Chemically Castrate the Swamp

  Alexis Tomaino

Atrazine wreaks havoc on the sex lives of adult male frogs, emasculating three-quarters of them and turning one in 10 into female. The 75 percent that are chemically castrated are essentially “dead” because of their inability to reproduce in the wild. The 10 percent (or more) that turn from males into females – something not known to occur under natural conditions in amphibians – can successfully mate with male frogs but, because these females are genetically male, all their offspring are male. The impacts of atrazine are most pronounced in frogs because they have highly permeable skin that can easily absorb the chemical. Exposure to atrazine at levels as low as 0.1 parts per billion has been shown to affect the development of sex characteristics in frogs. 

            Based on the evidence that atrazine is an endocrine disruptor to amphibians, the EPA should ban the use of Atrazine.  First, frogs are vital to a healthy ecosystem and their disappearance can disturb an intricate food web with cascading effects felt throughout an entire ecosystem. As tadpoles, they eat algae, helping regulate blooms and reducing the chances of algal contamination. As adults, their consumption of insects helps control populations, including adult mosquitoes and their larvae that can transmit diseases including Dengue fever, Malaria, West Nile fever and Zika.  Frogs are also an important source of food for a variety of animals, including birds, fish, and snakes.  But more fundamentally, frogs have existed for nearly 300 million years and have a right to exist unmolested.  As frogs are currently threatened by disease, pollution, habitat loss, invasive species and climate change, their populations have declined dramatically since the 1950s, and it is believed more than 120 species have already become extinct since 1980s.  Failure of the EPA to take action to protect frogs from the harmful effects of atrazine is tantamount to ignoring its mission to “reduce environmental risks … based on the best available scientific information.”

            Instead the Trump EPA has loosened restrictions on atrazine following the tenure as EPA adviser of Jeff Sands, a former pesticide-industry lobbyist for Syngenta.  Sands’s presence at the EPA drew criticism when the EPA scaled back a $4.8 million fine levied against Syngenta during the Obama years for violating pesticide regulations that resulted in the sickening of farm workers in Hawaii. The Trump EPA settled this case for a tiny fraction of $150,000, though the EPA also ordered Syngenta to spend a minimum of $400,000 to conduct worker training on how to use pesticides. Although Sands has asserted he did not influence these EPA decisions, Sands’s connection to Syngenta muddies the water and is in line with other actions from Trump’s EPA, which has focused on reducing regulatory burdens on industry and easing enforcement actions while bringing industry insiders into the administration to the detriment of the flora and fauna it is charged to protect.  

            Sands’s employment was permitted because of an ethics waiver in which the White House allowed Sands to work on issues he dealt with in the private sector because of “his deep understanding of agricultural issues forged through his previous service with Congress, a trade association and a company.” The waiver allowed him to work on issues that could affect his former industry, the agricultural sector, at large. While the waiver request did not expressly ask that he be exempted from rules prohibiting him from being involved with any agency action that would specifically affect a former employer, there is no evidence of compliance with these rules.  And although Sands’s departure from EPA in 2018 (and has subsequent employment as an adviser for Rep. Ted Yoho (Fla.), a conservative Republican lawmaker who sits on the House Agriculture Committee)  predates the November 2019 atrazine policy change announcement, the swampy smell lingers around the EPA’s decision to sacrifice frogs and promote Syngenta’s business.

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.

Horse Racing: An Elitist Sport or Animal Abuse?

Erika-Marie Kissh

The life of a racehorse is one that even before its conception is planned out and greatly influenced by human beings. Their birth, life, and death, are unnatural and can be seen as out-and-out abuse in every stage of the horses’ life. The main reason why racehorses are forced to live such unnatural lives at the hands of humans is because horse-racing is an extremely lucrative “sport”. The International Federation of Horseracing Authorities estimates that prize money for races worldwide is approximately $3.5 billion dollars a year, and the global industry of horse-race betting makes approximately $116 billion dollars of revenue in a given year.

