Animal Law Commons^™

Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.

Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.

Danger For The Endangered Species Act?: Catron County Board Of Commissioners, New Mexico V. United States Fish And Wildlife Service, Richard W. Bertelson Iii

Journal of Natural Resources & Environmental Law

No abstract provided.

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale …

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis. It also …

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to continue …

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and …

Does The Federal Crime Bill's Hunter Harassment Provision Violate The First Amendment Or If An Animal Rights Protester Falls Down In The Woods And A Hunter Hears, Is It A Federal Crime?, Jeffrey E. Sherr

Journal of Natural Resources & Environmental Law

No abstract provided.

Environmental Plaintiff Standing And Extraterritoriality In The Endangered Species Act: Lujan V. Defenders Of Wildlife, Timothy A. Clark

Journal of Natural Resources & Environmental Law

No abstract provided.

Coordinating Nhpa And Nepa To Protect Wildlife, Tala Dibenedetto

William & Mary Environmental Law and Policy Review

In addition to its ecological and intrinsic significance, wildlife is recognized as invaluable historic and cultural resources. Current laws protecting wildlife, like the Endangered Species Act (“ESA”), fail to recognize this dimension, and are limited in providing meaningful protection for culturally significant wildlife. The cultural and historic value of wildlife was recognized in Dugong v. Rumsfeld, in which the court held that a species of dugong could be considered “historic property” under the National Historic Preservation Act (“NHPA”). NHPA requires federal agencies to evaluate the impact of all federally funded or permitted projects on “historic properties.” It is a close …

Review Of Lisa Kemmerer's Sister Species: Women, Animals, And Social Justice, Marine Lercier

Between the Species

What do we have in common with animals, and what do these women have in common? We are Sister Species, if not sisters at all. Lisa Kemmerer invites us to realize that we are more alike than different and to become aware of what our animal brothers and especially sisters experience: the suffering they endure because of our absurd inconsistencies and oppositions - even within the animal rights movement, often unbeknownst to us. The goal: more effective discourse and action, educating us to the other in the face of a norm imposed by a power, a discourse of normalization …

The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Saving Seabiscuit: An Argument For The Establishment Of A Federal Equine Sports Commission, Celso Lucas Leite,Jr.

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet

Dissertations, Theses, and Capstone Projects

All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would receive …

If You Don’T Have A Cow (Or Chicken Or Pig), You Can’T Call It Meat: Weaponizing The Dormant Commerce Clause To Strike Down Anti-Animal- Welfare Legislation, Jessica Berch

Utah Law Review

Industrial meat producers and proponents of plant-based diets are locked in legislative and litigation battles. On the legislative battlefront, meat producers are attempting to prohibit vegetarian and vegan food manufacturers from calling their products “meat,” “burgers,” “pork,” or other similar “meaty” descriptions. At the same time, animal-welfare advocates are urging states to pass laws to better the lives of animals in various ways, such as requiring meat producers to provide farm animals more space or other enhanced conditions. On the litigation side, both the meat producers and the plant-based companies are attempting to deploy the Dormant Commerce Clause (“DCC”) to …

Human As Animals - Pluralizing Humans, Karen Bradshaw

Utah Law Review

Species-based inequality is embedded in our institutions of law, government, and property. Legal distinctions between people and animals drive biodiversity loss. Recent environmental movements—including the rights of nature, animal rights, and wildlife property ownership—seek to lessen the gap in law’s unequal treatment of humans and other living things. Despite growing popular support for such reforms, legal scholars have yet to directly grapple with the mindset underlying the legal status quo.

This Article identifies and challenges institutionalized speciesism in law. It critically examines the legal treatment of non-human animals. It also presents an alternative legal worldview—one informed by scientific, cultural, and …

Owls In Islam And Pakistan: Loopholes And Suggestions For Conservation And Management Of This Highly Ecologically Important Niche, Mubasher Hussain, Jamil Akhtar

Journal of Bioresource Management

Due to their vital ecological significance, owls drew the attention of several groups working on wildlife protection and conservation management across the globe. Hence, certain legal provisions have been articulated in the wildlife protection acts of the advanced countries to ensure full legal protection of wildlife including owls. Although there are certain laws concerning the protection of wild life in Pakistan, the specific and consistent legal provisions are still required for owl’s full protection. This article highlights a dire need of the articulation of such provisions respecting the prohibition of owl hunting on several religious, legal and ecological grounds.

Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders

Touro Law Review

No abstract provided.

2020 Foreign And International Legislative Review, Brittany Rowe

Animal Law Review

This Legislative Review highlights the animal law related legislative victories 2020 brought about on foreign and international fronts.

Adjudicating On-The-Track Outcomes In Kentucky: Why Horse Administrators Should Provide Competitors A Right To Review, Howard Ball

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Horses, Humans, And The Law: A Study Of Four Pillars Of Support For Horse Ownership, Elaine M. Ramesh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 27, Issue 1, 2021.

Exploring The Role Of Nonhuman Animal Victims In Federal Environmental Crime Prosecutions, Melissa L. Jarrell, Joshua Ozmy

Animal Law Review

While nonhuman animals in the United States are often victimized directly or as a consequence of environmental crimes, little is known about them or the role their victimization plays in federal environmental crime prosecutions. Through content analysis of 2,588 of the Environmental Protection Agency's criminal prosecutions from 1983-2019, we identified cases where identifiable nonhuman animal victims play a central role in the prosecution. We developed a typology of victims and the consequences of their victimization, and we explored the geography, charging statutes, and penalties. Results suggest that victimization is infrequent, acute, and clusters around toxic discharges and pesticide abuse stemming …

National Animal Abuse Registry Reform: To Be Effective And Provide Prospective, A National Animal Abuse Registry Must Be The Next Directive, Kaleigh M. Gorman

Touro Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Nonhuman Rights Or Protections: A Discussion Of The Functional Difference, If Any, Between Laws Providing Either Biocentric Rights Or Anthropocentric Protections For Nonhumans, Joel W. Glazer

Animal Law Review

This article will review examples of laws and judicial opinions that have granted rights to nonhumans, including the examples listed above, as well as a judicial opinion that grants protections, but not rights, to nonhumans. The analysis of these laws and judicial opinions is meant to answer the question of whether using the enchanted word "rights," as opposed to anthropocentric protections, confers a substantive benefit to nonhumans. Part II forms an analytical framework defining the procedural and substantive aspects of non-human rights. Part III applies that framework to judicial opinions from Argentina and the United States and analyzes whether there …

Can Sentience Recognition Protect Animals? Lessons From Québec's Animal Law Reform, Michael Lessard

Animal Law Review

Academic literature needs to provide a better understanding of the legal recognition of animal sentience. This Article aims to help fill out this gap by diving into Que ́bec’s legal recognition of animal sentience in 2015. This Article draws three lessons from Que ́bec law’s recognition of animal sentience and biological needs. First, it argues that legal sentience recognition’s fate is to become more than symbolic and to receive normative force. Second, it contends that considering sentience protection as the sole instrument to prevent animal killing and exploitation is a mistake. This is so because respect for sentience is reduced …

Cetacean Cultural Rights: A Third Generation Of Rights At Sea, David Peña-Guzmán

Animal Law Review

This Article discusses the cultural rights of cetaceans, as articulated in the 2010 Declaration on the Rights of Cetaceans. It argues that these rights qualify as "third-generation rights," meaning groups of cetaceans -- as opposed to individuals -- have the right to the protection of their respective cultures. The Article begins with an account of the history of third-generation rights in international human rights law. It then examines how the concept of third-generation rights can carry over into the animal rights movement. The article proposes three criteria for determining whether a group qualifies for third-generation rights. Then, it demonstrates that …

2020 Domestic Legislative Review, Tara Cooley

Animal Law Review

The 116th Congress, second session, began January 3, 2020, and ended January 3, 2021. While Congress voted on key animal-related legislation, such as the Big Cat Public Safety Act, the COVID-19 pandemic slowed -- or even halted -- proposed legislation at the federal and state levels. Despite the slowdown, local voters proposed and enacted several key initiatives, including the California Ecosystems Protection Act and Orange County, Florida's Right to Clean Water initiative.9 In addition, federally enacted COVID-19-related legislation, such as the Coronavirus Aid, Relief, and Economic Security (CARES) Act, also addressed animalrelated issues. The World Health Organization (WHO) labeled COVID-19 …