The New York State’s new bill: end of pet sale for good?

Chloe Kim

On February 3, 2020, the New York State Senate’s Domestic Animal Welfare Committee approved the bill (S.4234/A.6298) that has been introduced by Senator Michael Gianaris and Assemblymember Linda Rosenthal. The bill would prohibit retail pet stores and commercial pet shops from selling any dog, cat, or rabbit. It then also would prevent retail pet stores from buying dog, cat, or rabbit from a commercial puppy mill or pet breeders. To this date, California (2017) and Maryland (2018) are only two states that have enacted similar bills. If this bill passes, it will make New York the third state confirming its position against the puppy mill pipeline.

Cruel and inhumane conditions of puppy mills are known to some, but not widely and publicly enough to stop them from continuously exploiting puppies on demand. Commercial dog breeders are not afraid to treating and placing breeding dogs as profitable as possible, which include tiny overcrowded cages, unsanitary and dangerous facilities, little to none veterinary care, and merciless separation between mothers and babies and cage mates. The breeding dogs spend their entire lives in confinement, and they are bred at every possible opportunity, sometimes even when they are sick and exhausted, all for the profit. The puppies are then sold to pet brokers and transported to pet shops and retail stores for sale. These puppy mills, brokers, dealers, transporters, and retail shops complete the puppy mill pipeline, and individual customers who purchase the puppies at retail stores, whether they know or not, fuel the puppy mill pipeline to continue in business. This pet mill pipeline is not just limited to dogs. Daunting realities also exist for cats, as found in kitten mills, where their conditions are no better than those of puppy mills – if not worse. The kittens are placed in crowded wire cages to reduce labor cost for waste clean-up, with almost no veterinary care, and adult cats are repetitively bred until they are too sick to produce; once the breeding cats reach that point of sickness, we do not want to know what happens to them next. The new bill would deter this pipeline operation by prohibiting the selling and buying process between puppy (kitten) mills and retail stores.

Despite tremendous work of organizations, activists, scholars, and legislators to stop the pet mill operation, the results have been shown on only two states so far: California and Maryland. The federal government has also tried to regulate puppy mills but failed to do so successfully. It has been reported that the standard for breeder licenses is inadequate; enforcement power is weak, and penalties are light.

It should also be noted that the general target (including the new bill) of the pet mill bans so far only focuses on the sale of dogs, cats, and rabbits. Although we are generally aware of dogs, cats, and rabbits being somewhat the most popular demands at retail pet stores, we also know that retail pet stores also sell so many other species, which include but not limited to birds, hamsters, ferrets, fish, and turtles; the list goes on. No laws are regulating a sale of other animals, nor are there any laws at least ensuring their condition at retail pet stores. No law yet cares about whether they are well fed and watered. The New York State’s new bill also does not mention anything else about the sale and purchase of pets other than dogs, cats, and rabbits. Retail pet stores could continuously sell and purchase hamsters, birds, gerbils, fish, and frogs, as many as they want, regardless of where and how these animals are bred and treated before they are sold to the customers. There is nothing that can stop retail pet stores to even operate hamster mills on their own, no matter how unethically and inhumanely they do so – as long as they do not buy or sell dogs, cats, and rabbits from commercial breeders and pet mills. How ethical and humane is that? We may rejoice New York’s great news on this bill. It will shut down, or lead to shut down, lots of puppy and kitten mill pipeline in New York pet sale market. It will also encourage retail pet stores to connect with local animal rescue organizations and animal adoption shelters that could help to guide the public towards adopting their companions from shelters, rather than purchasing them. However, the efforts should not stop there. New York is only the third state to ban on retail puppy sale (only if the bill passes), and we have lots of other animals that are still popular in demand without any regulation to ensure their safety. The new bill also does not ban an individual from purchasing dogs, cats, and rabbits from commercial breeders and mills directly. A small improvement should not blindfold us; the factories are still up and running unless we stop them all for good. 

Animal Mistreatment Causes Environmental Damage

Gabriela Tavarez

Pollution impacts animals just as much as it affects humans.  Human activity (factory farming, waste disposal, etc.) impacts wildlife’s habitat.  In addition, erratic and long-lasting wildfires in California have caused over a billion animals to die.  According to the National Audubon Society, even though pollution affects humans, it severely impacts birds since birds spend more time in the open air as opposed to humans.  Birds become vulnerable to catching diseases when they inhale the air.  Nonetheless, pollution affects aquatic animals when waste is disposed into waterways.  Specifically, water pollution infects the water, along with aquatic animals, which can ultimately be toxic for human consumption.

Furthermore, human activity such as factory farming lead to devastating environmental effects.  Factory farming focuses on increasing productivity and economic efficiency.  As a result, farmers are exempted from animal welfare regulation.  Such devastating effects include the deterioration of topsoil and water quality and quantity.  Meanwhile, factory animals such as pigs and cattle are confined to small spaces where they are prevented from roaming free.  Also, factory animals are forced to undergo unnatural diets.  For example, cattle are fed corn due to its low cost, in order for them to grow faster.  However, their stomachs were not designed to digest corn, so they are given antibiotics to prevent illnesses when they eat corn.  Also, factory farming releases carbon dioxide (greenhouse gases) into the atmosphere.  Particularly, livestock releases methane, which increases temperature. 

Additionally, the quality and quantity of water is dwindling as factory farming increases production.  Factory farming removes trees to create more space to raise livestock and removes other natural wildlife from their habitat.  Factory farms also demolish topsoil.  Humans rely on soil to provide nutrients for food, but factory farms dilute the soil since farmers clear the fields in order to grow crops.  Specifically, they clear fields to grow corn and soy to feed their cattle.  Many animal activists call for stricter regulations on factory farming to decrease production.  This can reduce pollution and its harmful effects on animals.  However, that is not without opposition.  Factory farmers call for minimal regulation since prohibition would lessen economic efficiency and increase the cost in meat production since grass-fed cattle is costly.  Nonetheless, people would be willing to eat grass-fed meat since it is a healthier option.  When an animal is in distress, it causes the meat to darken and becomes unsuitable for consumption.     

Factory animals are confined within lagoons where their waste can trickle into open water and affect aquatic animals.  Aquatic animals are not able to sustain these environmental changes.  The unfavorable tides and changes in water temperature expose them to new predators.  Humans also become vulnerable to diseases from drinking or swimming in the toxic water.  However, humans can choose not to swim or drink the water.  Humans can also change their habits to reduce environmental damage.  Nevertheless, aquatic animals do not have such privilege because they are forced to stay in the water.  The toxic chemicals also lead to an increase in nitrogen and phosphorus, which increases the growth of toxic algae.  Animals die from consuming toxic algae.  Factory farming demonstrates an endless cycle where one effect on a certain species can trickle down to other species.  Furthermore, high levels of mercury found in water causes behavioral and reproductive changes in aquatic animals.  It is important that humans take imperative steps to reduce the damage to wildlife.  For example, humans can stop littering on beaches, seas, lakes, rivers, etc.  When garbage is thrown into the water, it can entrap marine animals.  Most water-dwelling animals such as sea otters, become trapped in the debris and can drown from being trapped.  Water pollution even affects the soil, which humans need to grow crops for food. 