For thoroughbred racehorses, in particular, their conception and birth is planned out as meticulously as possible to ensure maximum race training time. Mares are forced to 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

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

Who Gets the Kitty?

Erika Kissh

cats

For couples in the United States, the idea of growing one’s family can mean more than just having children, in many instances it can also mean the adoption of “fur-children.” According to the Insurance Information Institute in 2017/2018 there was a reported 85 million families that owned pets in the United States. While that number is heart-warming to think of, if one were to couple it with the fact that roughly 40% of marriages end in divorce, it begs the question “who gets the kitty?”

Pet custody has become a prevalent issue in recent years with the dissolution of marriages across the United States, however, Courts are divided on how best to answer the question of “who gets the kitty?” Some Courts have taken the approach that animals are property, and as such they should be treated like any other household item. While others have taken the approach of viewing the animal more like a child, or “fur-child”, and as such, they take the best interest of the pet/family into consideration when determining custody.

In the past, many Courts viewed pets as property, where the division of the pet was comparable to who would get the television, in more recent year some Courts, with the help of state legislation, have turned to view pets as more sentient creatures rather than objects. This makes sense when you consider that on average pets are often viewed as Continue reading

Law 700: Animals used for Sacrifice in Bolivia and Religious Freedom

Alexandra Bueno

When walking down a mountain clearing in the streets of La Paz, Bolivia, one might find Kallawayas( medicine men) ,  curanderos (local healers or shamans), fortunetellers, and sorcerers crowding the cobblestone streets of an old quarter known for generations as the Witches’ Market. This witch market is known for selling traditional clothing’s, handbags, hats, jewelry, herbs, sacrificial animals and dried llamas for the use of witch craft and offerings to the Pachamama (Mother Earth).

By far the most sold product available at this market are the dried llama fetuses, which come in many shapes and sizes. Llama fetuses are buried in the foundations of new constructions or businesses as an offering to the goddess Pachamama. These sacrifices are thought to protect workers from accidents and bring good luck and flow of money to businesses. The fetuses are mostly used by the poor, wealthier Bolivians are expected to sacrifice a live llama to the Pachamama. Live sacrifices have long been a part of the indigenous Andean Culture, according to ancient traditions, sacrifices were 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

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

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

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.

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

Don’t Be Cruel (Anymore): A Look at the Animal Cruelty Regimes of the United States and Brazil with a Call for a New Animal Welfare Agency

David Cassuto

The shameless self-promotion desk is back and shilling a new article.  The title is as above and you can find the full text here.  Worth noting is that it appears in the Boston College Environmental Affairs Law Review and that both articles in the current issue of one of the country’s leading environmental law journals are on animal law.  Big plaudits to the journal.  Get it, read it, tell your friends.

Abstract:

In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation—agricultural animals—is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries Continue reading

The AWA at 50 — Call for Papers

David Cassuto

From the email: 

The Animal Welfare Act at Fifty Conference

 
Harvard Law School
1585 Massachusetts Ave – Cambridge

Date/Time
Date(s) – Thursday, September 22, 2016 – Sunday, September 25, 2016
All Day

Location
Harvard Law School

Overview

The Animal Law & Policy Program at Harvard Law School is pleased to announce The Animal Welfare Act at Fifty, a conference that will bring experts together to assess the first fifty years of the Animal Welfare Act (AWA) and consider recommendations for the future. The event will include conference presentations as well as a separate academic workshop component.

We welcome submissions on both broad and specific law and policy issues. In an effort to encourage interdisciplinary dialogue, we encourage submissions from legal scholars and lawyers; government officials and staff; academics in disciplines outside of law, such as sociology, anthropology, political science, and economics; international scholars and regulators; veterinarians and animal behaviorists; and others with perspectives on the AWA. We also encourage submissions from experts in other areas of legislation and regulation who can bring a comparative approach to the study of the AWA. We encourage submissions from advocacy organizations, industry representatives, think tanks, and others outside academia, but emphasize that this is a scholarly conference and abstracts will be judged by academic standards.

