Animal and Natural Resource Law Review Vol XXI

Articles

Bred to Suffer: A Consideration of Agricultural Breeding Practices and Farmed Animal Welfare

Meghan Jones ........................................................................................1

Suppose animals raised for food were no longer animals at all, but mere genetic constructs—beings engineered for singular purposes, like shapeless, senseless chickens transformed into egg-laying machines. Although this might appear to be a distant dystopian scenario, the reality of many farmed animals in the United States today and in the near future may mirror this more closely than one would expect. From modern chickens who can reach double the weight in half the time they could sixty years ago, to the advancement of breeding technology that promises futuristic turkeys engineered with a silenced “mothering gene,” the relentless drive for maximum production inherent in modern farming has resulted in animals bred to produce more meat, milk, and eggs than ever before, yet who suffer debilitating physical conditions and endure chronic emotional distress to do so. Regulating breeding as an aspect of welfare, and preventing the use of transgenic breeding technologies to further entrench suffering is a necessary step to protect farmed animal integrity and wellbeing.

The History of the Norway Rat: What Cities Have Been Doing vs. What They Should Be Doing to Humanely Manage Populations

Blair Eagleson .....................................................................................25

The Norway rat has spread across the world, thriving in human environments and adapting to urban landscapes. In recent years, rat populations have risen dramatically, leaving cities struggling to find effective management strategies. Traditional extermination methods, such as poisons and traps, often prove ineffective or inhumane and cause secondary poisoning in wildlife and pets, while more sustainable approaches—like waste control and habitat modification—are still underutilized. Some cities attempt eradication, while others explore coexistence, but no universal solution has emerged. As urban rat populations continue to grow, policymakers must balance public health, environmental concerns, and ethical considerations in developing long-term strategies.

Animal Abuse Propensity Evidence Should Have Presumptive Admissibility Against Defendants for Violent Acts

Yara Khalil ...........................................................................................51

This Article proposes the adoption of a federal rule of evidence that creates a more liberal presumption of admissibility for character evidence of animal abuse in cases involving violent crimes. Drawing on extensive empirical research and psychological studies, this Article argues that animal abuse is a highly indicative predictor of violent behavior, with a significant correlation to the commission of crimes such as domestic violence, assault, and homicide. While acknowledging the potential risks of unfair prejudice, this Article contends that Federal Rule of Evidence 403’s balancing test can mitigate these concerns, ensuring that the probative value of such evidence outweighs its prejudicial effect. Given that only a small percentage of individuals engage in animal abuse, and the inherent heinousness of the act, this Article asserts that allowing evidence of past animal abuse would provide jurors and judges with crucial insight into the accused’s propensity for violence, thereby enhancing the fairness and accuracy of trials in which violent crimes are alleged.

Safeguarding Our Water: Recommendations for Amending the Great Lakes Compact

Abigail Stoll .........................................................................................73

The Great Lakes represent the largest freshwater system on earth, supplying clean water to over 30 million people and supporting diverse ecosystems and critical industries. The 2008 Great Lakes – St. Lawrence River Basin Water Resources Compact marked a significant step toward preserving this essential resource by prohibiting most water diversions outside the Great Lakes Basin. However, the Compact’s effectiveness is undermined by critical legal vulnerabilities, including the “bottled water loophole,” which allows substantial water extraction if held in containers of 5.7 gallons or less. Additionally, the ambiguous definition of “public use” leaves the Compact susceptible to exploitation by private interests, while the inconsistent approval process for “straddling community” applications creates opportunities for divergence from its intended purpose.

This Note explores the historical and legal context of Great Lakes water governance, analyzes key diversion applications, and situates current Compact weaknesses within the global water crisis. It proposes targeted amendments to close the bottled water loophole, standardize approval processes for straddling communities through regional majority voting, and establish a clearer definition of public use. These reforms are necessary to fortify the Compact against corporate exploitation, preserve the ecological integrity of the Great Lakes, and protect this indispensable resource for future generations.

Don’t Shock the Dog: Addressing Animal Welfare and Consumer Protection in the Dog Training Industry

Krista Wirth..........................................................................................97

Dog training is a rapidly growing industry. More than eighty million dogs live in U.S. households, and many dog guardians will seek the assistance of a dog trainer at some point in their dog’s lifetime. However, a lack of regulation in the dog training industry exposes dogs and people to substantial health, safety, welfare, and consumer protection issues. A key concern is the widespread availability and use of aversive training devices like shock collars. Several countries have banned shock collars. A small number of jurisdictions within the U.S. have attempted to ban shock collars or regulate the dog training profession, but little progress has been made.

