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

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