|
We did it!
On January 12, 2008, the House of Delegates
of the Louisiana State Bar Association passed
a Resolution to create the first Animal
Law Section of the LSBA!
Louisiana State Bar Association Members:
Please visit www.animallawla.org
to join the Section.
Thanks for your support!
Ariel K. DiGiulio
June
23, 2008
WASHINGTON (CNN) --
The Supreme Court agreed
Monday to decide if the Navy is doing enough
to protect WHALES from the effects of its
sonar testing.
Environmentalists successfully sued the
Pentagon over the practice in March, forcing
major changes in the Navy's annual offshore
training exercises.
A federal judge ruled it was "constitutionally
suspect" for President Bush to issue
a national security exemption so no environmental
impact assessment was carried out.
One of the environmental organizations
that sued the Defense Department said it
had expected the Supreme Court decision
and was ready to fight on.
"It's clear both that high intensity
military sonar can injure and kill whales,
dolphins, and other marine life and that
the Navy can reduce the risk of this harm
by commonsense safeguards without compromising
our military readiness," said Joel
Reynolds of the National Resources Defense
Council.
"These have been the unanimous conclusions
of every court that has considered this
issue, even after President Bush in January
sought unsuccessfully to intervene on the
Navy's behalf," he said.
The Navy says the courts are protecting
sea creatures rather than people. The Justice
Department had asked the high court to revisit
the federal appeals court ruling against
the government.
The restrictions imposed by the court,
said the Justice Department, could hamper
military readiness in a time of war because
sonar technology is used to detect increasingly
sophisticated enemy submarines.
"In ordering additional mitigation
to reduce the risk to marine mammals, the
order shifts the risk to sailors and Marines,"
Navy spokesman Capt. Scott Gureck said in
March.
The waters of southern California are home
to dozens of species of whales, dolphins,
seals and sea lions, nine of them endangered
or threatened. Federal courts have cited
scientific studies and the Navy's conclusions
that high levels of sonar can cause hearing
loss and disorientation in the animals.
The sonar sounds like a "ping, ping"
noise, and it can be reduced as necessary,
officers said.
But environmentalists say the sonar can
hurt whales farther than 1,000 meters away.
The appeals court cited studies that whales
have stranded themselves and died kilometers
away from sites where the Navy used sonar,
said Joel Reynolds of the Natural Resources
Defense Council.
It's "not just a question of a couple
of hundred yards," he said.
The defense council, which filed the original
lawsuit against the Navy to stop the Navy
from conducting planned exercises, accuses
the Bush administration of failing to conduct
a thorough environmental impact study.
The federal National Oceanic and Atmospheric
Administration had given the Navy permission
to continue to train, citing measures put
in place to minimize the impact on the mammals.
The issue now is whether the lower courts
properly blocked the use of sonar in the
military exercises after the White House
cited an "emergency circumstance"
that prevented an environmental impact statement
from being issued.
The Navy insists it needs powerful "active"
sonar technology to detect increasingly
quiet modern diesel-electric submarines
operated by potential U.S. adversaries.
In 2000, 16 whales beached themselves in
the Bahamas after the Navy concluded too
many sonar ships were operating in a narrow
underwater channel. The service says it
is providing $16 million for independent
research to minimize sonar's effect on marine
mammals.
Bill to Crack Down on Puppy Mills Now
on Louisiana Senate Floor
(Humane Society of the US post)
Louisiana has introduced legislation
(H.B. 1193) that would limit the
number of dogs kept by breeders, and prevent
the operation of factory farm type breeding
facilities. H.B. 1193
has already passed the House and now awaits
action in the Senate this week. However,
we expect an amendment to be introduced
that would counteract the intent of the
bill.
Puppy mills are breeding facilities that
mass-produce puppies for sale in pet stores,
over the Internet, and directly to the public.
Dogs are stacked in filthy wire cages, often
with no veterinary care or human interaction,
and they are treated not like pets but like
a cash crop. Mother dogs are constantly
bred and kept in continual confinement.
They are destroyed or discarded when they
can no longer churn out puppies.