Pollution is caused by overpopulation.  Due to overpopulation, humans continue to consume resources that it forces the animal population to diminish at a rapid rate.  The human population is substantial that it exceeds the resources available to sustain it.  The environment cannot replenish itself before it is conquered by human consumption.  As the population increases, it leads to more factory farming, which increases food production and deforestation.  It also leads to waste thrown into waterways and causes an imbalance within the ecosystem.  When it comes to maximizing production and minimizing costs, the government seems to disregard the suffering of non-human species.  It is important that there are stricter government regulations that would reduce pollution.  That is why it is important that states have the freedom to regulate or prohibit certain conduct pertaining to animal welfare that the federal government disregards.       

NYC Foie Gras Ban

Amy Allen

          

n October 2019, the New York City Council voted to ban force-fed poultry products, like the culinary delicacy, foie gras, French for “fatty liver.” The ban begins in 2022, which gives establishments and the government a three years preparation period. The fines range between $500 and $2,000, depending on the severity of the violation. The ban does not allow any restaurant or food service establishment to “stor[e], maintain, sell, or offer to sell” any foie gras product. Generally, male Moulard ducks, a hybrid between Muscovy and Pekin, are used for foie gras in the United States. This new legislation brought fierce debate between animal rights groups and chefs who have also partnered with foie gras producers.

            The legislation was initially proposed by animal rights groups for the cruel and inhumane practices of force-fed poultry generally used called gavage. This practice involves force feeding live poultry a corn-based mixture, up to four pounds a day, that rapidly expands the poultry’s liver, sometimes so severely that the liver distends into the abdomen. The poultry’s liver can expand nearly 10 times its normal size. Often, the poultry is unable to walk from the distention and will pluck out its own feathers or attack other poultry due to the increased stress put onto its body. In France, gavage is required if a pâté is called foie gras.

            In France, a prominent group of animal activists, L214, tried to sue foie gras producers for animal welfare violations in 2013. The French activist released graphic videos of the conditions the animals are placed under and filed the first ever foie gras lawsuit. Even though the producer was cleared of all charges, several prominent French chefs vowed to stop using foie gras as part of their menu.

            However, other famous chefs continued to support the use of foie gras, such as Anthony Bourdain who famously commented that people were showing the worst aspects of the problem out of context to scare people and that the cultural history was the important aspect of the luxury item. Another prominent New York City restaurant owner, Ken Oringer, argued that city council members were fighting the wrong battle and factory farmed chickens were far worse than foie gras raise poultry. Oringer further agreed with Bourdain that animal rights activists were showing graphic videos to spark outrange that misrepresented the treatment of the animals. In the end, the city council found that force feeding animals was inhumane and a practice that had to be stopped in New York City.

            Several animal rights activist groups have supported the bill due to the cruelty the practice inflicts on the poultry. The groups point to the fact that foie gras is a purely luxury item for cuisine, but it puts poultry through intense and immense stress. A few days after New York City created the ban, Voters For Animal Rights filed law suit against D’Artagnan, Inc. and D’Artagnan, LLC, foie gras producers based in Union, New Jersey. The suit does not seek monetary damages, but injunctive relief against “deceptive marketing and advertising practices” that suggests their foie gras product do not harm animals.

            Hudson Valley Foie Gras, located about 100 miles north of New York City in Sullivan County, one of the largest force-fed poultry producers with over 400 employees, and its manager, Marcus Henley, continually defends the practice and say that the facility properly cares for the poultry. Hudson Valley Foie Gras is one of two businesses in Sullivan County that provide foie gras for most of the United States. Both Hudson Valley Foie Gras and La Belle, the other Sullivan County Foie Gras producer, sell nearly $38 million in foie gras annually and send around a third of their production to New York City. Hudson Valley Foie Gras has said that it will file a lawsuit against the city challenging the ban as unconstitutional. The ban will place a financial burden on the poorest county in New York state where most of the workers are Spanish-speaking immigrants, many of whom rely on the free housing provided by the farm.

The Enduring Battle Over America’s Wild Horses

Ben Pierce

There is a fight going on out west – a fight over how we should treat our wild horses.  On one side is the Bureau of Land Management (“BLM”), an agency within the U.S. Department of Interior charged with administering the Wild-Free Roaming Horses and Burros Act of 1971.  This statute “declares that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West,” and tasks BLM with managing and protecting wild free roaming horses “as components of the public lands.”  On the other side of the fight is arrayed a multitude of animal protection organizations, such as the Animal Welfare Institute and the American Wild Horse Campaign, that are highly critical of BLM’s treatment of wild horses.

Photo by Christine Mendoza

A recent pair of dueling pieces in the Salt Lake City Tribune shed light on this ongoing battle.  Last month, William Perry Pendley, deputy director for policy and programs for BLM, wrote that wild horses pose an “existential threat to our public lands.”  According to Pendley, when wild horse herds are “left Continue reading

PUBLIC CAMPAIGNS IN CHINA LEAD TO AN IVORY BAN: How an NBA player helped end the sale of ivory in China

Keisha Sapphire Holgate

Between 1979 to 1987,illegal poaching of African elephants to obtain their ivory tusks caused a decline of their population from 1.3 million to only 600,000 individuals. Currently, tens of thousands of elephants are killed each year for their ivory. Elephant ivory is aesthetically valued due to certain attributes such as the “durability, the ease with which it can be carved, and its absence of splintering [making it] uniquely suited for a variety of uses”. These properties have made ivory an indicator of social status, with it being used in musical instruments such as piano keys, billiard pool balls, utensils, jewelry, ornamental carvings and other worked ivory items. Many legal sales of ivory include these worked ivory products under the classification as an antique. “Ivory” is often lumped together with materials such as jade, ebony or amber, in terms of the intricate and valued carvings or jewelry they help make. China is the biggest consumer market for jewelry and ornamental products carved from ivory.

