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

Sheep (and ranchers) Find No Home on the Range

SHEEP-1-popup

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

After a while, crocodiles

CROCODYLUS NILOTICUS

Seth Victor                                                 

Just in case you were worried that a python outbreak wasn’t enough, there’s another top predator in southern Florida. This past fall there have been sightings of Nile crocodiles south of Miami. This presents a bit of a conundrum for wildlife supervisors. You see the Nile crocodile is on international threatened lists, and is disappearing in its native habitat. Because Florida, however, is not its native habitat, and because the state already has to manage with non-native snakes eliminating the mammal population, the U.S. Fish and Wildlife Service has authorized a state shoot-to-kill order. Though there are native crocodiles in Florida, the Nile crocodile is known to be fiercer and more deadly, and is one of the few animals left on the planet that still hunts humans.

While Nile crocodiles haven’t reached the infestation levels of the python, they are potentially more problematic in smaller numbers. FWC officers suspect that the crocodiles may have originated from an illegal captive breeding facility, but it is still unknown exactly from where they are coming, or how many there are.

Again we are faced with the same unresolved questions on how to handle non-native species that can drastically alter a habitat. Do we preserve a threatened species, one of the greatest and most resilient in history, or do we hunt down the crocodiles before they make other animals endangered or extinct? Or do we simply pit the pythons and crocs against each other in a winner-take-all showdown on prime time? Either way, it’s hardly an enviable decision for the FWC.

The Other Greenhouse “Gas”: Cows & Climate Change

Jillian N. Bittner

You drive to the supermarket in your “green” car, checking your back seat before you leave for your re-usable bags– yet you stand on line about to purchase the packaged beef sitting at the bottom of your cart and do not stop to think twice about the environment? – Perhaps you should.

While the environmental legal community emphasizes the desperate need to harness and reduce CO2 emissions as a way to mitigate the current and impending consequences of greenhouse gases on climate change, the community at large has ignored the impact of a greater culprit – CH4, or rather methane gas.  Animal agriculture accounts not only as a source of CO2, or nitrous oxide (N2O; another potent greenhouse gas), but is the number one source of methane gas worldwide – beating out the effects of vehicles and airplanes combined. But why should the environmental and legal communities be more concerned with CH4? According to the EPA, “methane is about 21 times more powerful at warming the atmosphere than CO2 by weight.”

Cows, and the corresponding beef industry, are the largest contributors of methane gas. Cows produce this effect partly through belching and flatulence as a consequence of their digestive systems, which are characteristic of ruminant animals. Yet CAFOs remain unregulated. Continue reading

Environmentalism & Factory Farming

David Cassuto

Good article in GOOD Magazine on environmentalism and industrial agriculture featuring an interview w/me.

EPA Releases Emissions Data on CAFOS — Interpretation to Follow

David Cassuto
Here’s an interesting development: EPA has released data from a national study of emissions from CAFOS  that raise pigs, broiler chickens, cattle, and turkeys.  Of course, we don’t know how interesting it is because the agency has not yet interpreted the data.  If you’re of a number-crunching bent, you can see it all here.

AALS Animal Law Panel

David Cassuto

Ok, there’s much to catch up on and this will be the first post of several.  Let’s start with the AALS Animal Law Section panel held last Saturday in San Francisco.  The conference in general was quite good.  Despite a labor action at the main conference hotel, which caused many sections (including ours) to be moved at the last minute, and despite the session taking place at O-dark thirty (8:30 a.m.) on a Saturday, the session was well-attended by interested folk, many of whom were new to animal law. Continue reading

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