We present our annual coverage of all things animal law and advocacy in two parts. Part I is a list and discussion of a dozen notable stories that affected animals during 2018. In Part II, we will analyze developments, identify trends, and go out on a limb with some predictions.

This year has seen continuing, even increasing, push-back by advocates and attorneys against legislation and regulations designed to favor economic development at the expense of animals. The current administration’s priorities remain the same but are being challenged at every turn. We also have seen much progress on a state-wide level, with the notable exception of wildlife. 

Don’t see a story you think deserves attention? Contact us at info@attorneysforanimals.org; or message us on FaceBook. And check back for Part II, Trends and Predictions for other noteworthy stories, in the first days of January.

Links at the end of the article provide additional information.  

 

2018 Top Animal Stories

 

            “The Endangered Species Act is Itself Endangered”                                                         

–Union of Concerned Scientists

“The vote means that animals will no longer carry the legal status of ‘object,’ in the category of property and immobile goods.”

–Meaning of Brussels Parliament recognizing animals as sentient beings

  1. “Puppy Mill Bills” and other Puppy Mill news: a major story in Michigan throughout much of the year; in late December outgoing Gov. Rick Snyder vetoed 2 bills that would have resulted in more puppies from large scale breeders (“puppy mills”) being sold at the state’s pet stores. The bills would have set up meaningless and unenforceable state-wide standards for sourcing of puppies sold at Michigan pet stores and prevented local regulation of the pet stores. Animal advocates banded together and conducted a tenacious and ultimately successful campaign to defeat the bills. In other puppy mill news, the year saw:
    • three lawsuits filed against Petland Novi, two based on the sale of sick puppies (with 17 and 9 plaintiffs respectively, in Feb and Apr ); and one alleging the transmission of a zoonotic disease from puppy to man who purchased the dog (Nov)

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    • sentencing of former puppy mill operator, incudes ban on ownership, random inspections and probation (Jan)
  2. Michigan news: anti-cruelty and companion animals a positive; deer not so much (and wolves)
    • Bills signed into law strengthening animal cruelty prosecutions and sentencing (HBs 4332 and 4333); SB 416 allows individual evaluation of animals seized from fighting operations
    • Major shake-up at Ingham County Animal Control due to maltreatment of dogs seized from animal fighting operations, driven in part by local advocates
    • 6th Circuit reverses dismissal of civil rights case against City of Detroit for shooting dog; lower court decision had been based on theory of “unlicensed dog as contraband” and thus owners had no right to sue (Oct)
    • Clarkston deer: captive deer lived on grounds of Oakland Co. estate, when owner died, deer starved slowly and 19 found dead. DNR “solved” problem by opening fence, but advocates said they were captive and thus local authorities should intervene and possibly prosecute (Mar)
    • Ann Arbor deer:
      • 115 killed and 18 sterilized in 2018; program continuing into 2019
      • Contractor admits 2017 population numbers were overestimated
      • MI Legislature passes bill to stop other deer sterilization programs, favors hunting to control overpopulation, HB 5321 which has been signed into law
    • Wolves, again
      • HB 5441  introduced that would prohibit DNR “management,” essentially making it open season; bill dies
      • Poacher sentenced under state, not federal ESA prosecution (Feb)
      • Still much animus toward wolves, especially in UP
  3. State laws
    • Both New Jersey (“Nosey’s Law”) and Hawaii ban wild animal circuses (Dec)
    • Maryland law bans puppy mills; requires animals used in research go to shelters, and ban on abusers owning animals strengthened (Apr)
    • California courts can determine custody/ownership of animal in divorce cases (Sep)
    • California requires hospitals, prisons to offer vegan meals (Sep)
    • Florida “Ponce’s Law” bans ownership for animal abusers (Mar)
    • Delaware ends automatic euthanasia of retired lab animals (May)
    • Virginia passes law significantly reducing animal testing of products (following CA, NJ, NY) (Apr)
    • Ohio regulates puppy mills, although concern about resources to enforce (Jul)
  4. US Farm Bill passes with animal friendly provisions, defeat of disastrous King Amendment (Dec)
    • Pet And Women Safety Act (Domestic violence/pets); PACE Act (extends animal fighting prohibition to US territories); Dog/Cat meat prohibition
    • King Amendment defeated
  5. Missouri bans labeling a product “meat” unless derived from harvested production livestock or poultry; followed by lawsuit
  6. Federal Agency and Congressional Actions Continue the “War on Wildlife”
    • Interior Dept. considering appeal (Dec) of decision (Sep) barring hunting of Yellowstone grizzlies; agency delisted grizzlies in 2017, hunt set for 2018, but suit filed
    • Sage Grouse: Bureau of Land Management proposes opening 9 million acres of birds’ habitat to mining, drilling (Dec)
    • Last remaining habitat of endangered red wolf (NC) to be shrunk under USFWS plan, only 35 of these animals are left (Jun)
    • USFWS renews efforts to drop wolves from Endangered Species Act (ESA) protection
    • “Manage Our Wolves” Act, HR 6784, passes House, dies in Senate; would have removed wolves from ESA, relied on antiquated “management” practices (Dec)
    • Drastic revisions to Endangered Species Act circulated as draft, would give states more influence, downplay science, and put economic considerations on par with interests of animals, leading Union of Concerned Scientists to say “The Endangered Species Act is Itself Endangered” (Jul)
    • Congress amends Marine Mammal Protection Act allowing lethal removal of nearly 1,000 sea lions a year (Dec)

