News Archives

Summary: This page provides archives of the news items that appeared on the website's front page. The month and year of the news story is listed.

2024

May/June 2024

News of shark sightings and attacks in U.S. underscore need to understand and protect these ocean predators. Recently, the Gulf Coast of Florida made headlines due to tragic shark attacks on beachgoers. According to news reports, not only are these incidents “very rare” but are fueled by the presence of schooling small fish, common this time of year. Sharks play a critical role as “doctors of the ocean” – removing unhealthy or dying members of prey animals and preventing disease spread. Due to this recognition of their importance, the commercial trade in shark fins was prohibited by H.R. 7776 in December of 2022. At least 12 states have enacted their own bans, including California, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New York, Oregon, Rhode Island, Texas, Nevada, Washington.

Vermont joins growing list of states banning retail sale of dogs and cats in pet stores. Beginning July 1, 2024, the retail sale of dogs, cats, and wolf-hybrids by a pet shop will be banned in the state of Vermont via S. 301 (codified as 20 V.S.A. § 3931). Vermont joins several other states that previously passed such legislation including California, Colorado, Illinois, Maine, Maryland, New York, Oregon and Washington. The laws are aimed at the sale of dogs sourced from “puppy mills,” effectively eliminating what has been called the “pipeline” of dogs from substandard commercial breeding facilities with little oversight to unsuspecting pet buyers. In addition to state laws, hundreds of cities across the country have enacted such bans.

New Jersey enacts law to end cruel confinement of veal calves and pregnant pigs. On July 26th, New Jersey governor Phil Murphy signed A1970/S1298 into law. The bill prohibits the confinement of breeding pigs and calves raised for veal in a manner that unduly restricts movement or provides inadequate space. Violation of the bill’s prohibitions constitutes a disorderly persons offense and would also be a civil violation of the animal cruelty laws subject to a civil penalty of not less than $250 or more than $1,000. A gestation crate is a metal cage so small that a mother pig is unable to turn around or move freely for virtually her entire life. Veal crates are small, individual cages used to confine newborn calves prior to slaughter preventing almost any natural behavior and social interaction. According to the Animal Legal Defense Fund (ALDF), the bill's enactment reflects a 13-year campaign to lessen animal suffering and protect consumers from zoonotic disease potential linked to extreme confinement of farm animals.

March/April 2024

Washington becomes 12th state to enact law that bans animal testing for cosmetic products. In March, Washington Governor Jay Inslee signed H.B. 1097 into law. This law, which becomes effective on January 1, 2025, makes it unlawful for a manufacturer to sell or offer for sale in this state a cosmetic if the cosmetic was developed or manufactured using cosmetic animal testing that was conducted or contracted for by the manufacturer or any supplier of the manufacturer. Washington joins eleven other states with such legislation including California, Hawaii, Illinois, Louisiana, Maine, Maryland, Nevada, New Jersey, New York, Oregon and Virginia (see the Map of State Laws). According to the Humane Society of the United States, about 45 other countries ban this type of animal testing. Unfortunately, current U.S. federal animal protection laws like the Animal Welfare Act exclude species most often used in cosmetic testing. Check out the Topic Introduction to learn more.

New Hampshire considers ban on for-profit breeding of brachycephalic dogs. Brachycephalic dogs fall under some 24 registered breeds that have flat faces, wide skulls, and disproportionately longer lower jaws. These include two of the most popularly bred dogs, the Bulldog and French Bulldog, but also Affenpinscher, Brussels Griffon, Dogue de Bordeaux, Japanese Chin, Lhasa Apso, Brasileiro, and Pekingese. Brachycephalic breeds are at increased risk for numerous morbidities due to their inability to breathe normally. These dogs may develop brachycephalic obstructive airway syndrome (BOAS) because of their shortened noses and skulls. New Hampshire HB 1102 adds a new section to RSA 644:8, the state’s primary anti-cruelty law, making it a crime for anyone who “[s]ells an animal that has a birth deformity that causes suffering, such as brachycephaly, or the intentional breeding with the intent to sell, 2 individual animals with the same birth deformity that causes suffering, such as brachycephaly.” The bill will be introduced January 3, 2024, and referred to the Environment and Agriculture committee.

January/February 2024

Tacoma, WA becomes first city in Washington to ban cat declawing; Pennsylvania lawmaker proposes anti-declaw bill. In early December, the Tacoma City Council voted to ban non-therapeutic onychectomy, otherwise known as cat declawing through new Section 17.02.155. An onychectomy, or cat declawing, amputates the last bone in each toe of a cat, often causing a lifetime of pain and behavioral issues. Tacoma's ordinance goes into effect on March 1, 2024, and violation results in a civil infraction with a penalty of up to $250. In 2019, New York became the first state to ban declawing with Maryland following in 2022. In 2023, Washington, D.C. banned the practice (§ 22–1012.03). The City of West Hollywood, CA was the first city in the United States to ban cat declawing in 2003 and several cities have enacted similar bans since then. Curious to learn more about non-therapeutic procedures for companion animals? Check out our Topic Intro.

2023

September 2023

China faces possible sanctions by U.S. over failure to stop trade in critically endangered pangolins. Secretary Deb Haaland of the U.S. Department of the Interior notified the U.S. Senate and House of Representatives of her finding that nationals of the People’s Republic of China (PRC) are diminishing the effectiveness of CITES by engaging in trade or taking of pangolin species, pursuant to the Pelly Amendment. Under the Pelly Amendment to the Fishermen’s Protective Act of 1967, when the Secretary of the Interior finds that “nationals of a foreign country . . . are engaging in trade or taking which diminishes the effectiveness of any international program for endangered or threatened species,” such as CITES, the Secretary must certify that finding to the President. Once a Pelly Certification has occurred, it is then up to the President to determine whether to take action to encourage other nations to comply with treaty obligations, typically by unilateral trade sanctions. Pangolins, scaley mammals indigenous to both Africa and Asia, are the most heavily trafficked animals in the world due, in large part, to their value in traditional Chinese medicine.

Texas enacts law banning convicted animal abusers from owning pets for five years. With HB 598 (V.T.C.A., Penal Code § 42.107) signed into law, Texas joins approximately 39 other states that restrain or ban animal offenders from possessing pets after conviction. As of September 1, 2023, Texas makes it a Class C misdemeanor to own or possess an animal within five years if previously convicted of cruelty to livestock animals (§ 42.09), cruelty to non-livestock animals (§ 42.10), or dogfighting (§ 42.10). State possession bans vary, with half of those states mandating bans at sentencing and the remainder giving a judge discretion to impose restraints on ownership. Most states have a five-year ban, but California allows ten years for a felony conviction and Delaware expands this to fifteen years. Several states including Maine, Michigan, and Washington enable courts to impose permanent relinquishment of the ability to own or possess animals. Check out our Map to see what your state law says.

June 2023

U.S. Endangered Species Act turns 50 years old. In June 2023, the federal Endangered Species Act (ESA), arguably one of the most successful animal protection laws, turns 50. Despite this, Congress is actively seeking to overturn some protective mechanisms issued under the Act. According to Michigan Public Radio, the U.S. Senate voted to overturn the ESA three times using the Congressional Review Act on issues involving listing of the northern long-eared bat and habitat rules from 2020. The northern long-eared bat population has been dramatically affected by white nose syndrome, a fungal infection that interrupts bat hibernation. In addition, the Trump Administration issued a last-minute rule that restricted how habitat could be defined, effectively disregarding changing habitat due to climate change and other factors affecting species range. The purposed congressional action would put a stop to the Biden Administration's efforts to undo that eleventh hour Trump rule. According to the Environmental Protection Agency (EPA), there are more than 1,300 species listed as either endangered or threatened under the ESA.

New York Senate considers “Primate Protection Act,” which would outlaw use of primates in most entertainment venues. New York Senate Bill 6905, sponsored by James Skoufis, states its purpose "is to safeguard all primates from the physical and psychological harm inflicted upon them by living conditions, treatment, and cruel methods that are necessary to train them to perform in entertainment acts." The bill recognizes that primates are "highly intelligent, social animals with complex emotional and cognitive needs" and the harsh training methods and conditions associated with use in entertainment subjects them to "physical and psychological harm." The bill has been referred to the Senate Committee on Agriculture. Only a few other states prohibit the use of primates in circuses and other traveling animals venues, including California, Colorado, Hawaii (indirectly by banning import), and New Jersey. In 2021, the Traveling Exotic Animal and Public Safety Protection Act (TEAPSPA) (H.R. 5999) was introduced in the U.S. House, which would amend the Animal Welfare Act to ban the use of wild or exotic animals in traveling animal acts. So far, no further action has been taken.

Curious what animal-related laws were added or amended in 2022? To find the answer, check out our Table of Statutory Amendments for 2022. Overall, there were fewer changes than in past years. Laws concerning animals used in research were a hot topic again with Iowa and Massachusetts passing “beagle freedom” laws and two others banning animal testing for cosmetics. Importantly, Maryland became the second state to ban cat declawing. Several states enhanced laws requiring certain entities to scan impounded pets for microchips. However, animal protection and anti-cruelty laws received only minor attention. Was this year an anomaly or has significant change within animal law reached a legislative plateau?

April - May 2023

And then there was one. On March 30, 2023, New Mexico Governor Lujan Grisham singed SB 215, the Animal Sexual Abuse Act, into law. The act creates the crime of “bestiality,” defined as sexual contact with an animal. A person who commits the act of bestiality or promoting bestiality is a fourth degree felony. Aggravated bestiality, which is a third degree felony, involves those acts with or in the presence of a minor. Conviction under this law results in seizure of animals under the direct care of the perpetrator as well as bans on future possession of animals. With the addition of New Mexico, there are now 49 states with such laws. Only West Virginia remains without a law. For more on these state laws, see the Table of Animal Sexual Assault Laws.

Are more states looking to regulate pets in cars? These days, increasing numbers of companion animals are hitting the road with their humans. This raises legal concerns, from pets being left in parked cars under dangerous conditions to pets riding in the laps of their owners. Only a few states really address this issue directly like Hawaii, New Jersey, and Rhode Island. However, states like Florida, Illinois, and New Hampshire are considering bills to regulate the safety of dogs in moving vehicles. Both Illinois and New Hampshire have bills that seek to ban drivers from having dogs in their lap when driving and Florida wants to prevent dogs from sticking their heads out windows. Ultimately, states are trying to prevent injury to pets as well as distracted driving.

March 2023

The Big Cat Public Safety Act signed into law by President Biden. On December 20, 2022, Pres. Biden signed H.R. 263 into law, prohibiting the breeding of big cats for private possession. The law adds several provisions to the Lacey Act Amendments Act of 1981. Notably, the law prohibits licensed exhibitors from hands-on experiences with the public, closing lucrative bottle-feeding of cubs and "tiger selfies" which are said to drive the rapid breeding and disposal of big cats to keep cubs on hand. While exhibitors may continue to exhibit their animals, no further breeding or acquisition of animals is allowed. Private owners must register their animals with the U.S. Fish and Wildlife Service within 180 days of the law’s passage. Violation incurs substantial civil and criminal penalties.

New York Governor Kathy Hochul signs Cruelty Free Cosmetics Act into law. Gov. Hochul signed A.5653B/S.4839B into law on December 15, 2022. The new section of the General Business code prohibits the manufacture and sale of cosmetics in New York State that have been tested on animals and takes effect in January, 2023. The attorney general may bring an action or special proceeding in the supreme court for a judgment enjoining such a violation and for a civil penalty of not more than $5,000 for the first violation and not more than $1,000 per day if the violation continues. New York joins several other states that have enacted similar laws in recent years such as California, Hawaii, Illinois, Louisiana, Maine, Maryland, Nevada, New Jersey, and Virginia.

January - February 2023

Massachusetts becomes 12^th state to enact a “Beagle Freedom Law.” On August 4, 2022, Governor Charlie Baker signed H. 901 into law. This new law mandates that “a research facility or product testing facility shall, after the completion of any testing or research involving a dog or cat that does not require euthanasia of the animal upon the termination of the study . . . make a reasonable effort to offer the dog or cat for adoption to an individual, an animal shelter or an animal rescue organization for the purpose of facilitating the adoption of said dog or cat to a permanent adoptive home.” The research or animal testing facilities may also enter into cooperative agreements with animal rescue organizations to carry out the provisions of this new law. To see the states that have enacted these laws, please see our Map.

2022

July - August 2022

The SWIMS Act introduced in U.S. House would end import and export of certain marine mammals for public display. The Strengthening Welfare in Marine Settings Act of 2022, or SWIMS Act (HR 8514), was developed by advocacy organization the Nonhuman Rights Project. The act would amend the Marine Mammal Protection Act by banning the export or import of cetaceans like orcas, beluga whales, false killer whales, and pilot whales for public display in captivity. Only export and import for the purpose of bringing the animals to an approved marine mammal sanctuary would be allowed. In addition, the act amends the Animal Welfare Act by making it “unlawful for any person to breed or artificially inseminate any orca, beluga whale, false killer whale, or pilot whale for purposes of using the progeny of such species for public display.” If passed the SWIMS Act would be the first amendment to the MMPA in nearly 30 years. Want more on the MMPA? Check out our new article: Reviewing the Marine Mammal Protection Act Through a Modern Lens by Bradley Varner.

California (AB 2606) and Delaware (HB 333) ponder cat “declawing” bans in 2022. In 2019, New York became the first state to ban this elective and painful surgery for cats (McKinney's Agriculture and Markets Law § 381). Maryland’s Governor Larry Hogan signed HB0022 in April of 2022 to become the second state to ban the procedure (which becomes effective on October 1, 2022). Amputation of a cat’s toes through onychectomy (the formal name for cat declawing) is not the only convenience surgery regularly performed on companion animals. States have begun to examine non-therapeutic tail docking and ear cropping in dogs as well, though no state bans those procedures outright. Curious to learn more about medically unnecessary surgeries in companion animals? Check out our new paper Detailed Discussion of Non-Therapeutic Procedures for Companion Animals by Asia Siev.

May - June 2022

How much has really changed for companion animals in 15 years? In 2007, one of our editors surveyed state cases involving harm to companion animals - "pet damages" as it is often known. At that time, there were very few cases that looked beyond traditional market value for injury or loss of pets and even fewer that considered non-economic damages like emotional distress damages and loss of companionship. Recently, our Legal Fellow revised the Detailed Discussion of Pet Damages by taking another look at pet damages jurisprudence and found virtually no change in 15 years. Fair market value - the value of an item at the time of destruction or the cost to replace something - remains the overriding approach by courts. Interestingly, society's view of pets continues to evolve, with 95% of people considering dogs, cats, and the like to be family members. This is up by seven percentage points from 2007. Court opinions acknowledge this disconnect between societal views and the legal system, but suggest that, without established precedent, change must come from state legislatures.

The start to summer also marks the beginning of peak season for rabies - does your state require vaccination? Rabies has been a problem throughout human history. In 1885, a rabies vaccine was developed that saved many from this inevitably fatal disease. Nearly 100 years, a laboratory developed the first vaccine for dogs that supplied a three-year immunity against the virus. This development effectively eradicated the canine-derived variant in many countries. As a result, over the decades, many states made vaccination against rabies a requirement within their state laws. Some state laws delegate this authority to city and county health departments. About 40 states have some sort of rabies law on their books. What does your state require? See our Table of Rabies Laws to find out more!

Curious about changes to state animal-related laws in 2021? Look no further! Our Table of Statutory Amendments from 2021 allows you to see all of the major changes right in one table with links to the new or amended law. Highlights include Arizona adding a possession ban for those convicted of animal cruelty crimes, making it the 39th state with such a law. Washington became the fifth state to ban the sale of dogs and cats at retail pet stores. Nevada and New York now prohibit discrimination against dog breeds in home owners insurance policies by state insurers. Hawaii became the first state in the nation to mandate microchipping of dogs and cats. Texas strengthened its dog tethering provisions through passage of the Safe Outdoor Dog Act. On the wild animal side, Maryland banned brutal "killing contests" and Virginia outlawed wildlife exhibitors from offering direct contact with dangerous wild animals. Check out the table for all the changes last year!

April 2022

Nevada and now New York pass legislation to prohibit discrimination based on dog breed by insurance companies. Over the summer, Nevada Governor Steve Sisolak signed SB 103 into law, which prohibits an insurer from refusing to issue, cancelling, refusing to renew or increasing the premium or rate for certain policies of insurance on the sole basis of the specific breed or mixture of breeds. On October 30th, New York Governor Kathy Hochul signed Senate Bill 4254, which states, “[w]ith respect to homeowners’ insurance policies . . . no insurer shall refuse to issue or renew, cancel, or charge or impose an increased premium or rate . . . based solely upon harboring or owning any dog of a specific breed or mixture of breeds.” Animal advocates contend that insurance breed bans were the result of sensationalized news stories on pitbulls from the 1980s. Other small dog breeds are statistically more aggressive and insurance claims for liability related to dog bites are actually a small percentage of all claims according to a NYS Animal Protection Federation white paper developed in support of the NY legislation (see also The Case Against Dog Breed Discrimination by Homeowners' Insurance Companies, 11 Conn. Ins. L.J. 1 (2004)). At least 22 other states have previously enacted such legislation.

Texas passes Safe Outdoor Dogs Bill, which prohibits dogs from being left unattended or cruelly restrained outside. Senate Bill 5 was signed into law on October 29, 2021 by Governor Greg Abbott and goes into effect on January 18, 2022. Under the changes, owners will be barred from tying up their dogs outside with chains or weighed-down restraints. The length of an outdoor restraint must be 10 feet long or five times the dog’s length from nose to tail. The law removes the 24-hour waiting period before law enforcement can intervene that existed in the 2007 tethering law. The new law establishes a Class C misdemeanor violation for first-time offenders and a Class B misdemeanor for subsequent offenses. Owners must now provide "adequate shelter" to leave a dog outside, which includes protection from direct sunlight, drinking water, and sufficient space for dogs to avoid standing water and exposure to excessive animal waste.

January - March 2022

California State Assembly introduces landmark “Dog and Cat Bill of Rights.” Assembly member Miguel Santiago introduced AB 1881 in February, which lists seven legal rights for dogs and cats in the state. The bill requires animal shelters to post the list of rights so potential adopters can understand the complex needs of these animal companions. Among the listed rights include basic rights like food, water, and shelter, but also more complex ideas like the right to mental stimulation and exercise. Even more significant, the bill provides a “right to a life of comfort, free of fear and anxiety.” Agencies required to post the rights and fail to do so would face a $250 fine, which helps fund the program. The bill states that "[i]t is the intent of the Legislature that the Dog and Cat Bill of Rights set forth in Section 31801 inform potential owners of the standards for basic physical care and emotional well-being of dogs and cats.” The bill has been referred to committee for further evaluation.

2021

December 2021

Spain amends Civil Code to change the legal status of animals from "things" to "sentient beings." On December 2, 2021, Spain's Congress approved the Proposed Law amending the Civil Code in which animals leave behind their status of "things" to be considered "beings endowed with sentience.” This change follows the footsteps of countries such as Austria, Germany, and Switzerland, as well as the 2009 Lisbon Treaty that declared animals "sentient beings" in art. 13. In addition, the modification of the Civil Code also affects the Mortgage Law and the Civil Procedure Law so that animals cannot be treated as seizable objects and can be considered for shared custody in the event of a marital dissolution. This change reflects decades of work by Dr. Marita Giménez-Candela and the entire team of researchers at the International Center for Animal Law and Policy (ICALP). For more, see the ICALP.

November 2021

New York joins four other states with "best interests" of pets in divorce laws while Spain recognizes "co-caretakers" in pioneering divorce court ruling. On October 25, 2021, Governor Kathy Hochul signed A05775 into law (go to https://nyassembly.gov/ and enter the bill number in the search index to read the bill). The amends the domestic relations law by allowing court to determine the "best interest of such animal" in awarding possession of a companion animal. New York joins Alaska, California, Illinois, and New Hampshire as states with laws that allow companion animal considerations in marriage dissolution. Across the pond, a court in Madrid, Spain granted joint custody to divorcing spouses of a dog named Panda. One of the lawyers involved said the case was "pioneering" because the judge referred to the parties as "jointly responsible" and "co-caretakers" rather than just "co-owners." Some suggest that such changes to these laws both in the U.S. and abroad demonstrate a shift in the pets-as-property paradigm..

October 2021

Reno City Council and other municipalities in Nevada adopt resolutions to ban “wildlife killing contests” while state board mulls a decision. According to the Animal Legal Defense Fund (ALDF), a wildlife killing contest is an event where hunters meet to kill native wildlife (coyotes, wolves, foxes, prairie dogs and others) and prizes are awarded for the most animals killed or the largest specimen killed. Most animal advocates and conservation authorities note that such contests may actually stimulate wildlife migration into those areas thereby increasing predator numbers and leave baby animals orphaned. On Friday September 24^th, the Nevada Board of Wildlife Commissioners met to discuss the contentious issues of wildlife killing contests and bear hunts. While the state’s director noted that the meeting was dominated by the “extremes” on the issue, municipalities previously stepped up to ban these killing contests. In addition to Reno, Clark County has also issued a resolution condemning the practice and urging the state commission to follow suit. If the state bans the contests, Nevada would join Arizona, California, Colorado, Massachusetts, New Mexico, Vermont, Washington and, most recently, Maryland, which banned the contest killing of cownose rays.

U.S. Fish and Wildlife Service (USFWS) prepares to list the emperor penguin as a threatened species on the federal Endangered Species List. On August 3^rd, the USFWS issued a press release explaining a proposed rule to list the emperor penguin, a flightless seabird endemic to Antarctica, as threatened with under the Endangered Species Act (ESA). The USFWS specifically attributes climate change as the primary threat to the species due to melting sea ice. In fact, one article predicts that this species will be effectively extinct by 2100 if no action is taken. The proposed rule is now open for public comment until October 4^th. What makes this listing more important is that it represents a reversal from the Trump administration’s stance on the Endangered Species Act. In September of 2019, Trump issued roll-backs to ESA protections by requiring that risks to species would be based only on the “foreseeable future” and economic impacts would be part of the scientific consideration process in listing a species. The “foreseeable future” language was interpreted to be a push-back to the established science on climate change. While President Biden has signaled a reversal of these Trump-era ESA changes, change federal rules requires engaging in a formal rulemaking process that can take months or even years unless an agency admits fault or withdraws the rules.

Approaching summer heat means more emergency calls on dogs being left in hot cars. Currently, 31 states have laws that specifically address dogs and sometimes other domestic animals being left unattended in motor vehicles during dangerous weather conditions. A simple Internet search reveals stories of animals being rescued from overheated vehicles beginning around this time of year (in late April, Sarasota, FL police broke a window and rescued “Moose” the dog from an unattended car that had reached 111 degrees). About half of the states with laws have what can be termed “Good Samaritan” rescue laws, meaning any person can rescue an animal in imminent danger after following the steps required by law without fearing civil or criminal liability for property damage. But, be wary: there are misleading stories on social media that misrepresent whether a person can engage in property damage to free a stranded pet (check out this USA Today article that dispels the myth). The remaining states leave the rescue of animals up to first responders and law enforcement. Where does your state stand on these laws?

August/September 2021

Eighth Circuit Court of Appeals gives mixed ruling in appeal of Iowa’s “ag-gag” law. In 2012, a coalition of public interest groups filed a lawsuit in the U.S. District Court for the Southern District of Iowa challenging the constitutionality of Iowa’s “Agricultural Production Facility Fraud.” This ag-gag law made it illegal to obtain access to an agricultural facility by (1) false pretenses (called the “Access Provision”) or (2) by making a false statement or representation as part of an application or agreement to be employed at an agricultural production facility with the intent to commit an unauthorized act (the “Employment Provision”). Essentially, the law aimed to prohibit undercover audio or video recording of agricultural properties like puppy mills, slaughterhouses, and factory farms. In 2019, the District Court granted summary judgment for the advocacy groups, finding that both the Access Provision and the Employment Provision violated the First Amendment. On August 10, 2021, the 8^th Circuit found the Employment Provision of the law might be unconstitutional unless it is drafted more narrowly. However, the court found the Access Provision did not violate free speech because “intentionally false speech” associated with a legally cognizable harm – in this case, trespass - may be proscribed without violating the First Amendment. This ruling is said to be a win for agricultural interests that fear exposure and public concern from recording of events at their operations.

June/July 2021

Wolf population in Wisconsin reduced by one-third after federal protections for wolves lifted. According to a study done by researchers at the University of Wisconsin-Madison, poaching and a scheduled wolf hunt in February were largely responsible for the unexpected drop in wolf numbers. Wolves were removed from the federal list of endangered and threatened animals by former President Trump beginning in January 2021. Wisconsin has been the first state to allow wolf hunting after the removal of protections and hunters quickly surpassed kill numbers set by the state DNR. Researchers suspect “cryptic poaching” – poaching that leaves no evidence including the removal of the wolves’ radio transmitting collar – are also to blame for the increased deaths. According to an interview with a retired US Fish & Wildlife wolf recovery coordinator in the Milwaukee Journal Sentinel, it is too early to determine the effect on wolf populations from this hunt that he termed a “killing spree.”

New York Court of Appeals agrees to hear habeas corpus case for "Happy" the Elephant housed at the Bronx Zoo. The New York Court of Appeals - the highest court in New York state - agreed on May 4th to hear the habeas corpus case for Happy, an elephant kept at the Bronx zoo for more than 40 of her 50 years. This the first time in an English-speaking country that a state's highest court will hear a habeas proceeding on behalf of a non-human animal. Happy has been housed in a solitary setting from other elephants since 2006. Steve Wise, Attorney and President of the Nonhuman Rights Project, stated that he hopes Happy "will soon become the first elephant and nonhuman animal in the US to have her right to bodily liberty judicially recognized" and that the Court will approve Happy's relocation to an elephant sanctuary. This is not the first time a habeas petition has been filed on behalf of a nonhuman animal. Read previous legal materials involving actions on behalf of chimpanzees.

Approaching summer heat means more emergency calls on dogs being left in hot cars. Currently, 31 states have laws that specifically address dogs and sometimes other domestic animals being left unattended in motor vehicles during dangerous weather conditions. A simple Internet search reveals stories of animals being rescued from overheated vehicles beginning around this time of year (in late April, Sarasota, FL police broke a window and rescued “Moose” the dog from an unattended car that had reached 111 degrees). About half of the states with laws have what can be termed “Good Samaritan” rescue laws, meaning any person can rescue an animal in imminent danger after following the steps required by law without fearing civil or criminal liability for property damage. The remaining states leave the rescue of animals up to first responders and law enforcement. Where does your state stand on these laws? Check out this map to find out!

May 2021

New Hampshire considers bill that adds cats to the law that requires motorists who hit dogs to file a report or notify the owner. New Hampshire’s law from 1977 requires motorists who hit a dog to report the collision to the dog’s owner or police within a reasonable time. According to an AP article, House Republican Rep. Daryl Abbas sponsored a bill (HB 174) that seeks to add cats to that legal requirement after his wife tragically found their 5-year-old cat dead on the road outside their home. While the absence of cats in the original law seems minor relative to other animal laws, it reflects the continued treatment of animals as mere property under the law. But the bill here aims to go even further, elevating the act of killing a beloved cat beyond damaging a lawn ornament (which would be reportable as property damage in New Hampshire). The bill so far has received no objections and support from both sides of the aisle. Other states have similar laws, including Connecticut, Maryland, Massachusetts, New York, and Rhode Island.

Approaching summer heat means more emergency calls on dogs being left in hot cars. Currently, 31 states have laws that specifically address dogs and sometimes other domestic animals being left unattended in motor vehicles during dangerous weather conditions. A simple Internet search reveals stories of animals being rescued from overheated vehicles beginning around this time of year (in late April, Sarasota, FL police broke a window and rescued “Moose” the dog from an unattended car that had reached 111 degrees). About half of the states with laws have what can be termed “Good Samaritan” rescue laws, meaning any person can rescue an animal in imminent danger after following the steps required by law without fearing civil or criminal liability for property damage. The remaining states leave the rescue of animals up to first responders and law enforcement. Where does your state stand on these laws? Check out this map to find out!

March/April 2021

Virginia becomes the fourth state to pass law prohibiting the use of animal testing for cosmetics. In early March, Virginia Governor Ralph Northam signed the Humane Cosmetics Act into law (HB 2250). This law prohibits cosmetics manufacturers from conducting or contracting for cosmetic animal testing in Commonwealth areas in or after January 1, 2022. The law will also ban the sale of cosmetics that have been tested on animals for profit. Violations are subject to a civil penalty of up to $5,000 and an additional $1,000 for each day the violation continues. In 2018, California became the first state to enact a ban on animal-based testing for cosmetics, followed by Nevada and Illinois in 2019. According to the Humane Society, six other states are considering such bills.

Federal court rules FWS must develop plan for release of captive red wolves to Red Wolf Recovery Program. The U.S. District Court for the Eastern District of North Carolina ruled on January 22, 2021 that the US Fish & Wildlife Service (FWS) must develop a plan by March 1st to resume the release of captive red wolves into the Red Wolf Recovery Area in North Carolina. The release of captive red wolves was stopped in 2016 because of a change in policy by FWS, ending the longstanding population recovery efforts in place since 1987. In November 2020, animal advocacy groups filed a motion for a preliminary injunction, arguing FWS violated both the ESA and APA with the policy decision to not release captive red wolves to assist this critically endangered species. In fact, plaintiffs contend that USFWS' refusal to engage in management practices related to red wolf recovery led to a reduction in total population from 45 - 60 known individuals in 2016 to only seven in 2020. One plaintiffs' attorney stated that it is time for FWS to "stop managing red wolves into extinction." Read more on this victory for the endangered red wolf.

Ohio legislature considers mandatory reporting law for vets and others. House Bill 33 would require veterinarians and social service workers to report suspected animal abuse the same way others are required to report any suspected abuse of children, vulnerable adults and the elderly. The bill would require veterinarians, social services professionals, and anyone licensed under Chapter 4757 (counselors, therapists, and social workers) to report “a violation involving a companion animal to an officer who is not a dog warden or deputy dog warden when that person has knowledge or reasonable cause to suspect that such a violation has occurred or is occurring.” Likewise, law enforcement officers and dog wardens are also under a reporting mandate with the proposed law. A person required to make a report under section 959.07 or 959.08 of the Revised Code is immune from civil or criminal liability in connection with making that report if the person acted in good faith when making the report. The bill has passed the Ohio house. Several states have mandatory reporting laws for vets, but very few address other professions (see Connecticut and Tennessee for examples of such laws).

January/February 2021

New Jersey Senate overwhelmingly passes measure making “trunk fighting” of dogs illegal. Senate Bill 975 outlaws a practice that sounds almost unbelievably horrific: at least two dogs are locked in the trunk of a car to fight to the death while humans place bets on which will survive. According to the bill’s statement, “[a] person who violates the bill would be guilty of a crime of the third degree and be subject to a civil penalty of between $3,000 and $5,000.” The threat of this heinous activity is not restricted to New Jersey, as some dog-related websites reported occurrences in Miami and one article interviewed an expert on dogfighting when “trunking” first emerged in 2013. While every state in the U.S. has laws prohibiting animal fighting, New Jersey’s bill would close any loopholes that might exist in current language of the laws.

2020

December 2020

DOT changes regulations for taking service and emotional support animals on flights. The U.S. Department of Transportation (DOT) issued a final rule amending the Air Carrier Access Act (ACAA) regulations on the transport of service animals by air. The rule changes the definition of “service animal” to mean only a dog, regardless of breed. Previously, service animals under the ACAA were not limited to dogs. The animal must do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability (which is similar to the definition in the regulations for the Americans with Disabilities Act (ADA)). Most notably is the change in rules for emotional support animals; carriers are not required to recognize emotional support animals as service animals and may treat them as pets. The DOT noted that the change in rules was prompted by complaints and confusion over service animals rules, “the increasing frequency of incidents of travelers fraudulently representing their pets as service animals,” and “reported increase in the incidents of misbehavior by emotional support animals.” The rule becomes effective 30 days after the final rule is published in the Federal Register.

