A Look Back at 2024 in Animal Law, Policy, Welfare, and Advocacy

This is our 10th annual list. As with earlier lists, it will be a mixed and complicated picture for animals. Unlike many other years, there is also a sense of trepidation with the new Administration returning to D.C.

Remember: always keep advocating. Don’t let the negative news overwhelm you. Keep on an even keel. Be strategic. Look at the big picture. Look for ways to work with others.

The list has three parts:

  • 2024 Major Themes
  • What We’ll Be Watching in 2025
  • Last year’s list of “What We’ll Be Watching” (with Updates)

Please check out our social media and e-newsletters for updates throughout the year.

2024 Major Themes:

  1. Highly Pathogenic Avian Influenza (Bird Flu) spreads to dairy cows, milk, felines (both large and small) and humans. It continues to decimate commercial and backyard poultry operations, resulting in mandated “de-population” of the entire flock, by an inhumane procedure called Ventilation Shutdown.[i] cruel   USDA issues order requiring additional testing for and reporting of HPAI in livestock and milk[ii]. California’s governor proclaims a state of emergency to better respond to HPAI and on the same day, a person in Louisiana is hospitalized with the first severe human case of the virus.[iii] Michigan has been operating under a determination of extraordinary emergency declared by the head of the state’s agriculture agency on May 1, with new cases reported as recently as Dec. 30.[iv] The official response has elements of magical thinking, with reassurances that the risk to the general public is low.[v] Absent is any assessment of or inquiry into the role of industrial agriculture.[vi]
  2. Farm Bill / EATS Act. The Farm Bill is comprehensive federal legislation that shapes food and farming policy.  As of this writing, the country is operating under the 2018 version which expired in 2023 but has been extended by Congress several times, most recently in Dec. 2024 for a year. Political arguments about benefits to small farmers versus industrial operations, and the provision of food stamps, have stymied passage of a new 5-year bill. Also emerging as a hot-button issue is inclusion of the EATS Act into the Farm Bill. The House version does; the Senate does not. The EATS Act threatens state regulation of agriculture and food, including many animal welfare laws passed by the states.[vii] It’s aimed at California’s Prop. 12 which prohibits the sale of food products from farmed animals kept in confinement. Although Prop. 12 has been implemented, with no signs of dire consequences predicted by major industrial ag interests, it is still a top target in Washington DC.[viii] This month’s extension did not include any EATS Act language.    
  3. Industrial Agriculture’s Long Shadow[ix] Continues, confirmed by the Feb. 2024 release of the USDA’s Census of Agriculture[x]. The data showed further consolidation and less diversity among farmers.[xi] Perhaps less expected, and not given much press, is that the U.S. has imported more food than it exported in 3 of the last 5 years.[xii] This belies the claim made by industrial agriculture proponents that their industry feeds the world.  The Animal Welfare Institute released a report this year [xiii] detailing the continuing weak enforcement of state farmed animal welfare laws even though enforcement would have major impact on the animals’ lives. For those interested in the topic, we recommend the Vox series on Factory Farming.[xiv]    
  4. Greenwashing is defined by the Cambridge Dictionary as “behavior or activities that make people believe that a company is doing more to protect the environment than it really is.” The term has been used for many years, but in 2024 it seemed to cover a variety of laws and policy initiatives supported by progressive politicians and policymakers. Examples:
    1. Michigan SB 275 would create a so-called “Low Carbon Fuel Standard” by using CAFO-derived manure. Pushed by big ag, big energy and big utilities, it would incentivize the growth of CAFOs. AFA worked with coalitions to defeat the bill, and we saw first-hand how legislators were taken in by the claims. As a coalition member said, SB 275 “represents a huge corporate giveaway, masquerading as a piece of climate legislation.”[xv]   Fortunately, the bill did not receive a committee hearing and died at the end of the legislative session.
    1. Also in Michigan, after litigation that went to the state supreme court, the environmental agency was able to draft new rules to protect water from CAFO manure. However, a bi-partisan group of legislators was unhappy because the rules provided too much regulation for so-called clean energy programs promoted by the legislators.[xvi]  
  • The well regarded Environmental Working Group released a report uncovering so-called “climate smart” programs funded by USDA with taxpayer dollars that likely don’t help the environment.[xvii]
    • Even land-grant universities are getting into the act by promoting as climate friendly dubious practices, and have a long history of partnering with Big Ag.[xviii]
    • On a more positive note, the Brazilian Agribusiness giant, JBS, is running into roadblocks in the US. The New York Attorney General has sued the company for misrepresenting the environmental impact of their products, saying: “JBS USA’s greenwashing exploits the pocketbooks of everyday Americans and the promise of a healthy planet for future generations.”[xix] Another lawsuit is challenging JBS in connection with its SEC filings to increase business in the US.[xx]