Individuals can submit proposals for both conference presentations and the workshop if desired.

Conference Presentations

Those interested in presenting at the conference are invited to submit an abstract of up to 400 words describing their proposed presentation along with a CV. All abstracts and CVs should be submitted together to ALPP@law.harvard.edu with “AWA Conference Presentation Proposal” in the subject line no later than April 5, 2016. Conference presentations will be approximately 20 minutes in length.

Workshop Papers

Those interested in participating in the academic workshop are invited to submit an abstract of up to 400 words describing their proposed paper along with a CV. All abstracts and CVs should be submitted together to ALPP@law.harvard.edu with “AWA Workshop Proposal” in the subject line no later than April 5, 2016.

Those selected as workshop participants must submit their final papers by August 15, 2016, so that they can be circulated and read by the other workshop participants in advance of the workshop. The final workshop papers should be approximately 10,000 words (including footnotes). Each paper should be an unpublished work in progress. We will consider papers that have been accepted for publication, as long as they have not yet been published and the author will still have an opportunity to incorporate feedback from the workshop.

Potential Topics

We welcome submissions on both broad and specific law and policy issues. Potential topics include, but are not limited to:

Agency compliance strategies

Efficacy of different types of standards, such as engineering vs. performance, general vs. species-specific, etc.

Which categories of animals are/should be afforded legal protections

Agency licensing practices

Agency restructuring proposals

Agency culture

Differential treatment of research facilities and other regulated entities

Education vs. enforcement

Regulatory vs non-regulatory approaches

AWA intersections with other laws

Agency inspections

Agency administrative hearing practices and due process

Agency collaboration with the Department of Justice

Settlements and discounting administrative penalties

Agency use of warnings

Assessing the adequacy of veterinary care

Judicial review of agency action

Citizen suit provision proposals

Impact of public opinion on the law and its implementation, media narratives, and social movement advocacy

Animal confiscation under the AWA

Transparency in implementation

Alternatives to use of animals in research

The role and efficacy of Institutional Animal Care and Use Committees

The role of undercover investigations at regulated facilities

Comparative analyses of the AWA and other animal protection regimes

Contact

For additional information, please contact alpp@law.harvard.edu.

 

Wildlife Welfare: Adopting a New Ethic Everyone Can Agree Upon

Michelle D. Land

Stacked Harris Hawks

Harris’s Hawks, native to the Southwest, form complex social groups and hunt cooperatively, sometimes stacking 3-birds high to maximize good perching locations and find prey more efficiently.

Why animal protection organizations and environmentalists don’t collaborate more meaningfully is a long-standing question without a satisfactory answer.

Typically, the explanation for a lack of sustained cooperation between the two is that animal protectionists are concerned about individual animals, while environmentalists care only about populations or healthy ecosystems. This “mission loyalty” is a false dichotomy. Climate change perturbations, palm oil plantations, industrial farming, habitat loss, over-harvesting…the list of intersecting interests is too long to exhaust. Ecosystems are comprised of millions of individual animals. And individual animals depend upon healthy ecosystems to thrive. Conservation biologists, Chris Darimont and Paul Paquet in their 2010 article, Wildlife conservation and animal welfare: two sides of the same coin? illuminate this point:

Although rarely considered, depriving animals of their life requisites by destroying or impoverishing their surroundings causes suffering of individuals through displacement, stress, starvation, and reduced security. The same human activities driving the current extinction crisis are also causing suffering, fear, physical injury, psychological trauma, and disease in wild animals. These discomforts are well beyond and additive to what might occur naturally (i.e., non-anthropomorphic).

