Sister bills S2689 and A4225 have been introduced and reported out of the Senate Committee with amendments and the Assembly Committee, respectively.  The bills would change the effective dates of some of the provisions of the law that Governor Christie signed just before leaving office that stripped law enforcement authority from the New Jersey Society for the Prevention of Cruelty to Animals and transferred it to county prosecutors.  View Full Post
  The impact of USDA’s newly adopted final rule to certain exhibitors of farm animals remains unclear. A positive result of the rule is the definition of “domesticated farm-type animals.”  Farm-type animals are defined as “animals that have historically been kept and raised on farms in the United States.”  Except for the use of the term “domesticated” this definition should be adopted by states to insure that livestock and poultry remain regulated by state and local laws even if owned as “pets” or for “companionship.” However, the term “domesticated” should be replaced by “domestic,” since courts have held that certain dangerous and exotic animals can be “domesticated” based on the case-specific facts.   View Full Post
  On June 4, the regulation titled “Thresholds for De Minimis Activity and Exemptions From Licensing Under the Animal Welfare Act” which purportedly implement[s] amendments to the Animal Welfare Act (AWA), was published by USDA-APHIS, effective on the date of publication. View Full Post
  In Naruto v. Slater, 2018 WL 1902414 (9th Cir. April 23, 2018)-the case in which Naruto, a crested macaque by and through his alleged “next friends,” People for the Ethical Treatment of Animals, sued a photographer and his publishers for copyright infringement-the Court, citing an earlier case, Cetacean Cmty. View Full Post
On May 17, 2018 a plethora bills were reported out of the New Jersey Assembly Agriculture and Natural Resources Committee, some with amendments that will benefit animals and their owners if they become law, and others with sorely needed amendments. Here is a summary of what occurred (as reported on the New Jersey Legislative website): A781 is a bill that would establish processes for recovering the cost of caring for domestic companion animals involved in animal cruelty violations.  View Full Post
Animal Agriculture Alliance Celebrates Another Successful Summit It looks like Animal Agriculture Alliance had another stellar stakeholder summit held on May 3-4 in Arlington, Va. As reported on its website The future of food, consumer choice, sustainability and the connection farmers and ranchers have with consumers were all topics of discussion on the first day of the Animal Agriculture Alliance’s 2018 Stakeholders Summit, themed “Protect Your Roots,” at the Renaissance Capital View Hotel in Arlington, Va. View Full Post
Oh Africa! I recently returned from a trip to South Africa, Botswana, Zambia and Zimbabwe with my best friend (husband) and have to share some of the awe-inspiring scenes of these majestic countries and wildlife residing therein.  I will concoct related legal theories and pass them along another time.  View Full Post
By Scott M. Badami originally posted on January 22, 2018. Many times the cases with what look like the most egregious set of facts are the ones that get the most publicity. To that end, a fair housing case in California just settled with the owner of several apartment complexes and rental homes agreeing to pay $100,000 to conclude a disability discrimination action involving emotional support animals. View Full Post
The lawsuit filed against SeaWorld Parks and Entertainment, Inc. (SeaWorld) in the Northern District of California, styled Marc Anderson, et al. v. SeaWorld Parks and Entertainment, Inc. has been ongoing since May 14, 2015. The Court recently ruled on SeaWorld’s Motion for Summary Judgment, which it granted in part and denied in part.  View Full Post
In the wake of mass shootings, legislators across the country have been introducing bills to address the tragic and needless loss of life-some good, others not so much. In New Jersey, a set of sister bills (S2239 and A3693) have been introduced that would prohibit possession of a firearm by any person convicted of “any crime or offense constituting animal cruelty enumerated under chapter 22 of Title 4 of the Revised Statutes [the Statute].” While there are certainly some offenders that should be considered dangerous felons, proposed amendments like these that impact all found liable under the Statute sweep too broadly. View Full Post