Other Animal News: Emotional Distress Damages
awarded in Pet Food Settlement:
Terms of Pet Food Settlement
Announced
Menu Foods Inc. and others have agreed to
pay $32 million to settle more than 100
lawsuits filed by the owners of thousands
of pets killed or sickened by tainted pet
food. The proposed settlement would cover
documented expenses such as medical treatment,
euthanasia and burial costs in addition
to undocumented expenses for emotional
stress. District Judge Noel L. Hillman
is scheduled to rule on the settlement late
next week. Emilie Lounsberry, Philadelphia
Inquirer 05/23/2008
Read Article: Philadelphia Inquirer
Note: Ms. DiGiulio did not have clients
in this matter.
USDA Bans Downed Cows from
the Food Supply
HUMANE SOCIETY OF THE UNITED STATES,
update:
5/23/08
The Humane Society of the United States,
as a result of their recent undercover investigations,
helped achieve a major victory for farm
animals when the USDA announced it will
ban all downed cows from the food supply.
Although more needs to be done to protect
these animals, the ban will spare many of
these sick and crippled cows from further
mishandling and misery in the slaughterhouse.
New Law Cracks Down on Animal
Fighting and Puppy Mills
HUMANE SOCIETY OF THE UNITED STATES,
update:
5/23/08
The U.S. Senate yesterday followed the
lead of the House of Representatives and
overrode President Bush’s veto of the
Farm Bill, ushering in key new protections
for animals. The final bill -- which is
now considered law, except for one section
excluded due to a technical glitch -- bans
the import of puppies from foreign puppy
mills for commercial sale in the U.S. The
law spares young, unweaned, and unvaccinated
pups from harsh, long-distance transport
-- during which they are exposed to extreme
temperatures and often die in cargo holds
-- and will keep foreign breeders from adding
to the tragic overpopulation of pets in
this country.
The Farm bill also adds a provision to
federal law to make almost any form of animal
fighting a federal felony. It’s also
now a federal crime to knowingly possess
or train animals for fighting, and the maximum
prison time for a single violation of any
section of the law goes from three years
to five years. It is hard to overstate what
a blow this is to dogfighters and cockfighters,
and it brings us one step closer to eradicating
these criminal industries.
The law also authorizes an increase in
potential fines -- quadrupled from $2,500
to $10,000 -- for violations of the Animal
Welfare Act, fines that haven’t been
upgraded in more than 20 years. Such penalties
will more effectively deter abuses at puppy
mills, laboratories, circuses, and other
facilities that use animals
Derby Ends in Tragedy as Eight
Belles is euthanized.
May 3, 2008
People for the Ethical Treatment of Animals
has demanded sweeping change in the sport
of thoroughbred racing, including a ban
on whipping horses and the installation
of synthetic surfaces at all racetracks.
Read More at:
SPORTS
ILLUSTRATED.com
PEW COMMISSION UPDATE ON FARM
ANIMAL PRODUCTION
April 29, 2008
Pew Commission
Says Industrial Scale Farm Animal Production
Poses “Unacceptable” Risks to
Public Health, Environment go to Pew website
to read more>>
The Commission recommends the phase-out,
within ten years, of all intensive confinement
systems that restrict natural movement
and normal behaviors, including swine
gestation crates, restrictive swine farrowing
crates, cages used to house multiple egg-laying
chickens, commonly referred to as battery
cages, and the tethering or individual housing
of calves for the production of white
veal.
In addition, the Commission recommends
the end toforce-feeding of fowl to produce
foie gras, tail docking of dairy
cattle, and forced molting of laying hens
by feed removal.
Due to the capital investment in these
intensive confinement systems by many contract
producers,particularly in swine production,
the Commission recommends targeted assistance
be made available to contract producers
to facilitate the conversion from intensive
confinement systems, either through accelerated
depreciation or some other mechanism.
JOIN IFAW's Efforts to STOP
THE SEAL HUNT IN CANADA.
Visit STOPTHESEALHUNT.ORG
for more information. International Fund
for Animal Welfare
RECENT CARRIAGE HORSE
DEATH UNDERSCORES IMPORTANCE OF BAN
February 14, 2008
The Humane Society of the United States
today called the news of another New York
City carriage horse death a prime example
of why the city should adopt Councilman
Tony Avella's legislation to entirely ban
carriage horses from New York City.
