ANIMALS USED FOR AGRICULTURE: WHAT IS THERE TO HIDE?

Christine Murphy

In some states, the act of entering onto another’s property and recording undercover videos revealing animal cruelty on farms is illegal. At first glance, this is understandable as everyone has an interest in their own property rights. But there’s a catch. What happens when the activities carried out Image for first blog poston that land are not only illegal, but affect on society as a whole? Farm animals are slaughtered everyday and used for food, cosmetics, and even clothing products which enter the economy and are then provided to us for our use and consumption. The treatment of these animals before slaughter is horrifying, and yet this industry seems to be protected from revealing this information from the public.

In seven states today, ag-gag laws exist. These laws prohibit individuals from entering an animal or research facility to take pictures by photograph, video camera or other means with the intent to commit criminal activities or defame the facility or its owner.

In Animal Legal Defense Fund et. al. v. Otter et. al., the Plaintiffs challenged Idaho’s ag-gag law Continue reading

Environment, Ethics, & the Factory Farm

David Cassuto

PigletBitingCagelgOnce again, the Shameless Self-Promotion Desk whirs into action.  This new piece, forthcoming in the South Texas Law Review, is a transcription of a lecture I gave there last spring.  Here is the abstract:

What are the ethics behind factory farming? What are the ethical implications? This essay (transcribed from a lecture given at the South Texas College of Law) focuses on the environmental implications while defining those environmental implications through the lens of animal law and ethics.

Farms have become factories, and the animals raised in those factories are simply commodities. That is why we cannot have a discussion about Continue reading

The Ag-Gag World — Where Victimizers are the Victims

David Cassuto

We’ve spent considerable blawgwidth here on Ag-Gag laws, with more doubtlessly to come.  Recently, I’ve been asked to speak and blog about the issue a fair bit and from that emerged the following post.  It is or will be posted in some places where people are less familiar with the issue.  (I’ll update with links)

ag-gag-factory-farming-1Agricultural animals are not covered by the federal Animal Welfare Act.  Many states also exclude them from their anti-cruelty laws.  As a result, they have virtually no legal protections and spend their short lives in horrific misery before being turned into salable flesh (or, in the case of laying hens, into compost).  However, there are a few federal regulations that still apply and some states do not exempt them from cruelty protections. The most powerful force for animal protection, though, is public outrage.  Most people do not know how animals are treated in agriculture and are outraged when they learn.  Consequently, activists sometimes chronicle some of the more egregious abuses in undercover videos.  The videos themselves document everything from standard procedures in factory farms to deliberate, conscience-shocking acts of sadism.

Faced with these abuses, how have state legislatures reacted?  By turning the videographers into criminals.  People who expose the animal abuses now face draconian penalties and felony status.  So-called “Ag-Gag” bills have become law in a dozen states with several more poised to make the leap.  Under one proposed law, named the Animal and Ecological Terrorism Act  (you can’t make this stuff up), those convicted of documenting animal abuse at agricultural facilities would potentially face felony charges and have their name added to a “terrorist registry.”  Continue reading

Hot, Crowded & Legal

David Cassuto
Here’s a teaser from my forthcoming piece, “Hot, Crowded & Legal: A look at Industrial Agriculture in the United States and Brazil.”  The article is co authored with the fabulous Sarah Saville (Pace JD 2012) and will appear in the Animal Law Review.  The article is based on a talk I gave at the Review’s Inaugural Symposium in Fall 2011.

This essay examines the impact of industrial animal agriculture in the United States and Brazil.  It surveys the respective regulatory environments in the two countries and discusses how their regulatory regimes have enabled the spread of factory farming while taking little heed of its pernicious effects.  We focus on the United States and Brazil for several reasons.  First, they are the first and eight largest economies in the world, respectively.  Second, both countries have very large agricultural sectors and play significant roles internationally.  In addition, both countries have begun to address the issues raised by factory farming while yet having much work yet to do.  

Continue reading

The Troubling Path from Pig to Pork Chop

By ANDREW C. REVKIN (x-post from Dot Earth Blog)

In a Mother Jones post, Tom Philpott has aptly summarized the issues raised by a new Humane Society of the United States investigation and video report on the conditions in which pigs are propagated by two big Oklahoma pork suppliers:

The remarkable thing…is how banal it is. No illegal acts like “downer” animals being forced down the kill line with fork lifts, or getting their brains bashed in with a pickax. What we have here is the everyday reality of pigs’ lives on a factory farm, without regulations flouted or spectacular violence committed. It is abuse routinized and regimented, honed into a profitable business model. [Read the rest.]

The Humane Society findings focus on the practice of keeping pregnant sows for months in cages barely bigger than the animal. The group’s Web site notes that laws banning gestation crates have been passed in eight states – Ohio,ArizonaCaliforniaColoradoFloridaMaineMichigan, and Oregon – with bills pending in Delaware, Rhode IslandNew Hampshire, Connecticut,MassachusettsVermont, New Jersey and New York.

The group credits many retailers — including Burger KingWendy’s,Subway and Safeway – for moving away from producers that use gestation crates.

6:33 p.m. | Updated below | The Oklahoma Pork Council told the state’s KTOK radio station: Continue reading

Environmentalism & Factory Farming

David Cassuto

Good article in GOOD Magazine on environmentalism and industrial agriculture featuring an interview w/me.

Brasilia and Now Ghent (Belgium) — Still Talking Climate Change & Agriculture

David Cassuto

So here I am on a plane again – this time to Belgium on my way to the Colloquium of the IUCN Academy of Environmental Law, which is taking place in Ghent.  I’m back in steerage this time; no business class for our hero.  I swore I would never go back but here I am.

Amidst all the hubbub, I need to recap my time in Brasilia even as I head for Europe.  Brasilia was a very interesting time and I once more want to reiterate my gratitude to the U.S. State Department for making my time in Brazil so rich and rewarding and for taking such good care of me.  This was my first time in Brazil’s capital and I enjoyed it – from the stunning architecture to the fact that the city is laid out like an airplane.  In addition to speaking at private university (entirely successful and well-attended), I lectured also to a government think tank called IPEA.  There, I encountered probing questions from a very informed audience.  When I mentioned the idea of treating meat consumption as a luxury for purposes of regulating and taxing carbon emissions, one of my hosts asked what I thought of the idea of a “meat cap.”  Not only is it an intriguing notion about which I need to think more, but so much do I love the term that even if it were a completely wacky idea, I would probably support it anyway.                    Continue reading