        • “The Government Just Decided To Kill Hundreds Of Sea Lion Families

          ‘It’s basically open season on sea lions now’”

          Naomi Rose, marine mammal scientist, Animal Welfare Institute

  7. It’s not good, with a few bright spots, for animals regulated by USDA and other federal agencies
    • USDA’s own report shows enforcement of Animal Welfare Act plummeted in 2018 with only 15 new cases opened in 9 months of current fiscal year
    • USDA records scrub of enforcement actions under the Animal Welfare Act (in 2017) continues to make news with Congress “ordering” records restored (Mar, but minimal improvement); but case appealing that decision receives favorable hearing in 9th Circuit (Dec)
    • USDA kills animal welfare standards for organic farms, set to go into effect in May, that would have allowed access to outside, regulated cruel practices and ensured more space (Mar)
    • In positive news, USDA/APHIS drops plan, opposed by animal advocates, that would have allowed 3rd party inspections, certifications under the Animal Welfare Act (May)
    • EPA proposes rule to weaken requirements for CAFOs to report animal waste odors under emergency hazardous waste reporting requirements (Oct)
    • Good news/bad news from Veterans Administration, which announced review on use of dogs in medical testing, with aim of ending (Mar); but new VA Secretary announces plans to continue tests (Nov)
  8. Isle Royale wolves: a bright spot perhaps
    • National Park Service implements plan to re-introduce wolves to Isle Royale, where population nearly extinct, 20-30 to be relocated over 3 years; 4 relocated this fall (announced Mar, began Sep)
    • 2 wolves died in process of relocation (Sep, Nov)
    • Ethical concerns over human interference
  9.  Major animal organizations continue to pursue lawsuits, in a continuation of 2017 activity; courts seen as backstop to anti-animal regulations and laws; or to break new ground in impact litigation
    • Nonhuman Rights Project:
      • NY Ct of Appeals denies habeas corpus on behalf of Tommy, a chimp, but Judge Fahey writes: “Does an intelligent nonhuman animal who thinks and plans and appreciates life as human beings do have the right to the protection of the law against arbitrary cruelties and enforced detentions visited on him or her? This is not merely a definitional question, but a deep dilemma of ethics and policy that demands our attention.”
      • litigates in NY State Court on behalf of Happy, the elephant, with 1st habeas corpus petition granted (Nov) and at hearing, case ordered transferred (Dec)
    • More cases alleging Endangered Species Act violations on behalf captive wildlife:
      • Lawsuit (Apr) by Friends of Animals and others to protect small population of wild mustangs in Montana, believed to be descended from horses of Spanish conquistadors in the 1500s; while other such ESA suits have been unsuccessful, plaintiffs believe focusing on discrete population will is good strategy to extend ESA protection to wild horses for the 1st time; judge issues TRO and injunction against roundup (Sep)
      • PETA settles lawsuit in Indiana federal court in case alleging that declawing big cats without medical necessity violates ESA (also AWA) in suit against nonprofit wildlife “refuge” and the veterinarian (Oct); unknown whether USDA renewed license of “refuge” when up for renewal (Nov)
      • Heartbreaking set-back in Lolita’s case, however, with 11th Circuit upholding lower court decision not to release the lone orca at Miami Seaquarium (Oct)
      • Lawsuit to force ESA protections for giraffes (Dec); marking the 100th suit by Center for Biological Diversity against current administration (not all directly related to animals)
    • Justice, the horse, sues former owner for neglect; OR judge dismisses case brought by ALDF (Sep)
    • Lawsuit targets International Wildlife Conservation Council, alleges 16-member advisory group in violation of federal law requiring advisory panels have a balance of views, but this pro-hunting council created late last year has outsized influence in crafting international wildlife policy. Plaintiffs include HSUS, Center for Biological Diversity, NRDC (Aug)
    • Lawsuit by Center for Biological Diversity, HSUS, Born Free U.S.A.challenges USFWS decision to allow elephant trophies into the country, as not science-based (Mar)
    • Lawsuit against National Marine Fisheries Service to force disclosure of cause of death of 3 orcas, Tilium, Kasatka and Kyara, at SeaWorld, by PETA, AWI
    • Series of nuisance lawsuits against Smithfield by NC neighbors of the pork producing giant, have gone to trial with over $500M in damages; latest case found for plaintiffs but lower award (Dec)
    • State suit in Alabama regarding Nosey the elephant, seized from travelling circus, and taken to sanctuary: judge allowed Nosey to remain and not be returned to owners while case pending (Jan), but continuing criminal and civil actions so Nosey’s fate still in limbo (Sep)
    • Lawsuit challenging National Marine Fisheries Service decision to allow seismic airgun blasting in Atlantic ocean, harming many marine species including the highly endangered right whale, in violation of the Marine Mammal Protection Act, Endangered Species Act, National Environmental Policy Act, in area from NJ to FL (Dec)
  10.  Election saw successful ballot measures banning greyhound racing in Florida; and Prop. 12, clarifying confinement standards for farmed animals in California, the 5th consecutive victory for farmed animal ballot measures in the US since 2002
  11.  Rescue/Sheltering animals after natural disasters or criminal cases
    • Disasters:
      • Hurricane Florence in NC saw deaths, many by drowning, of 3.4 million chickens and 5,500 pigs; and environmental degradation — and questions as to lax regulation of CAFOs — when waste lagoons overflowed; and a woman faced charges (later dropped) for sheltering animals left homeless
      • Wildfires in CA devastated wildlife and separated companion animals from their families
    • “Man-made” disasters, criminal cases such as hoarding, puppy mills (including a Samoyed breeder in IA where 150+ dogs were rescued, Nov), animal fighting operations (45 dogs rescued in KS, Aug) require the rescue and (sometimes) lengthy sheltering of animals and often involve legal issues of property, ownership and reimbursement for care. Often local law enforcement is overwhelmed and national groups (such as the ASPCA in the IA, KS cases) step in to provide resources.
  12.  International developments were largely positive this year, apart from wildlife
    • Brussels Parliament backed draft ordinance recognizing animals as sentient beings, meaning they will no longer be considered property (Nov)
    • British Columbia bans cosmetic declawing (May) at urging of the province’s veterinarian organization; it follows Nova Scotia which has also banned the practice (Mar)
    • Luxembourg increases legal protection for “all animals”, requires affirmative duties toward animals; the bill passed unanimously and is the 1st update in 30 years (Jun)
    • UK bans third party pet store sale of puppies from “puppy farms”; this is a good sign as advocates remain concerned about impact of Brexit on the UK’s animal protection laws (Dec)
    • China announces it will resume trade in tiger, rhino parts (Oct); then reverses decision and reinstates ban after international outcry (Nov)
    • Japan to resume commercial whaling and leaves International Whaling Commission after 30+ years, amid international condemnation. Japan had been whaling under rubric of “research” in international waters, including the Antarctic but now will be confined to its own waters
    • 87 elephants poached for their ivory in Botswana in recent months, a sharp and disturbing increase; this is one sad example of the many threats faced by endangered wildlife around the world; in addition to poaching, these animals are at risk from habitat destruction, human conflict, trophy hunters