    • Even the trophy-hunters are engaging in greenwashing, rebranding it as a contribution to social justice, relieving poverty, and a solution to human-wildlife conflict in the African communities where they ply their “sport.”[xxi]
  • Tactics of pro-hunt groups to drive out moderate voices on state wildlife commissions. This is a litigious society, and that includes pro-hunting groups. In addition to adopting greenwashing messaging, they have gone to court to challenge commissioners – and decisions – not to their liking. In Michigan, a Natural Resources Commission decision to limit coyote season to avoid hunting during denning season, drew sharp rebukes from the hunting community, and a lawsuit.[xxii] The Sportsman’s Alliance took a case to the Washington Supreme Court and was successful in removing a commissioner who also served as a local elected official.[xxiii] In Colorado, two commissioners were sued by national pro-hunting organizations claiming a violation of the Open Meetings Act, alleging the two discussed and collaborated unlawfully about an OpEd in which the two expressed personal support for a ballot measure to limit hunting of certain predators (The CAT Act did not pass).[xxiv] In Michigan, one commissioner resigned (with rumors of bullying) and one commissioner chose not to run for another term.     
  • Carnivores / Wolves continue to provoke controversy. This year was not particularly good for these species, and with the new Trifecta in the White House and Congress next year, 2025 does not bode well.
    • In February, Fish & Wildlife Service rejected a petition to restore wolves in the Northern Rockies to the Endangered Species Act[xxv]; and in September the Biden Administration weighed in to support de-listing of other wolf populations.
    • FWS also announced plans to develop a nationwide wolf plan, and to form a stakeholder group to dial-down the temperature between differing groups. The latter is being formed.
    • The FWS has been ordered to decide on a petition to de-list grizzly bears (currently listed as “threatened”) in the Greater Yellowstone Ecosystem, by Jan. 20, 2025. If de-listed the 3 states bordering the federal lands will almost certainly begin hunting seasons.  
    • One of the most compelling and troubling stories of the year uncovered a practice common in rural Wyoming of running down wolves and other predators with snowmobiles. A female wolf was run over but not killed. Her tormentor took her to a bar for hours, and finally killed her. When this was reported, he received a $500 fine. Because of pictures from the bar, the incident spread worldwide, sparking outrage and a demand to change laws to provide appropriate punishment. At this writing, it appears the state is unwilling to outlaw the use of snowmobiles as weapons but will add a proviso that the animal must be killed outright by the vehicle. This decision reflects opposition to reform by sportsman and farming/ranching interest. A bill was introduced in Congress, however, to ban the practice on federal lands.[xxvi]
  • Federal (Animal Welfare Act) and State Violations: a Rogue’s Gallery and Spotty Agency Enforcement
    • In a major development, Envigo was ordered to pay $35M in fines and costs as a result of AWA and environmental violations at its VA facility where it bred beagles for research. The facility was shut down in 2022, and about 4,000 beagles were released to HSUS to coordinate adoptions nationwide.[xxvii]
    •  SeaQuest’s business model was to put interactive displays of fish into malls. Complaints about animal welfare emerged, many outlets were closed, and the company filed for bankruptcy. In December, the company received a warning of potential AWA violations.[xxviii]
    • Virginia’s Natural Bridge Zoo: in a case handled by the state AG’s Animal Law Unit, authorities seized nearly 100 animals in late 2023. Four months later, a jury ruled that the State would be required to return 29 of those animals, but the seizure of the other 71 was justified. The zoo has been ordered to pay almost $200,000 for the care of the seized animals. There is also an ongoing criminal investigation, according to the Attorney General’s Office. As of this writing, some of the animals have been transferred but at least some giraffes are still at Natural Bridge because they are pregnant and may not be able to handle the change.[xxix] 
    • Alpha Genesis, a primate research center in S.C., was in the news in November when 43 of its monkeys escaped from the facility. The company has had issues with AWA compliance in the past, and USDA confirmed they are currently investigating a complaint.[xxx]
    • Chimp Crazy didn’t get the attention that “Tiger King” did in the early days of the pandemic, but it sparked interest in banning primates as pets, and attention the a bill in Congress, the Captive Primate Safety Act, to be re-introduced next session.[xxxi]  
    • ASPCA Enforcement Report for dog breeders released in Feb. found 400 instances of reported violations, but only 4 cases resulted in action by USDA.[xxxii] 
  • Politics
    • In a pre-election Opinion article in the Atlantic, [xxxiii] the author details the “bizarre run of stories about animal abuse.”
    • The Presidential Election and the 2nd term of Donald Trump
    • In Michigan, the end of the “Trifecta” as the House will be in Republican hands, with disappointment (even anger) at the Democrats’ inability to get more bills passed during “lame duck” session.
    • Optimistic article, “A Political Movement for Animal Rights is Coming,” by Wayne Hsiung in Current Affairs.[xxxiv]   