After an 1989 international treaty banned ivory, China chose to permit domestic trade, with a licensing system that permitted the import of ivory tusks that were from natural deaths or seized by authorities.  Ivory in the legal Chinese market is also from pre-CITES ivory and includes the 2008 CITES-supported sale that brought in 60,000 metric tons to Continue reading

We Need the KITTEN Act: USDA’s Directive Doesn’t Go Far Enough

Robert Gordon

Toxoplasma gondiiis a parasite that is believed to effect 40 million people in the United States. The U.S. government has been researching it for more than 35 years. It is generally caused by eating undercooked meat that has been contaminated. Most people infected with it will never know that they are hosting a parasite. However, infected humans with weakened immune systems, such as infants, those with autoimmune disorders and the elderly may develop a serious and sometimes fatal sickness known as toxoplasmosis.

One unusual trait about toxoplasma gondiiis that the only known definitive hosts for purposes of sexual reproduction are felines (domestic cats and their relatives). Thus, scientific research often involves cats. In fact, beginning in 1982, the United States Department of Agriculture has infected hundreds of kittens each year with parasite-infected meat to harvest toxoplasma gondiieggs. Some of the cats were even fed dog and cat meat obtained from overseas markets prompting activists to dub the research “kitten cannibalism.” The kittens were then euthanized. Since the program began an estimated Continue reading

A FIGHT FOR THE FETAL PIGS: PUTTING K-12 ANIMAL DISSECTIONS IN THE PAST

Amy O’Brien

We all remember that middle school biology class. The one where the teacher divided us up into pairs, instructed us to put on our safety goggles and plastic gloves, and emerged from the supply closet with bags of fetal pigs soaked in formaldehyde. At this point, some of us ran out of the room crying, while others enthusiastically embraced the opportunity to extract the organs from these lifeless creatures.

Unfortunately, this is not an isolated or uncommon scene. In fact, estimates suggest that as many as 10 to 12 million animals are bred and harvested every year for classroom dissections. Recently, animal rights advocates and lawmakers have fought back against the school systems and the scientific community, seeking to change state laws and policies pertaining to classroom dissection.

In response to animal cruelty concerns, some states have enacted “student choice” policies, giving students the option to opt out of dissection in exchange for another educational project. California is one of those states. Under current California law, students with “moral objections” to animal dissection can participate in an “alternative Continue reading

So what’s stopping us from eating our Pets? Cats, dogs, Guinea Pig, and horses.

Katy Alvarado

Well, you wouldn’t eat a member of your family, would you? We build silent bonds with our pets such that they become to form a part of our family. The act of killing our beloved friends and companions that just happen to be of a different species feels so wrong that most would not even think about doing it, let alone consuming the meat. This is because we tend to draw a line between those animals we keep as pets and those animals we consider only as sources of food. The association between animals and food helps to swallow any guilt about killing the animal and makes it a more a necessary process by which we continue to survive. But pets are animals just the same as chickens, cows, and sheep. So setting aside this emotional bias that we have towards our pets, what is stopping us from eating cats, dogs, guinea pigs and horse? As it turns out, very little.

 

While killing your pet and then eating it sounds like first degree murder, the truth of the matter is that up until the end of 2018 if you found yourself in one of the 44 states that only required you to humanely kill your cat or dog, then there was nothing else stopping Continue reading

The World’s Lovely Giants: Elephants in Entertainment Begin to Receive Legal Protection Through State Initiatives

Caitlin Ens

Elephants used for entertainment purposes often suffer physically and psychologically due to poor living conditions and treatment. Entertainment elephants live half as long as those found in the wild: they experience obesity from being chained up all day, arthritis from walking on hard concrete surfaces, starvation, dehydration, and many other fatal conditions. Today, the general public is more informed than ever about the animal abuse that occurs in circuses. Consequently, public concern for circus elephants has increased dramatically over the past decade. Videos were released showing the cruel and abusive conditions that circus elephants endure. In 2017, Ringling Brothers (Ringling Bros.), one of the largest circus corporations, closed its operations for good. Previously, the business had vowed to phase out their iconic elephant acts by 2018, but high operating costs and decline of ticket sales made the circus an “unsustainable business.” This was considered a victory for animal rights advocates even though circuses are still prevalent in the United States.

 

In response to campaigns against the use of wild animals in circuses, seven states and 149 localities have passed various restrictions or bans. In 2019, New Jersey and Hawaii Continue reading

CoK Animal Law Job

David Cassuto

From the email:

2019-2020 Legal Advocacy Fellowship
Compassion Over Killing (COK) is seeking a Legal Advocacy Fellow for a one-year paid position beginning in late summer 2019 (starting date flexible; possibility of moving into staff position post-fellowship). Compassion Over Killing is a national nonprofit 501(c)(3) animal advocacy organization. Working to end animal abuse since 1995, COK focuses on ending and preventing cruelty to animals in agriculture.
COK is offering its Legal Advocacy Fellowship out of its office in Washington, DC (with Continue reading

A “pugmatic” solution? Family dog seized for unpaid bills in Germany

Helena Villela Sette Câmara

On December 2018, police officer Michaela Jordan bought a pug on eBay for 750 euros, or what is roughly about 850 US dollars. Although the buying and selling of animals on the platform is itself highly contested by animal rights activists, when Ms. Jordan sued the seller for fraudulent advertisement, the story behind the transaction prompted an even wider outrage and international repercussion.

As it turns out, Ms. Jordan bought Edda from the city of Ahlen, in northwestern Germany. The animal had been seized by the city for unpaid bills, including the town’s dog tax of about 90 US dollars per year. Deeming Edda, a purebred pug, as the family’s most valuable possession, the debt collector confiscated the dog and sold it online so the money would go towards the family’s outstanding debt, making what a city spokesperson considered a “pragmatic solution within the scope of his discretion.” Ahlen officials insist that the seizure was legal under German foreclosure laws, but since then, have had to reassure the 57,000 people members of the community that seizing family pets is not a common solution and that owners who pay their dogs taxes should not be apprehensive after the incident. Continue reading

Higher Learning? : Animal Dissections in Classrooms Across America

Keisha Sapphire Holgate

In many ways, dissection of animals in schools has evolved tremendously, yet in other ways it has remained exactly the same as it was 100 years ago. Each year, an estimated 10-12 million animals are used for dissection in classrooms across America. Currently, in 18 states and counting, students in Kindergarten through the 12th grade have laws and policies that legally give them a choice about whether or not to participate in classroom activities harming animals. In New York state, New York Consolidated Law Article 17 § 809(4) allows a student to object on moral or religious grounds to participate, or even witness, an animal dissection without penalization of a failing grade in school. The law requires this objection to be in writing by the student’s parent or legal guardian. The NY state law ensures that an alternative is provided for the abstaining student to allow the Continue reading

A Win For Free Speech Is Not A Win For Animals

Calli Norman

On January 9th, 2019 the U.S. District Court for the Southern District of Iowa held the State’s ag-gag law unconstitutional on First Amendment grounds. Iowa’s “Agricultural Production Facility Fraud”prohibits obtaining access to agricultural facilities under “false pretenses”. This includes making false statements or misrepresentations in employment agreements with agricultural facilities. The law was fueled by the agricultural industry’s concern for its security and reputation. According to The Associated Press, “no undercover investigations had taken place in Iowa since the law was approved”.

