Animal Law Commons^™

Navajo Nation V. United States Department Of The Interior, Adam W. Johnson

Public Land & Resources Law Review

The Navajo Nation sued the United States government alleging the government breached its trust obligation over the allocation of water rights in the Colorado River Basin. On remand, the district court denied the Navajo Nation leave to file its third amended complaint for futility, holding that the general trust relationship was insufficient to support the Nation’s breach of trust claim.

Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni

William & Mary Environmental Law and Policy Review

No abstract provided.

Pardoning Dogs, Sarah Schindler

Sturm College of Law: Faculty Scholarship

In 1994, the Governor of New Jersey pardoned a dog. In 2017, the Governor of Maine did the same. Each of these dogs had been ordered to be euthanized after killing another dog. While the Governor of New Jersey relied on the property status of the dog in issuing her order, the Governor of Maine relied on his standard pardon power, despite the fact that the being to be pardoned was a dog rather than a human. Both of these cases generated a great deal of popular press and attention, and a few months ago, a New York state senator …

Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?, Alizabeth Bronsdon

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral argument in this matter on Monday, February 24, 2020, at 10 a.m. in the Supreme Court Building in Washington, D.C. Anthony Yang, Assistant to the Solicitor General, will likely argue for the United States. In a divided oral argument, Paul D. Clement will likely appear for Atlantic Coast Pipeline, LLC, the petitioner in consolidated case No. 18-1587, Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association. Michael K. Kellogg will likely appear for the Respondents.

Fighting Back From The Brink: International Efforts To Prevent Illegal Trafficking In Endangered Species, Kara Consalo

Journal Publications

This article advances the argument for sustainable harvesting as a broad supplement, even replacement, to the prevailing no-trade policies currently used in many countries and international organizations. It is the author’s premise that the no-trade conservation paradigm is failing to adequately prevent illegal trafficking and endangered wildlife populations are suffering catastrophic losses as a result. This article will explain the current state of prevailing no-trade regulations and efforts to stem the onslaught of illegal wildlife trafficking. The article will then explore two examples of successful sustainable farming and harvesting programs, the American alligator and the Peruvian vicuñas. After a comparison …

Puppies, Puppies, Puppies: Why Georgia Should “Adopt” A Progressive Puppy Lemon Law And Engage In Much-Needed Statutory Reform, Jonathan T. Tortorici

Georgia Law Review

The Georgia Animal Protection Act—a set of animal
protection laws that has remained unchanged for nearly two
decades—was passed to promote animal welfare across the
state. Although the Act was progressive at its inception, its
failure to curb the atrocious conditions created by puppy mills
has become increasingly apparent, resulting in serious
consequences for both consumers and dogs. Georgia must
amend its animal protection laws to shift the costs of puppy
mills to where they belong: on pet sellers. Among other
innovative solutions to this problem, many states have enacted
“puppy lemon laws” that generally provide pet purchasers with
the …

Species Conservation & Recovery Through Adequate Regulatory Mechanisms, Sandra B. Zellmer, Sam J. Panarella, Oliver Finn Wood

Faculty Journal Articles & Other Writings

The world is experiencing its sixth episode of mass extinction of life. In rhetoric typically used by bloggers rather than scientists, the National Academy of Sciences reports that this "biological annihilation" is more dire than previously believed,' and that the decimation of biodiversity and of the ecosystem services resulting from it is nothing less than a "frightening assault on the foundations of human civilization."2

Unlike previous episodes of mass extinction, this one is caused by human overpopulation, overconsumption, and anthropogenic climate change. The United States has been a world conservation leader for over a century, but its commitment to supporting …

Recognising The Sentience Of Animals In Law: A Justification And Framework For Australian States And Territories, Jane S. Kotzmann

General - Animal Feeling

Scientific research is clear that most animals are sentient. This means that they have the capacity to subjectively perceive or feel things such as happiness and suffering. At present in Australia, animal sentience is, to some degree, implicitly recognised in animal welfare legislation that is in operation in all state and territory jurisdictions. This legislation criminalises human cruelty towards some animals because of the capacity such action has to cause animal pain and suffering. There is growing public concern in Australia, however, that such legislation does not adequately protect animals from pain and suffering. The Australian Capital Territory (‘ACT’) has …

Welcome To The World Of Tomorrow: An Exploration Of Cell-Based Meats And How The Fda And Usda May Protect Intellectual Property Rights, Sean A. Grafton

Catholic University Journal of Law and Technology

Lab-grown meats are ready to be sold in United States markets. However, the meat product needs approval from regulators such as the Food and Drug Administration (“FDA”) and the United States Department of Agriculture (“USDA”). The regulation approval process takes a significant amount of time. This approval period will cut into the lab-grown meat producers’ patent time, rendering a period of the patent ineffective.