On November 18th, a report by the Endangered Species Coalition entitled
Continue reading

To Ride Or Not To Ride

Tyson-Lord Gray

In a few months I will be celebrating my birthday and as has become the custom, this means an international trip inclusive of life changing experiences. Last year I went bungee jumping in Costa Rica, the year before that skydiving in South Africa, and the year before that hang-gliding in Brazil. This year I decided to check elephant riding in Thailand off my list however, recent discussions in my Animal Law class prompted me to reconsider my decision.

Although elephant riding appears seemingly harmless, many of these animals are tortured into submission through a process known as phajaan. Phajaan, which also means to crush, involves ripping baby elephants from their mothers and confining them in a very small space where they are unable to move. The baby elephants are then beaten into submission with clubs pierced with sharp bull-hooks.

12107750_10156244079620235_5201342773955071613_nAs a result, an animal welfare bill was introduced in Thailand in 2014 to Continue reading

The Homeless and Their Pets: Mutual Dependence for Survival

Michelle D. Land

Michael, Wayne, and Gonzo_NYC_101515

Michael, Wayne and Gonzo, New York City. Photo: Michelle D. Land

When Wayne (above right) and his dog, Gonzo, sleep at night, Gonzo is both alarm and shield. “If someone is trying to wake me up, Gonzo doesn’t bark, he just lays across me. Same thing if it is raining or there is something going on that I should know about.”

Throughout most of my twenty-minute conversation with Wayne, Gonzo, a brindle pit bull, lay on his blanket curled up, oblivious to my presence. But there was a palpable feeling of interdependence between the two, as there usually is between the homeless and their companion animals.

To homeless pet guardians, their animals are sources of emotional support: friendship, companionship, unconditional acceptance, reduced loneliness, and love. They are “family” and “friends.” They facilitate contact with those who might not otherwise communicate with a homeless person, thereby reducing the social isolation so common to many homeless. They can be strong motivators, providing a sense of responsibility and purpose. Most important, especially in the case of youth, caring for a pet can help the homeless to develop healthier coping mechanisms, strive to stay out of trouble and take better care of themselves.

The pets can be beneficiaries as well. Wayne proudly showed me Gonzo’s mulepack-style saddlebag designed for dogs. A homeless support program gave it to him. Gonzo likes to carry his own things, Wayne explained, because it gives him a sense of purpose. Many a parent has spoken similarly of a child and her backpack. But Wayne was also noting the contrast between Gonzo’s life on the street and the life of a domiciled dog. Most of us must leave our pets home alone for as long as eight to twelve hours a day. Gonzo is with Wayne at all times and has the benefit of constant interaction, socialization and enrichment.

Homeless pet owners constitute a hidden population.

According to the U.S. Dept. of Housing and Urban Development (HUD), there were roughly 578,000 Continue reading

The Vegetarian’s Dilemma: Is it Okay to Drink Milk?

Raghav Patel

For the past four years I have adopted a vegetarian diet, where I don’t eat the meat of any animal, and over the past few dairycowwwyears I have begun to see many other people, from friends and family to also acquaintances that tell me that they have become vegetarians as well. In the United States the rate of people adopting a vegetarian/vegan lifestyle grows every year, showing that there is a increasing awareness to the issues that come with farming livestock. There are several reasons for why people turn to a vegetarian diet, and that may be for the health benefits associated with a vegetarian diet, or for the reasons that raising animals bring on a host of environmental issues, but I’d like to focus on the reason why I and many others choose to be a vegetarian, and that is the ethical issues of eating meat. For the people that abstain from eating meat because they do not want to promote the suffering or killing of any animal.