What We’ll Be Watching in 2025

  • There’s much uncertainty now; will it be resolved?
  • Regulations/administrative law, what it could mean to farmed animals, wildlife.[xxxv]
  • Congressional Review Act activity; the act allows Congress to overturn agency rules within 60 congressional session days of when a regulation is finalized and sent to the Capitol[xxxvi], although we’ve noticed this year a version of “Obeying in Advance,” when the Administration withdrew the proposed BIDEH rule which would apply the principles of biological integrity, diversity, and environmental health of the National Wildlife Refuge System. It was opposed by farmers, ranchers and sportsmen and a bill, HR 8632, was introduced in Congress that would ban FWS from finalizing the rule[xxxvii]  
  • The Endangered Species Act: how far will the new Congress go in rolling back protections? The ESA Amendments Act of 2024 was widely denounced by advocates; will it now pass?[xxxviii]
  • The new organic rules for livestock will take effect in 2025; this is the first time the welfare of animals on the farm has been regulated by the federal government.[xxxix]
  • Will we see more of the following by advocates (with examples from 2024)?
    • Petition for rulemaking[xl]
    • Private Criminal Complaints[xliii]  

UPDATES: 2023 List of “What We’ll Be Watching”

  1. Non human Rights Project lawsuit for a writ of habeas corpus on behalf of seven chimpanzees held at the DeYoung facility in Michigan’s Upper Peninsula UPDATE:
    1. AFA filed Amicus Brief in July in the Michigan Court of Appeals
    1. Case to be scheduled for hearing after late January 2025
    1. Will new voices that speak out for animals, continue to be heard by the Michigan Legislature?
    1. Will the Natural Resources Commission, the Michigan Commission on Agriculture and Rural Development, and the agencies they govern, become more open to challenges to the status quo
    1. Wildlife Crossings: there is money available for them, and they may be able to bridge the gap between people who have differing views of wildlife  UPDATE: continues to receive bi-partisan support, Michigan has received a federal grant to study where most wildlife collisions occur; first such grant which have mainly been given to Western States
    1. Gray Wolves: we expect an announcement from USFW in February 2024 about next steps. Will they propose a nation-wide plan? Will they again seek delisting? Will Michigan take steps to prevent a trophy hunt?
    1. New methods of factory farming that are cruel to millions, billions and trillions more animals   Updates: Octopus bans in 2 states (WA, CA); bill introduced in Congress to ban commercial farming in US, imports from abroad.[xliv]

