campaign platform centered on the fact that if he were elected and the Republicans regained control of the House, his seniority would make him Chairman once more.   

The Brown Pelican — Another Gulf Casualty

David Cassuto

Pesticides nearly wiped out the brown pelican during the 1960s.  With great care and lots of luck, the species recovered from the brink of extinction.  Now, thanks to BP and our national petroleum addiction, it’s back.

Grizzly Bears, Moose, and Other Terrorist Enablers

David Cassuto

Apparently, those darn grizzly bears are putting our nation at risk.  Noting darkly that “the threat from the north is real,” a group of Republican lawmakers are concerned that grizzlies and other transboundary species are interfering with the Department of Homeland Security’s ability to protect the motherland.

I’m glad these folks had the courage to raise this sensitive issue.  Emboldened by their audacity, I too am ready to come forward.    

Come 2011, Some More Regulation for CAFOs

David Cassuto

From the Correcting Inane Regulations Desk:

One could say that EPA has regulated CAFOs under the Clean Water Act for years.  Big Ag operations are required to obtain NPDES (National Pollutant Discharge Elimination System) permits for their discharges and consequently, the Agency has monitored such discharges and protected the public from the environmental hazards these operations create.  Of course, if one said all that, one would be wrong

That´s how the story might read if we lived in a rational world.  Instead, Industrial Ag operations can claim — without having to provide verification — that its facilities do not discharge into the waters of the U.S.  Consequently, many CAFOs do not obtain permits, which means their discharges are not regulated.   

Radioactive Fish

David Cassuto

There have been a number of developments on the agriculture front that I want to discuss but that will have to wait until things settle down around here at least a little bit.  In the meantime, here´s an interesting tidbit from today´s WaPo. 

Apparently, fish in the Connecticut river, in the New Hampshire/Vermont region, are testing positive for strontium-90 — a very dangerous radioactive isotope (it causes bone cancer and leukemia).  Some believe that the contamination comes from the Vermont Yankee nuclear plant, which is in the midst of cleaning up its most recent tritium, cesium-137, zinc-65, and cobalt-60 leak.  Others say that it can´t be from Vermont Yankee and is most likely residual buildup from Chernobyl.  Or maybe Indian Point.         

Cute Frogs and the Death of Nature (But Certainly Not the Oil Spill…)

David Cassuto

This post is not about the oil spill in the gulf.  It´s not about the hideous and incalculable damage to fragile coastal wetlands, marine life, and shore birds, or the other collateral damage from this petroleum-based nightmare.  It´s not about the lack of a viable disaster plan or the continued national unwillingness to connect this spill with unsustainable consumption levels.  Nor is it about BP´s ongoing denial of the seriousness of the spill or the Obama Administration´s tepid public response coupled with inadequate laws and a dysfunctional system of oversight.  

Talking Animals, Climate Change and Agriculture in Sao Paulo

David Cassuto

Today, I gave a talk on industrial agriculture and climate change at the Planeta Verde Conference, the largest environmental law conference in South America and maybe the world.  Instituto O Direito Por Um Planeta Verde (Law for a Green Planet Institute) is a Brazilian NGO founded (I believe) by Antonio Benjamin, a major figure in Brazilian environmental law.  Benjamin is now a Justice on the Brazilian Superior Court of Justice (this court has no direct analogue in the U.S.; it resides somewhere between the courts of appeals  and the Supreme Court).  He also manages to be a professor at several law schools both in Brazil and Texas.

I have a few things to report.  First, on a personal note, I currently dwell in a limbic space between 3 languages.  My Portuguese is improving but still not fully conversational while my Spanish suffers from its proximity to Portuguese.  This leaves me unable to speak either one.  Meanwhile, my English worsens by the day.  The upshot: I spent much of today and yesterday stammering in no recognizable language, but with a New York accent.          

Some Comings and Goings

David Cassuto

Our hero has been doing a lot of speaking lately.  I gave a talk in Belem (in the north of Brazil) a few weeks ago, in Rio at the Attorney General’s Office last week, and I’m in Sao Paulo right now getting ready to talk at the Lawyers for a Green Planet Conference tomorrow morning (in a few short hours).  All of these lectures have dealt with environmental law and all have at least touched on animal law (some more directly than others).  More on all of these in later posts.  In the meanwhile, let this serve as a placeholder until I can carve out some time.

Does One Compromise Over Whale Slaughter?

David Cassuto

The hoo-ha is growing over the recent proposal by the International Whaling Commission (IWC) to lift the existing outright ban on whaling in exchange for the scofflaw nations (Japan, Norway & Iceland) ceasing  “scientific whaling” (in the case of Japan) and getting to kill more of some different kinds of whales (in the case of Norway & Iceland).   Scientific whaling is simply the slaughter of whales under the guise of research.  It’s a loophole in the IWC ban that insults the intelligence of anyone who believes that words (like science) ought to have meaning.   Last year, of the 1700 whales killed by the 3 whale-killing countries, roughly half were killed by Japan in the name of “science.”  Even the Japanese recognize the silliness of this approach.  

Missouri Court of Appeals Keeps Friends Close and CAFOs Closer

David Cassuto

Excellent post here about a recent Missouri Court of Appeals decision eradicating a buffer zone between the historic town of Arrow Rock and a proposed CAFO.  In Missouri, a CAFO need be sited only 3000 feet  from residential areas.  Missouri Attorney General Chris Koster litigated this case furiously on behalf of the factory farms, arguing that the town´s ordinance requiring the facility be further away represented a trend that  ”[i]n the eyes of the agricultural community, [was] starting to spin out of control.”