Federal

Summary: This case arises out of an incident at the Dadeland Mall, during which plaintiff had a confrontation with security personnel that ended with her arrest. The incident was precipitated by the presence of a small dog plaintiff was toting in a stroller while shopping with her mother and daughter. Plaintiff alleged discrimination in public accommodations under the ADA, and excessive force in violation of the Fourth Amendment under § 1983. Defendants moved for summary judgment.The District Court denied the motion in part and granted the motion in part, finding that an issue of material fact existed as to whether the dog was a service animal; that the patron was precluded from bringing negligence claim premised on intentional torts; that officer's use of force in arresting patron was de minimis; and that the right to be free from officer's application of force was not clearly established.

Summary: Plaintiffs brought an action against the Defendants, challenging the U.S. Fish and Wildlife Service (“FWS”)'s November 28, 2012 Final Rule designating 30,010 acres in Idaho and Washington as critical habitat for the southern Selkirk Mountains population of woodland caribou under the Endangered Species Act (“ESA”). Specifically, plaintiffs alleged (1) that the Final Rule's critical habitat designation was arbitrary and capricious because the Defendants failed to explain how the limited amount of critical habitat designated was sufficient to recover this population of caribou and (2) that Defendants failed to provide public notice and comment on the substantially revised critical habitat designation before issuing the Final Rule. Defendants and Intervenors argued that the Final Rule satisfied the requirements of the ESA and the Administrative Procedures Act ("APA").While the district court stated that the Final Rule's analysis seemed reasonably based on the best available science, it refused to make a conclusive determination on the arbitrary and capricious issue because procedural requirements necessitated a further public review and comment period. The court therefore found the error in this case was a procedural one resulting from the FWS failing to provide a period of public review and comment on the Final Rule's critical change in reasoning. The Court therefore remanded this matter to the FWS to cure the procedural error by affording the necessary public comment period and to consider anew the critical habitat designation in light of those comments.

Summary: Under § 1383 of the Marine Mammal Protection Act (MMPA), 16 U.S.C. § 1361 et seq., the Animal Welfare Institute (AWI), Whale and Dolphin Conservation (WDC), Cetacean Society International, and Earth Island Institute hereby petition the Secretary of the U.S. Department of Commerce, through the U.S. National Marine Fisheries Service (NMFS), to designate Sakhalin Bay-Amur River beluga whales (Delphinapterus leucas) in the Sea of Okhotsk as a “depleted” stock. As described herein, the best scientific information available indicates that these beluga whales constitute a stock that is well below its optimum sustainable population (OSP) and, under the MMPA, qualify for such designation. The evidence also suggests that the stock continues to decline and faces a number of risk factors, providing additional impetus for such designation.

Summary: The following is a list of petitions submitted by the Animal Welfare Institute (AWI) and other advocacy groups to United States agencies. These petitions seek changes to rule-making for various animal welfare issues and also seek designations under the federal Endangered Species Act. The provided links for each action give a summary and links to the actual filed petitions. The petitions are listed with the most recent one filed at the top of the page.

Summary: Petitioner requests that the Secretary amend Humane Methods of Slaughter Act regulations to require all slaughter establishments take a systematic approach to animal welfare by preparing and maintaining a comprehensive, written humane handling plan, and make other changes that are needed to prevent unnecessary incidents of inhumane handling at slaughter. These amendments include requiring routine testing and maintenance of stunning equipment, the availability of backup stunning devices, and employee training in animal handling. The purpose of the requested action is to protect the welfare of animals during the slaughter process and to provide safer and better working conditions for persons engaged in the slaughter industry. Read the regulation the petitioner sought to amend.

Summary: The Animal Welfare Institute (AWI) submits this petition for rulemaking in compliance with United Stated Department of Agriculture (USDA) regulation 9 C.F.R. § 392 and the Administrative Procedure Act, 5 U.S.C. § 551 et seq. AWI respectfully requests USDA’s Food Safety and Inspection Service (FSIS) to amend labeling regulations under the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA) to require independent third-party certification for the approval of animal welfare and environmental stewardship claims on meat and poultry products. This action is necessary to 1) prevent the misleading and deceptive use of animal welfare and environmental stewardship claims, 2) provide for consistency and transparency in the label approval process, 3) meet consumer expectations for the label approval process, and 4) protect from financial harm those farmers making legitimate use of these value-added claims. Read the Federal Meat Inspection Act regulation in effect at the time the AWI petitioned.

Summary: The United States Department of Agriculture (USDA) has been directed by Congress to promulgate regulations that will reduce poultry carcass adulteration. However, although USDA has repeatedly recognized that the inhumane treatment of poultry leads to adulteration, it has not promulgated any regulations to limit that adulteration. Thus, USDA is not fulfilling its mandate. Farm Sanctuary and the Animal Welfare Institute submit this petition for rulemaking, calling on USDA to begin the process of promulgating regulations to address bird handling and slaughter practices that result in adulteration as is its duty under the Poultry Products Inspection Act (PPIA), 21 U.S.C. § 451 et seq. Read 9 C.F.R. 381, 9 C.F.R. 416, and 9 C.F.R. 500 --all of which are discussed in the petition.

Summary: This petition is submitted on behalf of the Animal Welfare Institute (“AWI”) and the United States office of the World Society for the Protection of Animals (“WSPA”) and requests that the United States Department of Agriculture (“USDA”), and its Animal and Plant Health Inspection Service (“APHIS”), initiate rulemaking to amend the “exportation of animals” regulations by adopting the animal welfare standards of the World Organisation for Animal Health (“OIE”) for the transport of animals. Read the regulations this petition challenges.

Summary: The undersigned submit this petition to request that the Food Safety and Inspection Service (FSIS) amend the ante-mortem inspection regulations to prohibit the slaughter of non-ambulatory disabled (NAD) pigs.1 Specifically, Petitioners request that FSIS amend 9 C.F.R. § 309.3 by adding a provision: "(f) Non-ambulatory disabled pigs that are offered for slaughter must be condemned and humanely euthanized in accordance with § 309.13." Read the regulation this petition challenges.

Summary: The Animal Welfare Institute (AWI) formally requests that the United States Fish and Wildlife Service (USFWS) list the pygmy three-toed sloth (Bradypus pygmaeus) as endangered under the federal Endangered Species Act (ESA) on an emergency basis. Alternatively, if the USFWS determines that an emergency listing is not warranted in this case, AWI requests that it process this listing petition pursuant to the standard timetable as required under the ESA.