HPAI

[i] https://www.vavsd.org/about

[ii] https://www.aphis.usda.gov/sites/default/files/20241205-federal-order-final.pdf, Federal Order Requiring Additional Testing for and Reporting of Highly Pathogenic Avian Influenza (HPAI) in Livestock and Milk, issued by USDA, Animal and Plant Health Inspection Service under authority granted by the Animal Health Protection Act (AHPA), as amended, 7 U.S.C. § 8301 et seq., on Dec. 6, 2024

[iii] https://www.npr.org/2024/12/18/nx-s1-5233110/bird-flu-first-severe-human-case-cdc-louisiana

[iv] https://www.michigan.gov/mdard/about/media/pressreleases/2024/12/30/highly-pathogenic-avian-influenza-detected-in-jackson-and-ottawa-counties

[v] https://www.cdc.gov/bird-flu/spotlights/h5n1-response-11152024.html#:~:text=CDC%20Recommendations&text=People%20should%20also%20avoid%20exposures,H5N1)%20virus%2C%20if%20possible.

[vi] https://planetdetroit.org/2024/07/opinion-bird-flu-offers-a-wake-up-call-for-michigan-agriculture/

Farm Bill

[vii] https://www.foodandwaterwatch.org/2024/05/24/eats-act-farm-bill/

[viii] https://investigatemidwest.org/2024/03/06/with-californias-prop-12-now-law-pork-producers-adapt-while-lobbying-groups-continue-to-fight/?utm_source=The+Midwest+Center+for+Investigative+Reporting&utm_campaign=f09506b4f8-Lumpkin_FarmworkersPesticides_COPY_01&utm_medium=email&utm_term=0_8f86e0c196-f09506b4f8-370095007&ct=t(EMAIL_CAMPAIGN_4_14_2022_14_38_COPY_01)

 Industrial Agriculture

[ix] Taken from the title of a 2006  U.N. report, “Livestock’s Long Shadow,” about the environmental impact of industrial agriculture.

[x] https://www.nass.usda.gov/AgCensus/

[xi] https://investigatemidwest.org/2024/02/16/latest-farm-data-a-wake-up-call-as-midwest-farmers-face-ever-steeper-challenges/?utm_source=The+Midwest+Center+for+Investigative+Reporting&utm_campaign=6843d842d0-Lumpkin_FarmworkersPesticides_COPY_01&utm_medium=email&utm_term=0_8f86e0c196-6843d842d0-370095007&ct=t(EMAIL_CAMPAIGN_4_14_2022_14_38_COPY_01)    

[xii] https://www.marketplace.org/2024/02/14/american-farm-consolidation-trend-farmers/ and https://www.marketplace.org/2024/01/16/u-s-agricultural-trade-deficit-could-grow-to-record-high/#

[xiii] https://www.legalreader.com/weak-enforcement-of-state-farmed-animal-welfare-laws-continues/  https://www.awionline.org/sites/default/files/uploads/documents/24-Enforcement-State-Farmed-Animal-Welfare-Laws.pdf

[xiv] https://www.vox.com/press-room/365690/vox-launches-in-depth-exploration-of-factory-farming

Greenwashing

[xv] https://www.farmforward.com/news/press-release-so-called-low-carbon-fuel-standard-bill-will-make-michigans-environment-worse/  

[xvi]https://www.circleofblue.org/2024/world/michigans-new-rules-to-protect-water-from-manure-attacked-by-lawmakers/

[xvii] https://www.ewg.org/researc h/many-newly-labeled-usda-climate-smart-conservation-practices-lack-climate-benefits        

[xviii] https://ag.ny.gov/press-release/2024/attorney-general-james-sues-worlds-largest-beef-producer-misrepresenting, Feb. 28, 2024   

[xix]https://podcasts.apple.com/fi/podcast/animal-law-podcast-110-will-jbs-investors-get-the/id1023904573?i=1000663912402&l=fi  See also, https://vermontbiz.com/news/2024/june/19/vt-law-sec-complaint-alleges-deception-jbs-and-pilgrims-pride

[xx] https://therevelator.org/greenwashing-social-justice-trophy-hunting/?utm_source=rev&utm_medium=email&utm_campaign=rev346&emci=726e0744-e4bb-ef11-88d0-000d3a9d5840&emdi=a0e520ea-19be-ef11-88ce-0022482a93af&ceid=1891393