  1. “…we should consider whether a chimpanzee is an individual with inherent value who has the right to be treated with respect…”

  2. Judge Fahey, New York Court of Appeals, concurring opinion: The Matter of Nonhuman Rights Project, Inc. on Behalf of Tommy

 

End Notes
Puppy Mills: bills introduced   opposition, more opposition   divisive   veto: here and here; lawsuits here, here and here; sentencing
Other MI news: HB 4332, 4333 SB 416; Ingham Co; 6th Circuit; Clarkston deer here and here; A2 deer numbers contractor MI bill; Wolves: poacher; animus
Other States: Exotics ban NJ and HI; MD; CA custody; CA vegan; FL; DE; VA; OH
US Farm Bill: here   King Am
Mo Meat: here and here
War on Wildlife here and here: Grizzlies; Sage Grouse; Red wolf; USFWS wolves; Manage Our Wolves; ESA endangered; Sea lion
Other agencies: USDA records here and here; Enforcement plummets; USDA kills; APHIS drops; EPA; VA good news/bad news
Isle Royale: NPS plan here and here; 2 die here and here; ethical concerns
Cases: Tommy, Happy here and here; Justice here; Int'l Wildlife Conservation Council here; Ele trophies here; Orca deaths here; NC nuisance here and here; ESA vio: declaw; Lolita here; giraffes here; Nosey here; seismic blasting here; mustangs here and here
Election: FL; CA
Rescue/Sheltering: Florence here, here and here; wildfires here and here; puppy mills here and here; animal fighting here
International: Brussels sentient being; British Columbia declaw ban; Luxembourg law update; UK puppy farm ban; China reverses, reinstates ban; Japan whaling here and here; Botswana elephants