Animal activists, such as the Animal Legal Defense Fund, view this ruling as a “win for free speech and animal protection”. The State has since filed an appeal, seeking to protect the existing privacy and property rights. I think both parties miss the mark. How does this ruling actually further animal interests? To what extent is a judgment that protects lying a victory?

There are four Federal statutes that protect animal interests: the Animal Welfare Act, the Continue reading

Efficiency is the Cure for All Homelessness

Samantha A. Mumola

According to the Department of Housing and Urban Development, over 550,000 homeless humans are living in the United States on any given night.  Of these people,  as many as one in four are pet owners. Many homeless pet owners cannot enter homeless shelters due to restrictions against pets.  In other words, these compassionate individuals are denied basic services because they refuse to abandon their dog on the streets.

Human homelessness is at its highest point in modern history. Without a place to live, it is exponentially harder to find a job and maintain a healthy life, let alone take care of a pet.  However, these pets are a source of comfort, security, warmth, and normalcy to the homeless.

Before condemning all homeless humans from owning pets, consider the following: there are high rates of drug use and physical and mental health issues amongst those living without a home.  In fact, scientific research is becoming increasingly supportive of the link between pets and human health.  As a result, when patients seek treatment for drug use and mental Continue reading

Florida Man: Did A Rogue Zoo Veterinarian Commit Malpractice?

Robert Gordon

Since the 15th century, rogue has been used to reference shady or dishonest people. Today, however, folks like Dr. Ray Ball,  lead veterinarian at ZooTampa in Tampa, Florida, use the term endearingly. That is why, in his self-published book released seven months prior to an ongoing federal investigation into veterinarian malpractice at the zoo, he repeatedly describes himself as a “rogue veterinarian.” The book describes a number of stories from Dr. Ball’s twenty-six-year career, including some that at the very least raise questions about his judgment. For instance, there was one time where he and a co-worker stopped at a Hardees drive-thru with a sedated alligator strapped to the back of his truck.

But the real story is not Dr. Ball’s ill-advised retelling of tales from years prior. Today, Dr. Ball makes headlines because at least seven people have filed 45 complaints with federal authorities for alleged veterinarian malpractice resulting in the deaths of manatees and a giraffe. The allegations became public in late October when the U.S. Department of Fish and Wildlife sent a letter to ZooTampa inquiring about Dr. Ball’s treatment methods. Notably, the attention prompted an almost immediate response from Rep. Charlie Crist (D-FL) and Rep. Kathy Castor (D-FL) who then penned a letter to the Secretary of the Department of Interior requesting a full investigation. There were four specific aspects to Dr. Ball’s treatment that raised red flags Continue reading

THE PACT ACT IS NECESSARY, YET FAILS TO PROTECT THE COUNTRY’S MOST TORTURED ANIMALS

 

Amy O’Brien

Millions of animals are subjected to needless torture, abuse, and suffering every year. Yet, there is currently no federal animal cruelty statute. All 50 states have criminal laws that protect against animal cruelty; however, these state laws do not protect animals that are being abused across state lines. Lawmakers have recently recognized the inadequacy of the current federal regime in protecting animals from harm. As such, in late January 2019, two Florida legislators (Rep. Vern Buchanan (R–Longboat Key) and Rep. Ted Deutch (D-Boca Raton)) re-introduced the Preventing Animal Cruelty and Torture (“PACT”) Act to Congress.

The PACT Act, which was originally introduced in 2017, amends the Animal Crush Video Prohibition (“ACVP”) Act, passed in 2010. The ACVP made the creation, sale, and distribution of animal crushing videos illegal. The PACT Act defines “animal crushing” as “actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury . . .” Yet, the physical act of crushing the animals remains legal under federal law. The PACT Act, however, goes further by amending the Continue reading

How the 2018 Midterm Election Resulted in Animal Law Victories

Caitlin Ens

The U.S. 2018 midterm election did more than just change the majority party in the House of Representatives. Some local voters brought about significant changes in their state’s animal welfare laws. In California and Florida, two animal rights amendments were passed that, respectively, prohibit dog racing and establish minimum space requirements for calves raised for veal, breeding pigs, and egg-laying hens. These laws create standards for other states to follow in future elections.

Florida passed Amendment 13 and became the 41st state to ban commercial dog racing. Amendment 13 states that by the end of 2020, commercial dog racing will be completely outlawed. In states that still allow dog racing, thousands of greyhounds are bred annually to
Continue reading

Grants for Empirical Animal Work

David Cassuto

From the email:

Dear All,

This is to let you know that the UCLA Animal Law and Policy Small Grants Program is accepting applications from now until December 1. If you would like more information and to see the projects funded during the first cycle, please go to https://law.ucla.edu/centers/social-policy/animal-law-grants-program/about/. You will see a tab at the top for “Funded Projects.” There are other tabs with information for those interested in applying for a small grant.

Proposals about any type of empirical research projects that advance animal law and policy are welcome, but missing so far have been topics about animal research, pest control, and other arguably under-prioritized animals. Of greatest importance in the proposal review, however, is the strength of the proposed empirical research methodology for generating reliable answers to the research questions posed in the proposal. Accordingly, applicants’ description of their proposed methodology is particularly valuable to those of us reviewing the proposals.

I hope that you will consider applying for funds to conduct empirical research and that you will pass on the information about the UCLA Animal Law and Policy Small Grants Program to anyone who might be interested. Please note that we do not fund any type of research that involves living animals, and the research must be based at an American institution of higher education.

Sincerely,
Taimie Bryant

New Animal Law Journal

David Cassuto

This new animal law journal comes out of the Autonomous University of Barcelona, home to the totally excellent Masters Program in Animal Law & Society (full disclosure: Our hero is a Visiting Professor in the program). The journal is both great reading and a great place to submit your work.
42D9E2DC-8250-4221-B154-6CB7105E39C5

Harvard Animal Law & Policy Program Legislative Policy Fellowship

David Cassuto

An exciting opportunity.  Note the tight deadline:

Applications currently being accepted for the 2017-18 Legislative Policy Fellowship through November 15, 2017.

The deadline to submit applications is November 15, 2017. To apply for a Farmed Animal Law & Policy Fellowship for 2017–2018, please submit the following materials via the online application form:

  • a curriculum vitae
  • a recent publication or a writing sample (approximately 25 pages in length). All publications or writing samples should be in English.

You also will be asked to arrange for two letters of recommendation to be sent directly from your referees to the Program via our online application system by November 15, 2017.