This Comment analyzes the effect of, and possible changes to, our current laws on the emerging lab-grown meat market. To look at this problem, this Comment compares FDA and USDA regulations, analyzes the Hatch-Waxman Act, and …

China's Lack Of Animal Welfare Legislation Increases The Risk Of Further Pandemics, Amanda Whitfort

Animal Sentience

Legislation enforcing positive animal welfare standards provides an important buffer against the spread of disease when other safeguards to promote animal health have failed. The continuing absence of animal welfare legislation in China increases the risk of future pandemics, like COVID-19, and puts animal health, and consequently public health in danger.

Rethinking Global Governance To Address Zoonotic Disease Risks: Connecting The Dots, Kelley Lee

Animal Sentience

Large-scale changes in human behaviour are urgently needed to prevent future pandemics involving zoonotic diseases such as COVID-19. However, this will not happen to the required degree, and with sufficient speed, without a major shift in how humanity collectively governs itself. Alongside a shift in focus from individual behaviours to the structural conditions underpinning the world economy that shape human behaviours, effective global governance presses us to connect more dots than ever before. The One Health approach is an important starting point but we need to go much further.

Northern Plains Resource Council V. United States Army Corps Of Engineers, Liz M. Forster

Public Land & Resources Law Review

Environmental activist and indigenous rights groups have challenged the validity of the Keystone XL Pipeline since its initial approval in 2010. In April 2020, less than a month after crews broke ground, the opposing groups notched a major win when the United States District Court for the District of Montana revoked a key permit for the project on the grounds that the United States Army Corps of Engineers had inadequately assessed the pipeline’s impact on endangered species.

Toward An Interspecies Right To Breastfeed, Mathilde Cohen

Animal Law Review

Milk is young mammals’ primary food. Yet, lactating animals raised for their milk, such as cows and goats, are subject to extreme forms of violence and control preventing them from breastfeeding their own young. Numerous human parents also lack the legal, economic, social, and emotional support they need to nurse their children. At one level, the situation of humans and that of farmed animals is incommensurable in that the latter’s reproductive and lactating capacity is typically exploited and rewarded by death when unprofitable. At another level, lactating animals of all species are in a related social status. Lactating parents, typically …

The Meaning Of Meat, Jareb Gleckel, Sherry F. Colb

Animal Law Review

Plant-based and cell-based meat companies are vying to take over the trillion-dollar meat industry—and, in recent years, they have gained momentum. Responding to consumer demand and widespread fear about global climate change, investors like Bill Gates, Richard Branson, and even Tyson Foods began investing in alternative meat. Beyond Meat became a publicly traded company and partnered with Dunkin’ Donuts, while Impossible Foods partnered with Burger King, bringing plant-based meat products into the mainstream. But many states with strong ties to animal agriculture have sought to impede the growth of the alternative-meat market. In August 2018, Missouri became the first state …

Oversight Of Animal Raising Claims On Product Packaging: A Review Of Jurisdiction And Challenges To Label Claims, Erin Sutherland, Adrienne Craig

Animal Law Review

This Article discusses federal and state oversight of label claims found on meat, poultry, egg, and dairy packaging and mechanisms for challenging misleading or false label claims. Part I introduces why label claims are so critical to animal welfare interests and discusses how false labeling and false advertising exacerbate the problem. Part II discusses the federal regulatory structure over animal-raising claims made on these products. Part III of this Article discusses state causes of action under consumer protection statutes. Part IV discusses the successes and failures public interest groups have had in challenging label claims and attempting to reform the …

Shooting Fish, Michael L. Smith

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey L. Gordon

Faculty Law Review Articles

Of all the living things on earth, humans have the unique ability to destroy all life. Paradoxically, even though our lives will ultimately be destroyed too, we also seem to have the inability to stop the destruction, or at least alack of will to stop it. As the daily litany of new destructions² piles up and both the pace and the quantity increase, each loss is buried in the pile beneath humanity’s other problems. When humans start prioritizing, the living environment—both flora and fauna—is often neglected, and sometimes purposely harmed.³ Even nonliving elements of nature are harmed. In …

Global Risks Of Intensive Animal Farming And The Wildlife Trade, Deborah Cao

Animal Sentience

This commentary discusses two issues highlighted by Wiebers & Feigin in the context of the current and future global health crisis: the wildlife trade and factory farming. Both are instances of globalized animal cruelty – in China as well as worldwide -- that require global solutions for the well-being of both humans and nonhumans.

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents