On this episode of the Animal Law Podcast, I speak with Vanessa Shakib of Advancing Law for Animals about Missouri Alliance for Animal Legislation and Stop Animal Exploitation Now! (“SAEN”) v USDA, in which the plaintiffs sought to vacate two rules promulgated by USDA’s Animal Care division without notice to the public or an opportunity to comment, as required by the Administrative Procedure Act. These rules concerned the implementation of two new enforcement policies, the Orwellian-entitled, “Teachable Moments Rule” and “Self-Reporting Rule,” that drastically limited the ability of concerned members of the public and others to ascertain the true violation history regarding the treatment of animals at licensed facilities, including both puppy mills and laboratories. She’ll also tell us about the recent settlement that resolved the lawsuit and how members of the public can best make use the information now available on the USDA website.

We also speak briefly about a recently filed case, also on behalf of SAEN, against the University of Southern California regarding the stark contrast between the University’s claims regarding how animals are kept in their laboratories and the evidence the plaintiff has  gathered revealing a much darker picture. 

Vanessa Shakib co-founded and co-directs Advancing Law for Animals, a non-profit law firm for our non-human friends that focuses on animal law, government accountability, and illegal business practices. There, she develops impact litigation to further the interests of animals exploited in research and industrial food production. Vanessa regularly presents talks as an invited expert in animal law both nationally and abroad.

Prior to animal law, Vanessa specialized in illegal taxation, consumer protection, and inverse condemnation, among other practice areas. Her track record in government oversight informs her work at Advancing Law for Animals, where she has successfully challenged cruel and illegally-promulgated regulations at the federal level, and lack of animal-welfare enforcement at the local level. Vanessa continues to consult on a variety of legal matters through her private practice, Shakib Law, PC.

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You can listen to our podcast directly on our website (beneath this paragraph!) or you can listen and subscribe on iTunes or your favorite podcatcher. Also, if you like what you hear, please rate it on iTunes, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation, or becoming a member of our flock (especially if you’re a regular listener). Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning,  weekly signature OHH podcast — now in its eleventh glorious year!

On this episode of the Animal Law Podcast, I speak with Christopher Berry, a managing attorney in the Animal Legal Defense Fund’s Litigation Program, where he oversees strategic impact litigation to protect the lives of and advance the interests of animals. Christopher and I speak about Caru SPCA v Anthony, in which a California backyard breeder/puppy mill was shut down by the Superior Court of California for Solano County under various sections of the Vallejo California Municipal Code, along with a California state law entitled the Pet Breeders Warranty Act (Health & Safety Code Sections 122045 – 122315).

In spite of complaints made for years to local authorities, this sub-standard breeding facility for Carolina Dogs had been permitted to continue doing business in spite of the poor treatment of the dogs. What changed? The Caru SPCA appeared on the scene with the mission of  preventing “cruelty to animals by use of all legal means, by working cooperatively with law enforcement and humane agencies, by promoting the enforcement of animal protection laws, and by educating others about the laws that protect animals and humane standards of care for animals.” You will want to hear about how this organization came into being, the role of the Animal Legal Defense Fund in aiding in the creation of this independent entity with statewide jurisdiction, and what an SPCA can do that other individuals and organizations are unable to do to protect animals under California law. This could be a game-changing development for animals.

Christopher Berry is a managing attorney for the Animal Legal Defense Fund’s litigation program where he oversees and litigates strategic impact cases involving a broad range of animal protection issues. In the wake of government acquiescence of illegal activity, he has brought private enforcement actions in civil court to stop illegal puppy laundering, fur farming of a threatened species, and animal hoarding. He also leverages litigation against the government itself, thereby catalyzing revision of the USDA’s rubberstamp policy for Animal Welfare Act licenses, the USDA’s blackout of records generated under the Animal Welfare Act, and North Carolina’s approval of gas chambers for routine euthanasia at animal shelters.

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You can listen to our podcast directly on our website (beneath this paragraph!) or you can listen and subscribe on iTunes or your favorite podcatcher. Also, if you like what you hear, please rate it on iTunes, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation, or becoming a member of our flock (especially if you’re a regular listener). Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning,  weekly signature OHH podcast — now in its eleventh glorious year!

On this episode of the Animal Law Podcast, I am so pleased to welcome Brittany Peet, Deputy General Counsel for Captive Animal Law Enforcement for the PETA Foundation. We follow up on her appearance on Episode 42 when she told us all about PETA’s case against notorious roadside zoo and big cat abuser Tim Stark of Indiana’s “Wildlife in Need.” Little did we know at the time that Stark would be one of the players in the Tiger King, the wildly popular Netflix series that revealed the dark underbelly of the tiger biz in the US, such as a murder for hire plot and numerous violations of the Endangered Species Act, ranging from records violations all the way to killing 5 tigers. Now, Brittany is here to report on the ongoing struggle on the legal front to get the Tiger King’s tigers out of captivity and into sanctuaries, which has resulted in substantial progress in improving the government’s standards regarding the treatment of tigers and other endangered animals in captivity.

Brittany Peet is the Deputy General Counsel for Captive Animal Law Enforcement for the PETA Foundation, and works on behalf of animals who are held captive in roadside zoos, traveling shows, and the film and television industries through legal and regulatory actions and public advocacy campaigns. She also negotiates and coordinates wild and exotic animal rescues for PETA, and has overseen the rescues of more than 400 chinchillas, 73 bears, 75 big cats, 13 chimpanzees, and two baboons.

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You can listen to our podcast directly on our website (beneath this paragraph!) or you can listen and subscribe on iTunes or your favorite podcatcher. Also, if you like what you hear, please rate it on iTunes, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation, or becoming a member of our flock (especially if you’re a regular listener). Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning,  weekly signature OHH podcast — now in its eleventh glorious year!

On this episode of the Animal Law Podcast, I welcome Laura Fox, Staff Attorney for Farm Animal Protection at The Humane Society of the United States, to talk about the 4th Circuit’s decision in McKiver v Murphy Brown, which has created quite a stir in the animal law world. It is a story which we have all heard before — neighbors of pig factory farms in North Carolina whose homes, some of which have been in their families for generations, have been rendered close to uninhabitable by the stench and degradation of the environment caused by nearby pig factory farms. The reason that this case stands out in particular for animal advocates is the extraordinary concurrence by Judge James Harvie Wilkinson III, which not only finds merit in the plaintiffs’ arguments, but sympathizes with the animals whose misery and confinement are not only horrific, but are part and parcel of the harms created by these facilities. You are not going to want to miss this episode.

Laura Fox joined HSUS’s Animal Protection Law department in 2015 as an attorney focusing on issues related to puppy mills and now is the Staff Attorney for Farm Animal Protection. Laura works to protect farm animals from the industrialized practices of factory farms, including by reducing extreme confinement practices and challenging their environmental impacts.

A large aspect of Laura’s work is spent filing complaints with federal and state agencies and litigating issues arising under the National Environmental Policy Act, the Administrative Procedure Act, the Freedom of Information Act, and other federal statutes, as well as litigating consumer protection cases at the state level.

Laura is also an Adjunct Professor of Animal Law at George Mason’s law school and has taught courses in philosophy and ethics.

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You can listen to our podcast directly on our website (beneath this paragraph!) or you can listen and subscribe on iTunes or your favorite podcatcher. Also, if you like what you hear, please rate it on iTunes, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation, or becoming a member of our flock (especially if you’re a regular listener). Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning,  weekly signature OHH podcast — now in its eleventh glorious year!

On this episode of the Animal Law Podcast, I welcome back Rebecca Cary of the Humane Society of the United States to speak with us about the recent decision from the Ninth Circuit in North American Meat Institute v Becerra, in which the court upheld Proposition 12 in the face of arguments by the plaintiff that it violates the Dormant Commerce Clause.

Proposition 12 is, of course, the California ballot initiative that, among other things, imposed a sales ban in California on products that don’t comply with certain California laws regarding the treatment of certain farmed animals. As we discuss on this episode, sales bans are a vital tool in protecting states’ ability to make their laws regarding the treatment of animals effective, and they are, as a result, vehemently opposed by animal use industries. This is an important case, indeed.

Rebecca Cary is a Senior Staff Attorney at The Humane Society of the United States, where she has worked since 2010 in the Animal Protection Litigation section. The bulk of her work focuses on farm animals and constitutional defense litigation. She graduated from Northeastern University School of Law in 2009, where she successfully petitioned the school to include an animal law class in its curriculum.

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You can listen to our podcast directly on our website (beneath this paragraph!) or you can listen and subscribe on iTunes or your favorite podcatcher. Also, if you like what you hear, please rate it on iTunes, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation, or becoming a member of our flock (especially if you’re a regular listener). Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning,  weekly signature OHH podcast — now in its ninth glorious year!

On this episode of the Animal Law Podcast, I speak with Jay Shooster, of the Richman Law Group, about two complaints the firm has filed with the Federal Trade Commission, on behalf of various complainants, about representations Tyson Foods has made about the chicken flesh that it sells in grocery stores around the country. From whether the products made of that flesh are “natural,” to environmental concerns regarding its production methods, to allegations regarding the welfare of the birds, to how its workers are treated, particularly in Covid-times, Tyson’s practices are being laid bare by these complaints, and it’s not a pretty picture.

Jay Shooster is an associate and the Senior Animal Welfare Legal Fellow at Richman Law Group. Jay has represented nonprofits and consumers in numerous cases against large food companies, including Tyson Foods, Kraft Heinz, and Unilever.

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You can listen to our podcast directly on our website (beneath this paragraph!) or you can listen and subscribe on iTunes or your favorite podcatcher. Also, if you like what you hear, please rate it on iTunes, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation, or becoming a member of our flock (especially if you’re a regular listener). Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning,  weekly signature OHH podcast — now in its ninth glorious year!

This episode is sponsored by Forager Project,  an organic, plant-based family-owned and operated food company creating innovative, delicious tasting products sourced from nature’s finest ingredients – nuts, seeds, ancient grains, fruits and vegetables. Crafted in its own unique purpose-built creamery – the only 100% organic, plant-based facility of its kind – Forager Project’s family of foods includes  100% vegan yogurts, nut milks, sour cream, kefirs, shakes and butter.

About Forager Project’s Vote Campaign: Forager ​is committed to helping cultivate democracy. During the next month, Forager Project​ will be shifting packaging on its yogurts, kefirs, and milks to encourage consumers nationwide to get involved and vote this November and launching a broader effort to encourage everyone to vote this November 3rd. Visit ForagerProject.com/vote to check on your voting status

On this episode of the Animal Law Podcast, I am once again lucky enough to be speaking with Eric Glitzenstein, this time about a recent resounding success for animals, specifically birds, in Natural Resources Defense Council v US Dept. of the Interior. This case involves a recent “opinion” issued by the US Fish and Wildlife Service, which, since its issuance, has dramatically reinterpreted the Migratory Bird Treaty Act to reduce protections for birds by requiring that the only covered acts are ones that are “directed” at birds. Yikes! As seems obvious, birds are most frequently put in danger in the modern world because they are in someone’s way, not just because someone sets out to kill them on purpose. Fortunately a conglomeration of advocacy groups got together and cried foul (or fowl!) (sorry). And, fortunately, the Southern District of New York agreed. And, to add to the good fortune, we have Eric, a true model of the consummate legal qualities of passion and clarity, here to tell us the story.

Eric Glitzenstein is the Director of Litigation of the Center for Biological Diversity, a national conservation and wildlife protection organization. Eric oversees and coordinates the Center’s litigation conducted by more than 50 in-house attorneys along with outside counsel. Prior to joining the Center, Eric was cofounder and managing partner of Meyer Glitzenstein & Eubanks LLP, a public-interest law firm in Washington, D.C. Eric is also a Lecturer in Law at Harvard Law School, where he will teach Wildlife Law in Spring 2021.

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You can listen to our podcast directly on our website (beneath this paragraph!) or you can listen and subscribe on iTunes or your favorite podcatcher. Also, if you like what you hear, please rate it on iTunes, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation, or becoming a member of our flock (especially if you’re a regular listener). Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

On this episode of the Animal Law Podcast, I am delighted to welcome Cheryl Leahy, Executive Vice President of Animal Outlook, about US ex rel. COK v Superior Farms, which arose out of Animal Outlook’s investigation into the largest lamb slaughterhouse in the US. This investigation uncovered numerous violations of the Humane Methods of Slaughter Act (HMSA) as well as the Federal Meat Inspection Act. Cheryl explains that the ritual halal slaughter performed in this slaughterhouse is NOT exempted from the HMSA, as many believe, but is covered by different rules, which were not followed here. Moreover, since some of the flesh from these lambs was sold to the federal government as halal meat, this created fertile ground for a lawsuit pursuant to the False Claims Act. It is Cheryl’s hope that the successful settlement of this suit will be one of many lawsuits brought pursuant to this statute, which has the potential to be a promising avenue for requiring laws protecting animals to be followed, not to mention for protecting the government from being defrauded. Indeed, this case has the potential to serve as a model for lawyers interested in suing animal abusers, helping animals, stopping fraud on the government, and making a few, or maybe more than a few, bucks.

Cheryl Leahy is the Executive Vice President of Animal Outlook, having served, from 2006-2019, as Animal Outlook’s General Counsel. She works on the strategic direction of the organization as a whole, especially focusing on the use of undercover investigations as a mechanism for high-impact advocacy, and on targeting large-scale abuse of farmed animals through proactive litigation. Her work includes challenging cruel, yet standard, practices forced upon farmed animals as well as unfair industry practices such as misleading marketing of meat, milk, and eggs often found in grocery stores.

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You can listen to our podcast directly on our website (beneath this paragraph!) or you can listen and subscribe on iTunes or your favorite podcatcher. Also, if you like what you hear, please rate it on iTunes, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation, or becoming a member of our flock (especially if you’re a regular listener). Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning,  weekly signature OHH podcast — now in its ninth glorious year!

On this episode of the Animal Law Podcast, I speak once again to Amanda Howell of the Animal Legal Defense Fund about Miyoko’s Kitchen v Ross, in which one of our very favorite companies is suing the State of California, specifically its Department of Food and Agriculture, for violating its rights under the First Amendment. The lawsuit arose out of  certain enforcement threats Miyoko’s Kitchen received regarding its label for its (utterly delicious) vegan butter. More specifically, the state is troubled that that label is deceptive in that it indicates, inter alia, that the package contains “vegan butter” and that the product inside is “cruelty-free.” Recently, the Northern District of California determined that the State’s motion to dismiss for lack of ripeness was without merit. Thus, the case is now proceeding, and the court will soon decide whether to grant a preliminary injunction prohibiting the state from moving forward with enforcement. We discuss both the motion to dismiss and the pending motion for a preliminary injunction. Clearly, this case is important not only for the future of Miyoko’s Kitchen, but for the future of the many plant-based foods that are designed to remind eaters of animal-based foods with which they are familiar. The stakes are high.

Amanda Howell is a Staff Attorney at the Animal Legal Defense Fund. She works to combat humane-washing, unconstitutional AgGag laws, and the animal agriculture industry’s attacks on plant-based foods. Prior to joining ALDF, Amanda co-headed the food law practice at the Stanley Law Group and focused on state and nationwide class action litigation. Before that she served as Assistant Director of Litigation at the Center for Science in the Public Interest. Amanda has contributed to the National Association of Consumer Advocates’ Standards and Guidelines publication, the National Consumer Law Center’s Class Actions Manual, and two chapters in the latest edition of What Can Animal Law Learn from Environmental Law.

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You can listen to our podcast directly on our website (beneath this paragraph!) or you can listen and subscribe on iTunes or your favorite podcatcher. Also, if you like what you hear, please rate it on iTunes, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation, or becoming a member of our flock (especially if you’re a regular listener). Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning,  weekly signature OHH podcast — now in its ninth glorious year!

On this episode of the Animal Law Podcast, I speak with Bruce Wagman about American Anti-Vivisection Society v USDA, in which the 9th Circuit recently held that, at long (really, really long) last, the USDA will be required to write regulations to protect those birds who are covered by the Animal Welfare Act, such as those in the wholesale pet trade, in zoos, etc. Bruce and I last discussed this same issue on Episode 8, during a prior attempt to force the agency to do its duty, and it is a real joy to see this issue resolved in the birds’ favor.

Bruce Wagman conducts  an exclusive animal law practice at Riley Safer Holmes and Cancila, where he litigates, drafts animal-friendly legislation, oversees rescue operations, and consults clients who care for and protect animals. He is the co-author of Animal Law: Cases and Materials and A Worldview of Animal Law. He is also a founder of Project Chimps, a chimpanzee sanctuary that is home to chimpanzees retired from research laboratories. His practice covers a broad range of animal-related legal issues — including cases involving the use of animals in entertainment, biomedical research, animal agriculture/food production, animal cruelty, and wildlife control.

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You can listen to our podcast directly on our website (beneath this paragraph!) or you can listen and subscribe on iTunes or your favorite podcatcher. Also, if you like what you hear, please rate it on iTunes, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation, or becoming a member of our flock (especially if you’re a regular listener). Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning,  weekly signature OHH podcast — now in its ninth glorious year!