Last week an eight-year-old Percheron carriage
horse was found dead in his stable. In an
unprecedented move, the Department of Health
has refused to provide its records to ASPCA
investigators who are charged with helping
to enforce city carriage horse welfare laws,
informing them that they needed to file
a Freedom of Information Act to obtain the
horse's veterinary and other records.
"The city's lack of transparency on
horse deaths is just one more reason that
horses do not belong on the crowded, congested
streets of modern cities," said Keith
Dane, director of equine protection for
The Humane Society of the United States.
"As we have seen far too many times,
mixing horses with busy city traffic is
a recipe for disaster. The city council
should take action to protect public safety
and horse welfare."
The September death of a carriage horse
coupled with a recent audit from City Comptroller
William Thompson showing the city's carriage
horses live and work in inhumane conditions
has placed renewed scrutiny on this threat
to public safety and animal welfare, and
spurred Councilman Avella to introduce this
legislation.
CHINESE PET FOOD FIRMS
INDICTED
February 6, 2008
Two Chinese and one U.S. company face
charges in the incident that killed dozens
of animals and sparked concern over China
products.
See CNNMoney.com RSS FEEDS (close)
February 6 2008: 4:49 PM EST
KANSAS CITY, Mo. (AP) -- Two Chinese businesses
and a U.S. company were indicted Wednesday
in the tainted pet food incidents that killed
dozens of animals last year and raised worries
about products made in China.
Xuzhou Anying Biologic Technology Development
Co., Suzhou Textiles, Silk, Light Industrial
Products, Arts and Crafts I/E, and Las Vegas-based
ChemNutra were charged in two separate but
related indictments. The U.S. attorney's
office in Kansas City said the tainted food
led to the death and serious illness of
pets in the U.S. last year.
One of the indictments charges Xuzhou Anying
Biologic, located in China's Jiangsu Province,
and Suzhou Textiles, in Suzhou, China, with
13 counts of introduction of adulterated
food into interstate commerce and 13 counts
of introduction of misbranded food into
interstate commerce.
ChemNutra and company owners Sally Quing
Miller, a Chinese national, and her husband,
Stephen S. Miller were charged with 13 counts
of introduction of adulterated food into
interstate commerce, 13 counts of introduction
of misbranded food into interstate commerce
and one count of conspiracy to commit wire
fraud.
Tainted Chinese products: Dumbest moments
in business
The indictments allege that Suzhou Textiles,
an export broker, mislabeled 800 metric
tons of wheat gluten tainted with the toxic
chemical melamine to avoid inspection in
China. Xuzhou then did not properly declare
the contaminated product it shipped to the
U.S. as a material to be used in food, the
indictment says.
It also says the shipment was falsely declared
to the Chinese government in a way that
would avoid a mandatory inspection of the
company's plants.
According to the indictment, ChemNutra
picked up the melamine-tainted product at
a port of entry in Kansas City, then sold
it to makers of various brands of pet foods.
The indictment alleges that the melamine
was added to make the gluten meet the required
standard for protein content specified in
the contract between Suzhou and ChemNutra.
"Millions of pet owners remember the
anxiety of last year's pet food recall.
These indictments are the product of an
investigation that began in the wake of
that recall," U.S. Attorney John Wood
said in a news release announcing the indictments.
ChemNutra did not immediately return a
call seeking comment.
The indictment also names Xuzhou Anying
Biologic owner and manager, Mao Linzhun,
and Suzhou Textiles' President Chen Zhen
Hao.
CNN.COM
1/30/2008
Video of workers abusing cows raises
food safety questionsStory Highlights
Hidden-camera video shows workers shocking,
kicking, jabbing weakened cows
WASHINGTON (CNN) -- A video showing California
slaughterhouse workers abusing dairy cows
-- a violation that raises questions about
U.S. food safety -- was released by the
Humane Society of the United States on Wednesday.
The video, which one lawmaker said raises
questions about the safety of the nation's
food supply, shows Hallmark Meat Packing
Co. workers administering repeated electric
shocks to the downed cows -- animals that
are too sick, weak or otherwise unable to
stand on their own. Workers are seen kicking
cows, jabbing them near their eyes, ramming
them with a forklift and shooting high-intensity
water up their noses in an effort to force
them to their feet for slaughter.