I understand people go even further than a vegetarian diet and adopt a vegan lifestyle where they won’t use any products derived form animals including leather, but there are those people that believe they are helping animals by simply not eating them. I don’t mean to diminish any good that comes from believing this, but I also want people to understand that the suffering of an animal only continues as it grows older on these livestock farms, either because a cow is pumping out milk for its whole life or because a chicken is popping out eggs continuously, which is just as cruel for its own reasons. Killing the animal is terrible by all means, but the continued exploitation and abuse that an animal suffers while it’s alive is just as bad, if not worse.

dairy-cow-giant-udder-I say it may be worse because dairy cows live their entire lives facing a host of issues, such as being pumped with hormones and antibiotics, living under horrible conditions, and from the psychological abuse they endure; just so we gain something from the cows that we don’t necessarily need. While killing an animal ends its life, it at least stops the immediate pain and suffering that the animal experiences while it is alive and being exploited for what it produces. For a dairy farm to be efficient it needs to continuously produce milk from all of its cows, and like humans, cows only produce milk once they are pregnant. This typically requires that the dairy farmer constantly impregnate the cow (using artificial insemination) so that it can constantly produce milk that it would have given its new born calf, except that the calf shortly after birth is taken away from its mother, and even worse is if the calf is male it is sold and then slaughtered to produce veal. To Continue reading

Cecil and Obie: Owning animals, dead or alive

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Photo from Care2 petitions – click image

Kathleen Stachowski     Other Nations

Cecil the lion is dead, long live Cecil. Obie the tiger lives–and dies–in successive purgatories for 45 years running.

Cecil, a unique individual and beloved personality, was slain by a small and hollow man for no reason other than ego. This one “special” lion’s death triggered a tipping point and unleashed worldwide condemnation.

And then there’s Obie, one beloved football mascot who has required a veritable breeding mill to produce the 45 individuals who’ve served as namesake. Make no mistake–it’s the mascot who’s beloved, not the unique tiger cub plugged into the role annually. Old Obies live and die in obscurity as wild captives no longer cubbishly cute, as now-dangerous adults consigned to–well, who knows? Who cares?   Continue reading

The Community Impact of CAFOs

Stop the Wysocki Factory-CAFO Farm

Seth Victor

Saratoga, WI is a small town in central Wisconsin. Set on the banks of the Wisconsin River, this community of a few thousand people is likely not a major destination for tourists roaming through the state, but by all appearances it seems a typical mid-western settlement from the 19th century that evolved into a small town befitting a Prairie Home Companion yarn. It is also the setting of an ongoing fight between the community and a proposed CAFO, one that has drawn intense public ire. Continue reading

50 Millions Deaths is an Acceptable Cost of Business

Seth Victor

I’ll keep this short and sweet, because we’ve made this point on the blawg several dozen times. NPR reports that the recent outbreak of H5N2, or Avian Flu, has caused economic hardship for American farmers, to the point that the USDA is importing eggs from the Netherlands to meet demand.

Although it is mentioned in the lead paragraph, the fact that nearly 50 million chickens and turkey have been slaughtered to stem the virus is played off like any other economic number. As you read the article, look at the wording: these animals have been “destroyed,” not “killed” or “slaughtered.” The rest of the article is about the business model and bottomline consequences. It might as well be about how many iPhones had to be recalled for defective touch screens. These aren’t living things, remember; they’re just animals, cogs in the machine. Nowhere in the article is any suggestion that this outbreak could be avoided by not housing birds in CAFOs in the first place, save for one link that claims humans might be spreading the virus by entering CAFOs. Instead, the US government has taken the position that this virus is the fault of wild birds. Any guesses as to which lobbying group might have had a hand in that statement?

We. Can. Stop. This. H5N2 is not some mystery beyond comprehension. It is a result of the way we raise farmed birds. Stop purchasing eggs and meat from CAFOs, and they cannot exist without your dollars. It really is that simple.