Additional Information

Funding and Facilities

Fellows will receive a stipend of up to $5,000 per month. The Animal Law & Policy Program will pay the monthly Law School appointment fee for the duration of a Fellow’s stay at the Program, which will ensure, among other things, library access to all Harvard University libraries, access to University recreational facilities (for an additional fee), an email account at the Law School, membership in the Faculty Club, and free admission to University museums. Visiting Fellows will receive an office at the Animal Law & Policy Program or in the Harvard Law Library.

Terms of Appointment

Policy Fellowship terms are variable, from a minimum of three months to a maximum of one year. Academic Fellowship appointments typically last for two years.

Residence Requirements

With exceptions for a limited amount of personal and professional travel, Visiting Fellows are expected to be in residence at the Animal Law & Policy Program throughout the term of their appointment in order to foster an intellectual community, share ideas, and contribute to Program projects and events.

Housing

The Animal Law & Policy Program does not provide housing. No housing should be expected in University apartments or dormitory rooms, for which Harvard faculty and students have priority. Accepted fellows are encouraged to seek outside housing several months before arriving in Cambridge, preferably in person. There is information on housing on the Harvard International Office website.

Health Insurance

All visiting fellows must show proof of having adequate health insurance. Those who do not already possess such insurance can access information on obtaining Harvard Affiliate Health Insurance at the Harvard University Health Services website. A less expensive plan, available by the month, has been negotiated by Harvard’s International Office for international scholars.

Courses

Visiting Fellows may audit one course in any unit at Harvard University on a non-credit basis per semester, with permission of the instructor. There is no tuition charge for auditing courses. Visiting Fellows do not have faculty status. Appointment as a Visiting Fellow does not entitle the individual to participation in any Harvard degree program.

“Envisioning an Animal Anti-Cruelty Agency

David Cassuto

The Shameless Self-Promotion Desk is back in business:  Herewith an article about an article by me and a former student of mine calling for the creation of federal animal protection agencies in the United States and Brazil.  You can find the original piece here.

A New & Worthy Member of the Animal Blog Community

David Cassuto

From the email:

Friends of Animals of Animals, in partnership with Professor Martha C. Nussbaum, has launched a new project: Establishing the Legal, Scientific and Philosophical Basis for A Right to Ethical Consideration for Animals. The project blog can be found here: https://friendsofanimals.org/wildlife-law-program/wildlife-law-program-blog/

About the project: Currently, the law only seeks to minimize the physical suffering or death of an animal, or loss of an animal’s habitat, when sanctioning human activity. Increasingly, however, we understand both scientifically and philosophically that our impact on animals can be more than just physical. As Martha C. Nussbaum would explain it, our current legal system fails to respect one or more of the species-specific, central capabilities: life, bodily integrity, bodily health, play, sense/imagination/thought, emotion, practical reason, affiliation, and control over one’s environment.

The right to ethical consideration we seek is a legal obligation on our governmental decision-makers to fully examine how human actions degrade the types of lives animals are trying to lead. Such a right is not based solely on our compassion or empathy for an animal, but on moral and scientific principles that we can justify by argument. Our decision-making processes must embrace our ever-expanding knowledge of how human involvement or interference with an animal diminishes one or more of that animal’s central capabilities. In other words, the reason to focus on the ethical treatment of animals is because of them, not because of us.  What we feel is neither here nor there. What matters is the suffering of the animals, and whether we feel compassion or not we are morally obligated to relieve it.

Finally, the right to ethical consideration we seek is not the granting of specific substantive rights for animals, like the right to life, freedom, etc. It is, however, a pathway to strengthening legal protections for animals, and future substantive rights. By requiring decision-makers and the public to engage in active deliberation about the human impact on an animal’s ability to live a meaningful life, societal and legal beliefs regarding the rights of non-human animals can change for the better.

Cool Job Opening! Policy Director, Harvard Animal Law & Policy Program

David Cassuto

From the email:

Policy Director – Job Description

Harvard Animal Law & Policy Program

Overview

The Harvard Law School Animal Law & Policy Program is inviting applications for a Policy Director to develop and oversee a broad range of federal, state, and local policy projects to improve the treatment of animals by the legal system. The Animal Law & Policy Program engages with academics, students, practitioners, and decision makers to foster discourse, facilitate scholarship, develop strategic solutions, and build innovative Continue reading

Will Feds Permit Ringling to Send Endangered Cats to German Circus?

This piece originally appeared on Salon under the title “Ringling’s big cats need new homes — and they could be headed for a circus overseas”

http://www.salon.com/2017/06/11/ringlings-big-cats-need-new-homes-and-they-could-be-headed-for-a-circus-overseas/

Lacey cats

Ringling Bros. and Barnum & Bailey Circus has closed, but it still needs to find new homes for some of its animals. Ringling’s recent bid to export protected lions, tigers, and a leopard to a German circus reveals deep flaws in the way the Endangered Species Act (ESA) is being enforced by the U.S. Fish and Wildlife Service (FWS). All of these animals are imperiled in the wild and, as such, are supposed to be protected by the ESA. The ESA applies equally to captive and wild animals for good reason. When it was enacted, Congress recognized the connections between the exploitation of captive animals and species survival. Every day we learn more about how deep these links run, including how exhibits featuring endangered species in close contact with humans can undermine legitimate conservation efforts.

One of the primary ways the ESA aims to protect species is through strict prohibitions, including a ban on exports. As such, it is illegal for Ringling to just ship these cats off to Germany. There is a narrow exception to this prohibition, though: If an export would “enhance the propagation or survival of the affected species,” a permit can be issued. When Congress enacted this exception, it put in place myriad safeguards, underscoring that it intended to “limit substantially the number of exemptions.” The Supreme Court has likewise recognized that permits are only to be granted “in extremely narrow circumstances.”

 

 And yet, if experience is any indication, FWS will rubber-stamp Ringling’s permit to export these protected big cats. Indeed, the agency has repeatedly granted Ringling similar permits.

There’s no colorable argument to be made that exporting big cats so that they can be featured in a circus somehow “enhance[s] the[ir] propagation or survival” in the wild. While Ringling claims that such exhibits somehow raise awareness and benefit survival of the species, and even asserts that “lengthy and convincing evidence” supports this claim, no such evidence is anywhere to be found in its application, because it doesn’t exist.

To the contrary, FWS has determined that purported educational activities cannot form the basis of an ESA permit and that “no one has come forward with examples of how exhibition of living wildlife has any specific affirmative effect on survival of non-native species in the wild.” Indeed, as noted above, recent evidence indicates that such exhibits can in fact have a harmful impact on conservation. As tiger expert Dr. Ronald Tilson has written, “forcing tigers to perform in circuses has been detrimental to species conservation efforts because it gives the impression that tigers should be trained through brute strength and physical punishment. It also misleads the public into believing that tigers in the wild can’t really be so endangered if circuses are allowed to display them. . . . This exploitation . . . has actually lessened the general public’s appreciation for tigers in general and most specifically for wild tiger conservation.” Other experts have made similar observations.

