U of Maryland Clinic Wins Important Procedural Victory in Lawsuit Against Perdue

David Cassuto

A while back, I blogged on the attempt by members of the Maryland legislature to strip funding for the University of Maryland Environmental Law Clinic because of the clinic’s lawsuit (representing numerous plaintiffs) against Perdue and some local chicken producers.  The suit arose from the chicken operation’s  runoff  (allegedly) befouling the Chesapeake Bay.  Perdue spun the suit as an assault against family farming.  Members of the legislature flew into a tizzy and excoriated the clinic for helping its clients pursue their rights under the Clean Water Act.   Thankfully, rational minds prevailed and the threat to kill the clinic’s funding was itself killedContinue reading

Some Further Thoughts on Ohio

David Cassuto

I’m back in the northern hemisphere, missing the tropical juices and proximity to the beach but enjoying my family (human and non), my friends, and my deck with its accompanying martinis.  I’ve also been pondering the Ohio deal I blogged about before getting on the plane last week.  As you may recall, the ballot initiative in Ohio containing important agricultural reforms has been indefinitely postponed in exchange for a number of concessions.    Continue reading

Some Measurable Poultry-Related Success in the U.K.

David Cassuto

A while back, I relayed some info about the `Quash the Squash´ campaign by the RSPCA in the UK aimed at improving the lot of chickens.  Apparently, the campaign was/is very successful.  Despite the recession, British consumers are increasingly willing to spend more money on `higher welfare´chickens.  And, more importantly, they are buying less chicken in general.  Excellent trends, both.  Particularly the latter.  Read more about it and take a brief poll here.

Announcing “Our Hen House”

David Cassuto

Mariann Sullivan & Jasmin Singer

Mariann Sullivan and Jasmin Singer are two of the jewels in the crown of the animal advocacy movement.  Both women have labored tirelessly on behalf of the voiceless for many years and in many ways.  Now they have a new way.  Their new project is called Our Hen House and is much more than blog.  It is, in their words, “a central clearinghouse for all kinds of ideas on how individuals can make change for animals.”  Below is some skinny from an email blast inviting people to the site.  It is a great thing they’re doing.  But don’t take my word for it.  Go and see.  And then stay and help.

Dear Friends,

You might be wondering why you got this email. If you’d like, please click “unsubscribe” below, and please pardon the intrusion. But if you’re interested in learning about Our Hen House — a new project that we’ve gleefully begun — then read on… Continue reading

On Animals, Death & the Media

chickens-734793A Cal-Maine industrial egg facility in Texas caught fire last Thursday.  The facility was damaged but fortunately, no one was hurt.  Oh yeah, and 800,000 hens died.

Stephanie, over at Animal Rights – Change.Org, lays bare the media’s indifference to animals.

–David Cassuto

Large Eggs, Small Eggs, No Eggs

David Cassuto

This article about how the British Free Range Egg Producers Association encourages consumers to eat smaller eggs has been getting a fair amount of play (including this post at Feminist Law Professors).  The producers note that (for obvious biological reasons) it is harder and more painful for a hen to lay a large egg than a small or medium sized one.

One could hardly quibble with the notion that laying large eggs causes more stress to the hen.  It bears emphasizing, however, that this recommendation comes from the British Free Range Egg Producers Association.  Whatever one thinks of the efficacy of free range (some varying views, here, here and here), both in the US and abroad, the practice has at its goal a less stressful environment for the hens (though it still involves the mass killing of male chicks).  If one is consuming factory farmed eggs, the size of the eggs doesn’t matter a whit.  The hens that lay the eggs live in battery cage hell for as long as it takes for them to become utterly spent, following which they get discarded like garbage (except that there are so many of them it has created a disposal problem).  Worrying about egg size when the animals endure conditions whose cruelty defies the imagination is like worrying about a blood blister on a sucking chest wound.

Blogging from the Animal Moot

I blog from Cambridge, MA, where tomorrow the National Animal Law Moot Court Competition begins.  I have the honor of participating as a judge – something I have done for each of the last 5 years.  This year’s competition is sponsored by Lewis & Clark Law School’s Center for Animal Law Studies in collaboration with the Animal Legal Defense Fund (ALDF).  It is hosted (as it has been since its inception) by Harvard Law School’s Student Animal Legal Defense Fund (SALDF).  Law schools from all over the country will participate – a testament to the growing recognition of animal law as a legal discipline as well as to student interest in the field.  For the final round, Judges D. Brooks Smith of the 3rd Circuit, Susan P. Graber of the 9th Circuit and Lee H. Rosenthal of the Southern District of Texas will preside.

I’m delighted to report that Pace Law School will field teams in both the moot court and the closing argument competition for the second consecutive year.  Go teams!  My rooting interest aside (and, of course, I will not judge any rounds in which Pace is involved), this competition routinely features some of the best student advocacy it has ever been my privilege to witness.  This year will no doubt produce more of the same.

The moot problem involves the applicability of the federal 28 Hour Law (requiring that no animal be transported for more than 28 hours without food, water or rest) to chickens.  This is a live issue; a number of federal laws, including the Humane Methods of Slaughter Act and the Animal Welfare Act exclude birds from their coverage and the legislative history of the 28 Hour Law offers little clarity on the matter.  Another issue centers on whether the 28 Hour Law preempts state anti-cruelty statutes for animals involved in interstate transport.  It’s an interesting set of issues that require advocates to grapple both with the stark, unlovely reality of the animal transport industry and with the law’s apparent indifference to same.

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