Win a few, lose a few: Animal fighting, commercial breeding get another pass

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Dog fighter in training (ASPCA photo) – click for story

Kathleen Stachowski   Other Nations

Seventy percent of U.S. adults have a favorable opinion of the animal protection movement–so says recent research–which leads me to think that the other 30% serve in the Montana legislature. Animals lost what should have been a couple of slam-dunks during the 2015 biennial session, but that’s not unusual in a state where the unofficial motto might be “if it’s brown, it’s down; if it flies, it dies; if it hooks, it cooks.” Wildlife are under constant siege from arrows, bullets, hooks, and traps, while laws protecting companion animals don’t have a prayer if they can be twisted–no matter how remotely in the exploiters’ minds–to hold rodeo and animal agriculture to some minuscule standard of decency.   Continue reading

Ringling Bros. Retires Circus Elephants

Seth Victor

As many of you may have already heard, Ringling Bros. is retiring elephants from its act and focusing on caring for elephants in a conservation center. Wayne Pacelles of HSUS described this move as a “Berlin Wall moment for animal protection,” and attributed the change to the evolving public opinion surrounding animal welfare, including the outcry that came on the heels of Blackfish and the treatment of orcas at Sea World. The termination of elephant performances has been long-sought by PETA.Photography-Elephant-Wallpapers

The media reaction, perhaps unsurprisingly, is a bit divided regarding Ringling Bros’s decision. An op-ed in the New York Post believes that the circus’s “craven capitulation to PETA will only embolden zealots to agitate for elimination of all circus animals — if not eventually to bestow upon all living creatures the same “inalienable rights” as humans,” and goes on to state that without exposure to animals via a circus, most people will not form a connection with the animals, and will thus not care to save them in the wild. The L.A. Times also notes that many people feel the elephants are an iconic part of the joy of the circus. Meanwhile op-eds in the New York Times range from echoing the Post to refuting the sentiments of the circus sympathizers. Continue reading

Progress at the Cost of Our Humanity

Seth Victor

The New York Times this week published an investigation into U.S. Meat Animal Research Center, and, perhaps predictably, the results are disturbing. I heartily suggest reading the whole article, but for those in a rush, here are some of the interesting takeaway points:

  • U.S. Meat Animal Research Center is pioneering ways to produce meat more efficiently and cheaply via re-engineering farmed animals through surgery and breeding techniques
  • In pursuing this research, animal welfare has taken a backseat. For example, since 1985, 6,500 out of the 580,000 animals the center has housed have starved. 625 have died from mastitis, an easily treatable infection.
  • Nearly 10 million piglets have been crushed by their mothers each year, not because this is what mothers naturally do, but because they are being forced to have larger litters of weak piglets, and the mothers themselves are artificially larger, kept alive longer to reproduce.
  • For thirty-one years, the Center worked on genetically modifying cows to regularly produce twins, noting that single births were not an efficient way to produce meat. By injecting cows with embryos from other cows that birthed twins, and then injecting them with semen from bulls who sired twins, the Center produced cows that have a 55% chance of having twins, when naturally the chances are 3%. Many of the female calves of twins are born with deformed vaginas, and the artificially large wombs create birthing problems even for single calves. Over 16% of the twins died.
  • Thirty to forty cows die each year from exposure to bad weather, not including storms, in which several hundred more die.
  • 245 animals have died since 1985 due to treatable abscesses.
  • In 1990, the Center tried to create larger lambs by injecting pregnant ewes with an excessive amount of male hormone testosterone. Instead, the lambs were born with deformed genitals, which made urination difficult.
  • In 1989, the Center locked a young cow in place in a pen with six bulls for over an hour to determine the bulls’ libidos. The industry standard is to do this with one bull for fifteen minutes. By the time a vet was called, the cows hind legs were broken from being mounted, and she died within a few hours.
  • The scientists charged with administering the experiments, surgeries, and to euthanize do not have medical degrees. One retired scientist at the Center was quoted saying, “A vet has no business coming in and telling you how to do it. Surgery is an art you get through practice.”
  • “The leaner pigs that the center helped develop, for example, are so low in fat that one in five females cannot reproduce; center scientists have been operating on pigs’ ovaries and brains in an attempt to make the sows more fertile.”
  • Regarding oversight, “A Times examination of 850 experimental protocols since 1985 showed that the approvals [for experiments] were typically made by six or fewer staff members, often including the lead researchers for the experiment. The few questions asked dealt mostly with housekeeping matters like scheduling and the availability of animals.”
  • “The language in the protocols is revealing. While the words “profit” or “production efficiency” appear 111 times, “pain” comes up only twice.”

