Cecil the Lion: Will U.S. Laws Hold Trophy Killer Accountable

All around the world, people are outraged by the trophy killing of Cecil the lion, and not simply because he suffered needlessly for days, or because lions are charismatic animals, or even because a rich white American killed a much-loved member of a national park halfway around the world in the African nation of Zimbabwe. Why has Cecil reached our hearts when so many other animals are poached (and, animal advocates remind us, so many other animals suffer every day)? Why is everyone – from animal advocates to hunters to talk show hosts to the New York Times and the Guardian – so horrified by this brutal killing? The answer lies in freedom.

Screen Shot 2015-07-29 at 3.38.44 PMCecil, a 13-year old lion, lived safe in Hwange National Park in Zimbabwe under legal protection. But he was unfairly lured out of his refuge, tricked by poachers who tied a dead animal carcass to the back of a truck. Father to many cubs (who will likely now die), Cecil was an easy target while eating. Minnesota dentist and trophy-hunter Walter James Palmer then shot Cecil with an arrow. But Cecil suffered for 40 hours before he was tracked down, killed with a rifle, beheaded, and skinned. His body was left to rot in the sun.

His head—with its distinctive (and incriminating for the trophy-killer) black mane is missing, as is the now notorious Walter Palmer. Cecil wore a GPS tracking collar, as part of an Oxford University research project. Ironically, Oxford’s study challenges the ridiculous notion that killing animals incentivizes the public to conserve them (and conserve them for more killing, i.e. “hunting”). So it is simply beyond reason to believe Palmer didn’t notice that collar when he shot Cecil, twice, once using a crossbow scope and 40 hours later using a rifle scope, or when Palmer later skinned and decapitated the lion. Palmer is a marksman with at least 43 large game animals on his killing resume (according to the Safari Club International, who has now revoked Palmer’s membership), including a rhino, a lion previous to Cecil, a cougar, a leopard, a polar bear, and an illegally killed black bear (for which he Palmer was convicted). Damage to Cecil’s collar suggests 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.

NYS Bar Association Animal Law Writing Competition

David Cassuto

Attention Law Students:

ANNOUNCEMENT OF THE 2014 NEW YORK STATE BAR ASSOCIATION COMMITTEE ON ANIMALS AND THE LAW STUDENT WRITING COMPETITION

The Committee on Animals and the Law of the New York State Bar Association is very pleased to announce the Seventh Annual Student Writing Competition.  The deadline for submission is July 1, 2015.

The Committee on Animals and the Law was established to provide information resources for the New York State Bar Association’s members and the public about non-human, animal related humane issues, which arise from and have an effect upon our legal system.  This competition seeks to foster legal scholarship among law students in the area of animals and the law.  This competition provides law students with an incentive and opportunity to learn more about this area of law.

Law students (which include J.D., L.L.M. Ph. D., and S.J.D. candidates) are invited to submit to the Committee on Animals and the Law an article concerning any area of Animal Law.  All submissions will be reviewed by a panel of attorneys and other professionals practicing or otherwise involved in animal law.  The winner will be chosen in accordance with the attached rules.  The first place winner will receive $1,000. and a certificate of achievement.  The second place winner will receive $500. and a certificate of achievement.

NY SALDF Symposium

Andrea Rodricks

2015NYSymposiumJoin us for the 2015 SALDF New York Animal Law Symposium! The symposium is presented by the SALDF chapters of Pace Law School, CUNY School of Law, Columbia Law School, Yale Law School, Brooklyn Law School, and NYU School of Law, and is sponsored by the Animal Legal Defense Fund (ALDF). Register at http://www.brownpapertickets.com/event/1364349.

When: Saturday, April 18th, 2015 from 8:00 AM to 7:00 PM.

Where: Pace Law School
78 North Broadway
White Plains, NY 10603

Please join us for the first regional symposium of the New York area SALDF chapters. The symposium’s main topic is ag gag laws and factory farming, with a bonus “Hot Topics in New York” panel, which will include issues relating to carriage horses and captive exotics.

Featuring many ALDF speakers, including Director of Legislative Affairs Chris Green, Litigation Fellow Jeff Pierce, Of Counsel Justin Marceau, and Manager of Investigations T.J. Tumasse, Professor David Cassuto, and many more esteemed speakers from animal law related fields. For a complete list of speakers and the most up to date panel information, please visit our Facebook page at https://www.facebook.com/events/343435589190374/.

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

District Court Upholds the Right to Sell Foie Gras

gaggle-of-geeseSeth Victor

The blawg previously commented on the ongoing issues surrounding California’s ban on the sale of foie gras, particularly the idea of giving away foie gras as a “complimentary side” when selling some other food. Last week Animal Legal Defense Fund filed another suit in the battle, arguing that La Toque restaurant was illegally selling foie gras in violation of California’s Health and Safety Code § 25982.

The suit, however, is somewhat of a moot point. On January 7th the California District Court overturned the Health and Safety Code banning the sale of foie gras, granting partial summary judgment to the plaintiffs, among whom is Hot’s Restaurant Group, the aforementioned makers of the complimentary foie gras side. The District Court summarize the issue as “whether a sales ban on products containing a constituent that was produced in a particular manner is an “ingredient requirement” under Poultry Products Inspection Act (PPIA).” The plaintiffs argued that the PPIA preempts the Health and Safety Code. Judge Stephen V. Wilson agreed, and has enjoined the California Attorney General from enforcing the law. In summary, PPIA is a federal law that regulates the sale and distribution of birds and expressly prohibits states from imposing certain conditions on food and ingredients. Judge Wilson held that the Health and Safety Code, which is a state law, was in conflict with the federal law, and that the federal law must be held above state regulations. The “production” of including fatty liver in the sales of food is, apparently, an ingredient, and therefore must be regulated, with regards to foie gras, at the federal level.

Health and Safety Code § 25981, which bans the practice of force feeding a bird for the purpose of fattening the liver, was not before the District Court, and remains in effect. Also, there are several other facets of the plaintiff’s argument that were not granted summary judgment, including a Commerce Clause attack. The Commerce Clause argument and the remaining section banning “production” still presents an important argument, although the restaurants’ main challenge has now been overcome; Californian restaurants largely import all of their foie gras, thus the production bar will have a much smaller impact.

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