Exporting these cats for circus performances not only fails to meet the threshold requirement for an ESA permit — that it help the species — it actually undermines the purposes of the ESA. Because of this, FWS shouldn’t be able to lawfully issue the permit.

Yet in recent years it has issued many permits to Ringling and others to export endangered animals for circuses under a scheme that critics have dubbed “pay-to-play.” FWS essentially allows anyone to make a donation to buy themselves out of complying with the law. This absurd policy makes the ESA’s exceptions — which, again, Congress intended only to be granted in the narrowest of circumstances — virtually meaningless, and lets the exception swallow the rule. In fact, last year the Congressional Research Service determined that “ESA permits are rarely given for their intended purpose of direct benefits to at-risk species, and instead virtually every one of the more than 1,300 ESA permits given out in the last five years involves this pay-to-play scheme.”

Ringling’s application is even worse than most, which at least propose to make a donation in exchange for the permit. Ringling brazenly tries to stretch the loophole FWS has created without authorization even further. It doesn’t even offer to make a new contribution. Instead, it seeks to justify the permit based on money that it already donated, much of it years ago — contributions that have no nexus whatsoever to the export.

Let’s hope that for once FWS won’t bend over backwards for Ringling and will instead put the interests of imperiled animals first and deny the application, as the law requires.

 

Delcianna Winders is a Harvard Animal Law & Policy Fellow and has worked on legal issues pertaining to captive wildlife for more than a decade. Follow her on Twitter at @DelciannaW

Animal Law Grants!

David Cassuto

From the email (with a huge hats off to Prof. Taimie Bryant at UCLA):

Thanks to generous funding from Mr. Bob Barker, UCLA Law School is pleased to offer the Animal Law and Policy Small Grants Program (“UCLA ALP Program”). http://law.ucla.edu/centers/social-policy/animal-law-grants-program The UCLA ALP Program exists to encourage new academic empirical research, with the goal of developing better empirical bases from which to understand, evaluate, and pursue animal law reform. Applicants from a variety of academic disciplinary backgrounds, including economics, sociology, demography, social psychology, moral psychology, medicine, plant-based nutritional science, cognitive science, law, public health, and public policy are encouraged to apply. Please note that the UCLA ALP Program does not support animal research. The UCLA ALP Program has two goals: Continue reading

Webinar on Animals as Sentient Beings

David Cassuto

From the email:

The law has recognised animals as “sentient” beings, so …

… this is how that change affects how you can use animals for
food, ​​entertainment, companionship, service animals, and research

This is your invitation to join in the ONLINE SEMINAR which shows how law’s “sentient animal” is set to change everything for society and you – again. Continue reading

NYSBA Animal Law Writing Competition

David Cassuto

Attention law students!

Announcing the 2017 NYSBA Animal Law Student Writing Competition

On behalf of the New York State Bar Association Committee on Animals and the Law, we are pleased to inform you about our 2017 Student Writing Competition. The deadline for submission is July 14, 2017.  Law students are invited to submit to the Committee an article concerning any area of Animal Law.  Please find attached the formal Announcement of the Competition and the Rules of the Competition. We encourage you to circulate the Announcement and the Rules to your students. Continue reading

BU Law Review Symposium on “Beating Hearts”

David Cassuto

Sherry Colb & Michael Dorf’s book, Beating Hearts: Abortion and Animal Rights is the subject of an online symposium by the Boston University Law Review.  You can find it here.  Full disclosure: I was one of the respondents.

Habeas News

David Cassuto

This is an important, potentially historic oral argument.  Go if you can:

 

 

Appellate Division, First Department, County Supreme Court to Hear Oral Argument in Two Chimpanzee Rights Cases Filed by the Nonhuman Rights Project

The Nonhuman Rights Project will argue its appeal of the failure of the New York County Supreme Court to issue writs of habeas corpus on behalf of two captive chimpanzees, Tommy and Kiko, in a hearing at the Appellate Division, First Department, Supreme Court in Manhattan at or after 2 p.m. on March 16th.

The ruling that results from the hearing may determine whether Tommy and Kiko—both featured in the new HBO documentary Unlocking the Cage—will be recognized as legal persons with the fundamental right to bodily liberty or remain “things” deprived of even a single right. Continue reading

Animal Law (Visiting) Professor Job

David Cassuto

From the email:

VISITING PROFESSOR POSITION

CENTER FOR ANIMAL LAW STUDIES

at Lewis & Clark Law School

 

Fall 2017- Spring 2019

 

The Center for Animal Law Studies at Lewis & Clark Law School is now accepting applications for a Visiting Professor (VP) position. The position will run for the 2017-2018 and 2018-2019 academic years. The position is in Lewis & Clark Law School’s premier animal law program at the Center for Animal Law Studies (CALS). 

 

The VP will teach three or four animal law courses per academic year and have the opportunity to write at least one article or other scholarly piece per year. The VP will also have an interest and background in international animal law issues as well as the demonstrated cultural competencies necessary to effectively teach, advise, and mentor our international J.D. and LL.M. students.   Continue reading

Animal Law Fellowship!

David Cassuto

From the email…  Do yourself a favor: apply for this.

 

 

Farmed Animal Law & Policy Fellowship

2017-2018

 

 

Harvard Law School’s Animal Law & Policy Program is inviting applications for Fellowships in Farmed Animal Law & Policy for the 2017–2018 academic year.

 

The Fellowships provide opportunities for outstanding scholars and legal practitioners to undertake research, writing, and scholarly engagement on Farmed Animal Law & Policy that furthers the Program’s mission. We particularly are interested in applicants whose work focuses on the interrelations among animal welfare, human health, food safety, workers’ rights, human rights, as well as climate change and the environment.

 

We welcome applicants with a JD, LLM, SJD, or PhD who are interested in spending from three months to one year in residence at Harvard Law School working on an independent project. We seek applicants from a diverse range of backgrounds, academic traditions, and scholarly interests. Projects focusing on either domestic or international farmed animal law and policy are equally encouraged.

 

Fellows will receive a stipend of up to $5,000 per month. Fellows will be expected to participate in Program activities, contribute to the intellectual life of the Program, and are encouraged to organize one or more academic events related to their fellowship project.