Continue reading

Pony rides: Service…or servitude?

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Photo: LA Progressive – click image

Kathleen Stachowski   Other Nations

ex-ploi-ta-tion (noun): the action or fact of treating someone unfairly in order to benefit from their work.

Animal exploitation comes in many shapes and sizes and often involves soul-crushing cruelty–think factory farming, circus slavery, vivisection.

But is exploitation always cruel? What constitutes cruelty, anyhow? And who defines it? If you’re the animal, these questions are meaningless: When you’re suffering–whether physically, emotionally, or both–you simply want it to stop. If you’re the animal rights activist, your definition of what’s exploitive and cruel is holistic and vastly broader than that of the person who “owns” animals–ponies, for example–and benefits financially from their work in the pony ride ring. Though they might be well cared-for, is their forced labor unfair? Is it cruel? Is it OK because they’re valued and loved? Just like the tethered ponies, this argument goes ’round and ’round.

Continue reading

Carriage-Horses and the Soul of the New York City: Have we destroyed the charm?

Christine Murphy

For some, the vision of a horse-drawn carriage is romantic, with a charm that cannot be matched.

“Horses have walked the streets of New York since the seventeenth century—Broadway was actually carved by them—and for generations they’ve been cherished mascots of tradition, reminding us that for all the ways the city changes, it never completely burns away its layered soul of New Amsterdam hustle, Revolutionary-era imperiousness, and Gilded Age Image for second blog postgentility.”-New York Magazine

             But the reality is that once we stop and think about the horses used in this industry, it’s downright cruel. Should these animals have to endure intolerable conditions purely for our entertainment?

The New York City Administrative Code has regulations Continue reading

Compassionate Killers

Nicole Miraglia

The idea of going back to the basics for self-sufficient living is hardly new, but many people are choosing to do just wackikiwabbit_5598that for a variety of reasons and in various levels of commitment. In 2011, Facebook creator, Mark Zuckerberg, pledged to  eat only animals that he killed himself. Although his personal challenge lasted just one year, it sparked an interest of living off the land for many. The Eat What You Kill Movement has supporters from survival, nutritional, and ethical standpoints. Survivalists argue that self-sufficient living allows one to rely and live off of the land, completely independent from societal norms such as trips to the local supermarkets. Those following the trend for nutritional purposes, such as Mark Zuckerberg and Joe Rogan, are attempting to avoid antibiotics and hormones commonly found in store bought meats. Ethical supporters of the movement believe that they are being compassionate to the animals they are eating. Continue reading

Animal Advocacy on the East Coast: the Mid-Atlantic Lyceum and the Mid-Atlantic Journal on Law and Public Policy

Jen Grunewald

The Mid-Atlantic Lyceum was started in 2011 in order to address issues in neglected fields of law, with a focus on animal law. The Lyceum also addresses disability issues specifically, issues affecting disabled individuals and service animals in general and in daily life. In MAJLPPlate October the Lyceum will announce a series of animal law forums that will take place throughout 2015. For example, the Lyceum hopes to launch a forum focusing on promoting health for both domestic animals and their human companions. The Lyceum is also currently in the process of setting up a Yelp-like review system that will be named Paws and Claws which will track access of places of public accommodations for the disabled and their service animals.  Continue reading

When Can an Animal be Seized as Evidence?

horses in pasture

Seth Victor

A provocative case came out of the Oregon Supreme Court two weeks ago addressing a warrantless seizure of a horse that was used to convict the defendants of animal abuse. As Animal Legal Defense Fund (ALDF) reports, in the consolidated cases of State v. Fessenden and State v. Dicke, the court held that an officer was acting in accordance with the exceptions to the warrant requirements when he observed a starving horse on defendants’ property and took the horse to a veterinarian for emergency medical attention. The defendants were later charged with animal abuse, but they contended that the seizure of the horse was in violation of their right to privacy, and as it was a warrantless seizure, the evidence (the horse) had to be suppressed.