Wildlife Commissioners

[xxi]https://www.freep.com/story/news/local/michigan/2024/03/15/shortened-coyote-hunting-season-protect-pups/72986536007/

[xxii]https://sportsmensalliance.org/news/sportsmens-alliance-wins-case-in-washington-supreme-court/

[xxiii] https://www.postindependent.com/news/hunting-advocacy-groups-sue-colorado-parks-and-wildlife-commissioners-over-mountain-lion-op-ed-during-the-november-election/#:~:text=Wildlife%2FCourtesy%20Photo-,Two%20national%20hunting%20advocacy%20groups%20are%20suing%20the%20Colorado%20Parks,they%20violated%20open%20meeting%20laws.

Carnivores

[xxiv] https://www.yahoo.com/news/another-major-legal-battle-brewing-230928185.html

[xxv] https://wyofile.com/wyomings-legal-embrace-of-killing-wildlife-with-snowmobiles-triggers-federal-bill/

Animal Welfare Act

[xxvi] https://www.washingtonpost.com/dc-md-va/2024/06/04/envigo-beagles-rescue-breeder-fine/

[xxvii] https://kstp.com/kstp-news/top-news/usda-cites-seaquest-for-alleged-violation-of-federal-law-in-new-warning-letter/

[xxviii] https://www.onegreenplanet.org/animals/giraffes-in-legal-limbo-at-natural-bridge-zoo/

 

[xxx] https://www.wcnc.com/article/news/local/sc-monkey-center-investigation/275-9734f4ac-e41a-4f77-8fe2-26bbd7ed46d4

[xxxi] https://awionline.org/press-releases/chimp-crazy-docuseries-highlights-urgent-need-federal-ban-pet-primates

[xxxii] https://www.aspca.org/sites/default/files/usda_enforcement_report_fy23_2.23.24_0.pdf

Politics

[xxxiii] https://www.msn.com/en-us/news/world/the-animal-cruelty-election/ar-AA1to8i1, Helen Lewis

[xxxiv] https://www.currentaffairs.org/news/a-political-movement-for-animal-rights-is-coming, Nov. 22, 2024

What We’ll Be Watching in 2025

[xxxv]https://sentientmedia.org/supreme-court-case-protections-animals/; see also https://www.onegreenplanet.org/animals/august-2024-animal-law-update-a-redistribution-of-regulatory-power/

[xxxvi]https://www.politico.com/news/2024/02/19/deadline-biden-environmental-rules-00141383  

[xxxvii] https://www.govinfo.gov/content/pkg/FR-2024-12-19/pdf/2024-29236.pdf

[xxxviii] https://www.congress.gov/118/meeting/house/117586/documents/BILLS-118-HR9533-W000821-Amdt-097ANS.pdf

[xxxix] https://www.publicnewsservice.org/2024-08-09/animal-welfare/new-organic-rules-for-livestock-what-will-they-mean/a91735-1    

[xl] https://www.fsis.usda.gov/policy/petitions; https://awionline.org/press-releases/bill-introduced-prohibit-interstate-transport-vulnerable-livestock-and-improve

https://www.michbar.org/journal/Details/Whos-going-to-sue-A-look-at-environmental-citizen-suits?ArticleID=4818

[xli] https://ballotpedia.org/Berkeley,_California,_Measure_DD,_Prohibition_of_Livestock_Facilities_Measure_(November_2024)

[xlii] https://www.kake.com/animal-groups-seek-criminal-charges-against-kansas-based-meat-processing-company/article_9f3ed061-8adb-5bfe-858b-8cacc6617e0b.html; see also https://buckscountybeacon.com/2024/08/kingdom-provisions-pursued-for-acts-of-animal-cruelty-in-a-private-criminal-complaint-filed-in-bucks-county/; and https://www.animalpartisan.org/news/complaint-seeks-cruelty-firearms-and-nuisance-charges-against-slaughterhouse

Updates: 2023

[xliii] https://news.miami.edu/rosenstiel/stories/2024/08/the-octopus-act-a-push-to-protect-octopuses-from-the-dangers-of-commercial-farming.html