 

The deadline to submit applications is March 25, 2017. To apply for a Farmed Animal Law & Policy Fellowship for 2017–2018, please submit the following materials via the online application form:

  • a curriculum vitae
  • a recent publication or a writing sample (approximately 25 pages in length). All publications or writing samples should be in English.
  • a research statement, not to exceed 1000 words, that: 1) describes the proposed work during the fellowship period. The proposal should outline a specific research project that can be accomplished during the Fellow’s residence at Harvard Law School; and 2) sets forth a specific work output for the completed project (e.g., book, article, database/website entries).
  • You will be asked to arrange that two letters of recommendation be sent directly from your referees to the Program via our online application system by March 25, 2017

. For more information on the Fellowship and application process, click here.

Continue reading

Why I Sued the USDA

Delcianna J. Winders, Academic Fellow, Animal Law & Policy Program, Harvard Law School

 
This piece originally appeared in The Hill.

 

As a longtime animal law practitioner, I’ve represented various parties in lawsuits against the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS). But I’d never sued the agency—or anyone else—myself. Until this past Monday.

Like many, I was stunned when the USDA deleted thousands of Animal Welfare Act-related records from its website. The same day that the blackout occurred, law reviews opened up their submission season and I was gearing up to submit two pieces scrutinizing the USDA’s implementation of the Animal Welfare Act through close analysis of the now-deleted records. If the agency’s goal had been to stymie my work, it couldn’t have timed things better.

Of course, the records weren’t wiped from the website because of me. But why were Continue reading

Will Ringling’s closure clear the way for federal circus legislation?

Delcianna J. Winders, Academic Fellow, Animal Law & Policy Program, Harvard Law School

The piece originally appeared in The Hill

With Ringling Bros.—the most active and spendthrift opponent of legislation to protect circus animals—shuttering, it may finally be possible for bipartisan public safety and animal welfare efforts to succeed.

Introduced by Reps. Raul Grijalva (D-Ariz.) and Ryan Costello (R-Pa.),  the Traveling Exotic Animal & Public Safety Protection Act, H.R. 6342, would ban traveling wild animal acts given their risks to humans and animals alike. While political debates rage, this simple, important measure—one that countries across the world have already taken—should be a no-brainer.

 chained-eles

The recent incident in which long-time Ringling Bros. exhibitor Vicenta Pages was attacked by a tiger in front of dozens of children is just the most recent reminder of the dangers inherent in these acts. Captive big cats kill about one person every year in America, and injure many more. While Ringling—whose tigers have been involved in numerous maulings—is closing down, other circuses will continue to endanger the public as long as they’re allowed to. Tigers have repeatedly escaped from UniverSoul Circus and at least two people have lost parts of their fingers to big cats with this circus. A Shrine circus attendee came face to face with a tiger in the restroom. At another Shrine circus, a tiger killed a circus handler in front of 200 children. Numerous folks have been rushed to the hospital after encounters with tigers at Shrine circus shows. Yet government records show that exhibitors with UniverSoul, Shrine, and other circuses still fail to adequately contain dangerous animals.

It’s time we acknowledge that carting apex predators around the country in flimsy cages and putting them into direct contact with humans is a bad idea.

But it’s not just the carnivores who endanger us. Elephants can easily snuff out a human life with a single trunk swipe or foot stomp and kill about as many Americans as big cats do. An elephant at a Shrine circus elephant kicked a handler, throwing him about 20 feet and killing him. At least 15 children and one adult were injured when an elephant giving rides at a Shrine circus became startled. One circus exhibitor recently paid a paltry penalty after allowing elephants to repeatedly endanger the public, including an incident in which the elephants escaped from a Shrine circus and ran amok for nearly an hour.

Elephants can also carry tuberculosis, which highly transmissible to humans—even without direct contact, since it’s airborne. Seven people were recently diagnosed with the disease after being around infected elephants at a zoo, and eight individuals contracted TB from a former circus elephant. Yet elephants with the disease are still routinely exposed to the public. Indeed, virtually every American circus with elephants has a history of tuberculosis. UniverSoul is currently touring with tuberculosis-exposed elephants. In 2014, New York City officials required UniverSoul to keep elephants out of its acts after the circus failed to provide current TB tests. Dallas officials recently prohibited elephants with UniverSoul from performing because they had “tested reactive for tuberculosis,” and Michigan’s assistant state veterinarian cautioned that these elephants should not be on the road because of their TB status. Yet UniverSoul continues to bring these same animals to other states with laxer laws. Shrine and other circuses also routinely feature elephants who carry tuberculosis.

The risks posed by these inherently dangerous animals are only heightened by the abuse and deprivation they endure. Elephants in the wild roam up to 30 miles a day; in circuses, they spend many consecutive hours and even days tightly chained, slowly going out of their minds. Big cats who have home ranges of up to 400 miles are routinely caged in tiny transport containers 24 hours a day.

Deprived of everything that is natural and important to them, these animals only perform tricks because they’re terrified not to. Numerous undercover investigations and eyewitness reports confirm that circus animals are trained through severe beatings—often while they’re caged or chained. Such abuse can provoke aggression, feeding an endless cycle.

While countries around the world have banned these cruel and dangerous acts, America lags woefully behind. In a time of immense divisiveness, surely we can at least agree that no animal deserves to suffer endless abuse and confinement—and that it’s foolhardy to continue to endanger human health and safety for a few fleeting moments of outmoded entertainment.

Animal Law Job!

David Cassuto

From the email:

The Department of Environmental Studies invites applications for the position of Clinical Assistant Professor. The appointment will begin September 1, 2017, pending administrative and budgetary approval. The successful applicant will help to administer a new M.A. in Animal Studies that will launch in the fall of 2018, teach graduate and undergraduate courses, advise students, conduct research, fully participate in and contribute to the development of the Department of Environmental Studies, and provide other service to the University. The Department of Environmental Studies currently offers a major and minor in Environmental Studies and an undergraduate minor in Animal Studies (one of the first in the country). It is in the process of developing other graduate programs. Continue reading

Animal Advocacy — Live from Hawaii

David Cassuto

I’ve spent the last 5 days in Hawaii at the IUCN World Conservation Congress, the quadrennial gathering of environmental leaders from all over the world. The Animal Legal Defense Fund (ALDF) recently applied for membership in IUCN and was denied.  I have been lobbying for support for ALDF’s appeal from that denial.  It’s a bizarre world where organizations like Safari Club International — which advocates trophy hunting as a form of conservation — is granted membership where ALDF, an organization that actively works to protect animals both in and out of the wild, is denied.

So far the support has been very gratifying; many IUCN member organizations have stepped forward to support the appeal.  However, we remain a few signatures short of Continue reading

Registration Now Open for Animal Welfare Act at 50 Conference at Harvard Law School

The Animal Law & Policy Program (ALPP) at Harvard Law School is pleased to announce that registration is now open for The Animal Welfare Act at Fifty.  The AWA was signed into law by President Lyndon Johnson in 1966. The most comprehensive federal animal protection law, the AWA regulates more than one million animals at more than 15,000 locations across the United States. To mark the fiftieth anniversary of the Act, this conference, to be held December 2-3, will convene scholars, government officials, representatives from non-governmental organizations, and others to assess the first fifty years of the AWA and consider recommendations for the future.