Continue reading

On Eating Your Pets

Seth Victor

dog sandwich

An article caught my eye this morning about a man in New Mexico who was charged with a felony for extreme cruelty against a dog. The man allegedly stabbed his girlfriend’s dog in the heart, and then marinated the remains of the animal in preparation to cook it. While animal cruelty is a crime in New Mexico, eating dogs or cats is not, and if the defendant is successful in showing he did not act cruelly, there is no consequence for killing a companion animal for food.

These types of cases crop up every once in a while, often accompanied by outrage from some segments of the population over the wanton nature of the act. As always, since the law codifies our social voice, some states have put laws in place to discourage this kind of behavior. In New York, for example, one may not ” slaughter or butcher domesticated dog or domesticated cat  to create food, meat or meat products for human or animal consumption.”

Continue reading

5th Circuit Upholds Ban on Crush Videos

Seth Victor

Four years ago the US Supreme Court overruled Congress’s attempt to regulate “crush videos,” stating that the law was an impermissible, over-broad regulation of free speech. For more analysis of the decision, see here. Though the decision was distressing, it did not herald an end of attempts to regulate that particular form of animal cruelty; Congress quickly passed an amended version of the law, one that has yet to be tested before the Supreme Court.

Last week the 5th Circuit Court of Appeals reinstated criminal charges in the case of US v. Richards for video of animals being tortured to death by a suggestively dressed woman, holding that images of animals killed for sexual gratification are not protected forms of speech, and are in fact “obscene.” Obscenity is the key to the law; obscene speech does not have the same protections as common speech, and can be regulated. Additionally, the 5th Circuit rejected an argument that the law is unconstitutional because it unfairly targets a narrow type of obscenity (here, animal cruelty), holding that particular categories of obscenity may be targeted based on their socially harmful secondary effects.

This is the first legal test of the amended law, and animal advocates have to be happy with the direction the case took at the appellate level. The court held that the law does serve a “significant interest” of preventing violence against animals, and is “reasonably tailored” to meet that interest. The 2010 version does not apply to the slaughter of animals for food, hunting, or agricultural husbandry practices, which helped it survive the “over-broad” challenge. If the Supreme Court ends up granting certiorari (it’s unclear at this point if the defendants will push it that far), it will be very interesting to see how the 5th Circuit decision holds up against US v. Stevens.

 

 

 

 

Someone else’s trash: Rez dogs saved; rez dogs lost

Kathleen Stachowski   Other Nations

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Dumpster pups reunite; M. Greener photo, Bozeman Daily Chronicle

From tragic to jubilant in eight short words: “Puppies left to die in garbage bin reunited.” The headline pulls you into the story–you already know it ends well–but still, you have to confront the fact that someone callously trashed a box of 10 newborns during a frigid Montana winter. Instead of freezing to death, the babies–some had not yet opened their eyes–were rescued by RezQ Dogs (websiteFacebook), a volunteer rescue operation “committed to helping the unwanted and abandoned dogs from the Fort Belknap and Rocky Boy Indian reservations” in north-central Montana. Tiny Tails K-9 Rescue (websiteFacebook) stepped in to help, and the rest is happy history.  Continue reading

The ‘Blackfish Effect’ at Work: Freedom for Orcas from SeaWorld San Diego?

Spencer Lo

Blackfish, an eye-opening documentary about the devastating consequences of keeping orcas in captivity, premiered a little more than a year ago, and since then, the remarkable outrage and debate it inspired has created waves of black lash against SeaWorld, from visible protests of the institution to successful pressures that resulted in embarrassing cancellations of scheduled musical performances. The ‘Blackfish Effect,’ with its growing momentum, will only continue. But how far will it go, and is real, tangible change for captive orcas achievable in the near future? Maybe yes—there is certainly good reason to hope. Continue reading

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