This Note analyzes the dog-training industry and the use of shock collars from a legal perspective. It discusses the positions of professional veterinary and animal behavior associations; examines attempts to regulate the industry; analyzes the U.S. Food and Drug Administration Center for Veterinary Medicine’s past policy guidance on bark-activated shock collars, which deemed the devices “hazardous to the health of the animal”; explores shock collar regulation in other countries, as well as device bans in other nonhuman animal industries like the rodeo industry; and proposes solutions to advance dog welfare. It argues that states should adopt professional licensing requirements for dog trainers and that authorities should ban shock collars.

Green Deaths: Equal Parts Death and Nature

Kathryn Rejaei ...................................................................................123

As environmental concerns and sustainability efforts continue to shape legal and social landscapes, the concept of “green deaths” is gaining traction as an eco-conscious alternative to traditional burial and cremation practices. Conventional methods of handling human remains often involve significant environmental costs, from embalming chemicals contaminating soil and groundwater to the high carbon emissions of cremation. Additionally, many countries, including the United States, face a growing crisis of cemetery overcrowding due to the practice of holding graves in perpetuity, which limits available land for future burials but also limits what recourse can be taken to mitigate soil and groundwater contamination from continuing. Unlike other countries where graves are leased for a fixed term, U.S. cemeteries often maintain burial plots indefinitely, leading to the dwindling of available land for new burials. In response, natural burials, human composting, and alkaline hydrolysis have emerged as sustainable alternatives that seek to offer environmentally responsible solutions and can also work to reduce land use. However, the legal barriers, recognition, and regulation of these methods vary widely across jurisdictions, creating a complex and evolving legal landscape that requires careful examination.

This Article explores the regulatory frameworks governing green burial practices, analyzing the legal, ethical, and cultural challenges they present. It considers the intersection of environmental policy and death care law, highlighting legislative trends and gaps that may hinder broader adoption of sustainable burial options and addressing the burial space scarcity issue. Additionally, it examines the role of the funeral industry, religious perspectives, and consumer preferences in shaping legal responses to these practices. As public interest in environmentally responsible burial alternatives grows, legal systems must adapt to accommodate these shifting attitudes and limitations of our literal landscape. By evaluating the shifting legal and societal attitudes toward green burial options, this Article underscores the need for clear, consistent legal standards that balance environmental responsibility with personal and cultural considerations.

Carp as an Invasive Species: Regulation Effects on the Economy, Ecosystem, and Environment

Quinlan Sharkey.................................................................................151

Invasive Asian carp have harmed United States waterways for decades. Their presence causes damaging environmental, economic, and ecological impacts throughout the country. This species is difficult to eradicate due to their adaptability and ambitious appetite—it is a super fish that disrupts local ecosystems’ food webs as it climbs to the top of the hierarchy, making it difficult for other species to prosper. This fish can quite literally change its body composition to adapt to various environments. Invasive carp are sturdy, disruptive, and intelligent. The question is, how can they be stopped?

Asian carp were originally introduced to aquaculture ponds and wastewater treatment facilities to clear weeds and parasites. Flood waters then dispersed the fish into rivers, streams, and lakes, which caused this destructive species to spread. Invasive carp are in direct competition with native aquatic species for food and habitat. An important aspect of this discussion includes how invasive carp are addressed throughout the country by regulations like the National Invasive Species Act of 1996 and the Lacey Act.

This Article affords special attention to the economic effects of invasive carp and also describes related economic issues stemming from the various regulations intended to control invasive species. Furthermore, this Article briefly discusses invasive carp control methods. Finally, it concludes with a proposal on how to curb the negative effects of carp as an invasive species.

Embracing Active and Cooperative Management of Invasive Species Under the Wilderness Act

Andrea Messing..................................................................................173

The Wilderness Act of 1964 was designed to preserve designated wilderness areas in their natural states, free from human intervention. However, the spread of invasive species presents a growing ecological threat that the Act’s original “hands-off” philosophy struggles to address. This Note examines the historical context of the Wilderness Act, the challenges posed by invasive species, and the tension between strict non-intervention policies and the necessity of adaptive management. It argues for a reevaluation of the Act’s rigid structure to permit carefully regulated, cooperative management strategies that adopt a modern ecological understanding. By exploring successful collaborative models between federal and state agencies, as well as Indigenous stewardship and judicial precedent, this Note advocates for a pragmatic approach that balances the core values of wilderness preservation with the urgent need to protect ecosystems from invasive species.