Space is limited, so please make sure to register early to ensure your spot. Registration includes plant-based meals.

REGISTER

AWA 50 image

For a list of presenters and co-sponsors, please see the ALPP website conference page.

USDA facilitates animal suffering at Cricket Hollow Zoo

Delcianna J. Winders, Academic Fellow, Animal Law & Policy Program, Harvard Law School

This piece originally appeared in the Des Moines Register

The U.S. Department of Agriculture has again renewed the license that chronic animal welfare violator Cricket Hollow Zoo, in Manchester, needs to operate. The agency renewed this license despite recently documenting numerous violations and, indeed, documenting nearly 100 violations over the past three years. The agency renewed this license just months after a judge held that Cricket Hollow was likely to cause serious death or injury to animals. The agency renewed this license despite a pending enforcement action. The agency is complicit in Cricket Hollow’s abuse and neglect of dozens of animals.

CHZ primate
©Tracey Kuehl

To understand the conditions at Cricket Hollow that the Department of Agriculture allows to continue by its re-licensing, consider the following violations, documented by the agency on one day:

  • Various species were held with no ventilation and “a strong, foul odor of fecal waste and ammonia”;
  • No plan existed to address the distress of a baboon who paced incessantly and “repeatedly tossed his head back,” both “abnormal behaviors” indicative of distress;
  • Multiple animal enclosures “were severely muddy with large areas of standing water,” forcing numerous to stand in water and/or thick mud, some of whom had “mud/wet fur extending up the entire length of their legs”;
  • Numerous animals were confined with excessive flies and built-up waste.

Automatic license renewals also endanger humans. Without licenses, facilities couldn’t exhibit animals, and many of the violations put the public at risk. Cricket Hollow has repeatedly been cited for violations related to public endangerment, including holding dangerous animals like lions, bears and baboons in structurally unsound cages that could allow escape. One of Cricket Hollow’s owners was flown to a hospital after being attacked by a tiger and suffering lacerations to his head and torso.

Years ago, the Department of Agriculture’s Office of Inspector General flagged automatic license renewal as a serious problem causing increased animal suffering and undermining the Animal Welfare Act’s purposes. In response to the Inspector General’s plea that it reform its licensing practices, the agency claimed that it was legally required to automatically renew licenses.

Developments in the law leave no question that the Department of Agriculture is not required to automatically renew licenses, and that it can condition renewal on compliance. Numerous federal courts have held that the Animal Welfare Act can be read to require compliance with the law before renewal.

Still, the agency clings to an outmoded model of licensing. While many agencies have adopted efficient, informal procedures for licensing, the Department of Agriculture continues to give full, trial-type hearings for every licensing and other Animal Welfare Act decision. This slow, antiquated approach wastes resources and results in serious delays that prolong animal suffering.

In August the Animal Welfare Act will turn 50, and it’s past time for the agency to heed calls to stop facilitating violations of the law and animal suffering through automatic license renewal.

Animal Law Clinic at Michigan State

David Cassuto

From the email:

Animal Welfare Clinic

(for release 7 July, 2016)

 Michigan State University College of Law invites applications for the Director position in its newly created Animal Welfare Clinic.

 MSU’s Animal Welfare Clinic will provide opportunities for students to learn the practice of law in a well-supervised and academically rigorous program.  The direct representation of clients is the core of the students’ experience in the clinic, and the clinic seeks to maintain a diverse and challenging docket.  With a core focus on animal law content, the clinic will select cases with attention to pedagogical concerns, community need, and the need to provide students with opportunities to engage as attorneys in a variety of contexts. This clinic will service individual clients with a variety of individual animal legal issues as well as clients who raise public policy questions about the use of animals in our society. The Clinic will seek out cases which will use the courts to enhance the welfare of animals beyond present practices. The Director will be expected to be an active member of a major University with a diverse set of players with animal related interests. Additionally, it is expected that the individual will coordinate with national organizations and seek to provide leadership on a national level.

For all aspects of the Clinic, the Clinical Professor will work in coordination with Animal Law Program of the College, directed by Professor David Favre and the Associate Dean for Experiential Education, David Thronson, who will help create the program of the clinic.  The Clinic Director will receive an annual salary commensurate with their experience, together with generous benefits. This will be a clinical track appointment starting with the title of Assistant Clinical Professor.  Continue reading

Santa Cruz Biotech fine too little, too late

Delcianna J. Winders, Academic Fellow, Animal Law & Policy Program, Harvard Law School

This piece originally appeared in the Santa Cruz Sentinel.

The U.S. Department of Agriculture recently levied the largest fine in the history of the Animal Welfare Act, which will turn 50 this summer. In an unprecedented settlement agreement, Santa Cruz Biotechnology agreed to $3.5 million in penalties and to surrender its Animal Welfare Act license.

Animal protection groups have lauded the settlement, and, to be sure, getting this chronic animal welfare violator out of the business is huge. But it is also too little, too late.

While $3.5 million is nothing to scoff at, it is less than 1 percent of the more than $20 billion in potential fines Santa Cruz Biotech faced. And the Department of Agriculture made itself complicit in untold animal suffering when, year after year, it renewed the company’s Animal Welfare Act license despite knowing of chronic egregious violations.

As one of the world’s largest suppliers of antibodies — an industry valued at more than $80 billion — Santa Cruz Biotech is big business. The company has profited immensely from the suffering it has illegally inflicted on animals including routinely failing to provide minimally sufficient veterinary care to sick and injured animals. Continue reading

Will new tiger protections go far enough?

Delcianna J. Winders, Academic Fellow, Animal Law & Policy Program, Harvard Law School

[This piece originally appeared in the Houston Chronicle.]

0250_babytiger_5F00_72

With more tigers in American backyards, basements and bathrooms than the wild, it’s worth pausing on Endangered Species Day to consider whether new federal protections for tigers are enough.

On May 6, just days after a tiger that had apparently been used for photo-ops in Florida was found roaming the streets of Conroe following last month’s floods, the U.S. Fish and Wildlife Service closed a loophole in its Endangered Species Act regulations. After nearly two decades of looking the other way while hundreds of captive tigers are trafficked in the United States every year, the agency began treating tigers the same as other endangered wildlife.

But the agency’s permitting policies may critically limit the impact of this change.

To protect imperiled species like tigers, the Endangered Species Act prohibits a host of activities, including importing, exporting, selling, killing, harming, harassing and wounding protected wildlife, whether captive or wild. Continue reading