The society says the video was shot last
year by an undercover investigator who wore
a hidden camera under his clothes when he
worked at the facility.
Hallmark Meat Packing Co., based in Chino,
California, sells beef to its sister company,
Westland Meat, which distributes it to various
federal programs, including the National
School Lunch Program. Watch the video of
cows being abused »
Downed cows are more easily contaminated
and may carry diseases harmful to consumers.
U.S. Department of Agriculture regulations
prohibit allowing disabled or contaminated
animals into the food supply. Officials
said they would investigate.
Don't Miss
Humane Society of the United States
"This must serve as a five-alarm call
to action for Congress and the U.S. Department
of Agriculture," said Wayne Pacelle,
Humane Society president. "Our government
simply must act quickly both to guarantee
the most basic level of humane treatment
for farm animals and to protect America's
most vulnerable people -- our children,
needy families and the elderly -- from the
potentially dangerous food."
The Associated Press reported that the
Agriculture Department is investigating
the possible violation of state and federal
laws at the slaughterhouse. Agriculture
Secretary Ed Schafer said "appropriate
actions will be taken" if violations
are found in the facility, and added there
is no evidence the nation's beef supply
is at risk.
"There is no immediate health risk
that we are aware of," he said.
Sen. Dick Durbin, D-Illinois, sent letters
Wednesday to the agriculture secretary and
the head of the Food Safety and Inspection
Service (FSIS) asking for an immediate investigation
into the safety of ground beef being used
in the National School Lunch Program.
"The treatment of animals in this
video is appalling, but more than that,
it raises significant concerns about the
safety of the food being served to our nation's
children," Durbin said. "The apparent
slaughter of sick and weak animals not only
appears to violate USDA regulations, but
could be a danger to our nation's food supply."
He called on the USDA to investigate and
urged FSIS to act immediately "to review
the safety of the food being used in the
school lunch program."
Westland, the second-largest supplier of
beef for the National School Lunch Program,
was named "supplier of the year"
in 2004-2005 by the Agriculture Department.
It has delivered beef to schools in 36 states.
In a written statement, Steve Mendell,
president of both Westland and Hallmark,
said the company has terminated the two
employees in the video and suspended their
supervisor.
"We are shocked, saddened and sickened
by what we have seen today. Operations have
been immediately suspended until we can
meet with all our employees and be assured
these sorts of activities never again happen
at our facility," he said.
The statement did not address whether meat
from the sick cows in the video ever entered
the food supply.
The USDA, in its news release, said it was
"unfortunate" the Humane Society
"did not present this information to
use when these alleged violations occurred
in the fall of 2007."
The Humane Society, in its statement, said
it had turned the information over to "California
law enforcement officials" at that
time, and "local authorities asked
for extra time before public release of
the information."
HELP
CREATE AN ANIMAL
LAW SECTION OF THE LOUISIANA
STATE BAR ASSOCIATION
The time has come for an Animal Law Section
of the Louisiana State Bar Association.
The next Board of Governors meeting will
take place in January 2008. WE NEED AS
MANY SIGNATURES AS POSSIBLE from active
members of the LSBA and non-members who
would like to see the formation of the Section.
Review the proposed LETTER
TO THE BOARD OF GOVERNORS
,
BYLAWS, and RESOLUTION
here! (Word Documents)
Members of the LSBA,
send an email to ariel@arieldigiulio.com
stating that you would
like the Board to vote in favor of
creating an Animal Law Section of the
Louisiana State Bar Association. Also,
please supply your bar roll number for our
list. OR, send or fax a letter to my office
stating your intent to join the Animal Law
Section of the LSBA. Law Office of Ariel
K. DiGiulio, 422 Notre Dame Street, New
Orleans, LA 70130,
Fax: 504-524-4084.
Non-members of the LSBA,
send an email to ariel@arieldigiulio.com
stating that you would
like the Board to vote in favor of
creating an Animal Law Section of the
Louisiana State Bar Association for
your benefit as a member of society. OR,
send or fax a letter to my office stating
same to: Law Office of Ariel K. DiGiulio,
422 Notre Dame Street, New Orleans, LA 70130,
Fax: 504-524-4084
|