U.S. House of Representatives passes Big Cat Public Safety Act. On December 3^rd, the House passed the bipartisan bill (HR 1380) that would ban private ownership of big cats like lions and tigers. The bill also prohibits exhibitors from allowing public contact with cat cubs (an activity that leads to overbreeding of big cats according to experts). Existing owners of big cats would be grandfathered in, provided they comply with requirements (i.e., a ban on acquiring or selling cats and adherence to the no contact with the public rule) including registration with the U.S. Fish & Wildlife Service. One of the bill’s main authors, Illinois Democratic Rep. Mike Quigley stated that the legislation's passage is "one step closer to ensuring these animals are treated humanely and to keeping the public safe from dangerous big cats." The bill not only has support from prominent animal advocacy organizations, but the Fraternal Order of Police also supports the bill as captive large predators pose vast public safety threats. “Too often, law enforcement and first responders are the ones who end up in danger from these animals and, in a time when our first responders are already facing increased risk,” said Quigley. The bill now awaits Senate approval.

November 2020

Potential whistleblower in Nebraska exposes lack of enforcement in the state’s comprehensive commercial breeders act. Nebraska, in addition to less than half all other states, has a large-scale, pet breeders law with an inspection requirement. For Nebraska, this law is directed at those who breed more than 31 dogs or cats or those who own four or more dogs or cats intended for breeding in a 12-month period (among other categories). The law is robust in that it has both an inspection requirement and an enforcement mechanism since many other states do not. A recent article in the Lincoln Journal Star highlights a Nebraska ombudsman's report that found the Department of Agriculture “did not consistently refer animal abuse and neglect by breeders for criminal prosecution.” In addition, there is evidence that the ombudsman was retaliated against for filing the report. The Agriculture Committee within the state legislature is set to investigate the matter further based on the allegations. Regardless, the report underscores the recurring need for enforcement of many state animal welfare laws.

Trump administration removes gray wolf from federal Endangered Species List. The removal of the gray wolf from the federal list of endangered and threatened species was unsurprising to many. Federal wildlife managers touted the success story of the gray wolf and handed management of wolf populations (at 10% of their original range in the United States) to state wildlife departments. This move was heralded by lawmakers and lobbyists in mainly western states with significant livestock and ranching interests in a U.S. Fish & Wildlife Service press release. While many quoted in the press release praised the ability of states to better manage the predator based on individual needs and cited the progress the wolf population has made due to the ESA protections, others suggested that “everyday citizens” have been "threatened by growing unmanaged gray wolf populations” and that there was “overpopulation of the gray wolf” that led to industry losses. According to NPR, critics of the move are already threatening to sue based on the removal.

Judge sentences defendant under Mississippi’s new amendments to anti-cruelty law. In July of 2020, the amendments to the “Mississippi Dog and Cat Pet Protection Law of 2011“ became effective, making each act of simple or aggravated cruelty against a domesticated dog or cat a separate offense. Not only were the penalties enhanced in terms of jail time and fines, but the new legislation added a ban on ownership for those convicted under the law. “The court shall order that any person convicted of an offense of aggravated cruelty under this section be prohibited from owning or possessing or residing with a domesticated dog or cat for a period not less than five (5) years nor more than fifteen (15) years from the date of sentencing.” The Jones County Judge who issued the first sentence under the amended law ordered the defendant to spend six months in detention and banned her from owning or possessing animals for 15 years. She also incurred substantial fines, community service, and psychological counseling according to WLOX News. Does your state have a possession ban – find out!.

September 2020

Microchip bill awaits California Governor Gavin Newsom’s signature. SB 573 would prohibit a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from releasing a dog or cat to an owner seeking to reclaim it, or adopting out, selling, or giving away a dog or cat to a new owner, unless the dog or cat is or will be microchipped. If the organization does not have microchipping capability, the bill would require that group or shelter to make a good faith effort to locate available free or discounted regional microchipping services and provide that information to the new or existing owner. The bill would exempt a dog or cat that is medically unfit for a microchipping procedure, or a dog or cat reclaimed or received by an owner who signs a form stating that the cost of microchipping would impose an economic hardship for the owner. The bill would go into effect on January 1, 2022, and an agency, shelter, or group that violates these provisions would be subject to a civil penalty of $100, except as specified. Currently, Illinois appears to be the only state with a similar such law (IL ST CH 225 § 605/3). While a handful of states require impounding agencies to scan for microchips in incoming animals, they do not mandate microchipping as a condition of adoption.

Trump officials eye removal of gray wolf from endangered species protections. Aurelia Skipwith, the director of the U.S. Fish and Wildlife Service, told The Associated Press in early September that the agency is "working very hard to have this done by the end of the year." This would allow states to develop their own wolf management plans. Several western states including Montana, Idaho and Wyoming, and parts of Oregon, Utah and Washington have already removed wolves from their state list of endangered species. While wolves were effectively extirpated from the majority of their habitat in the past century, populations have rebounded in recent years. Skipwith contends that the species has "biologically recovered" and de-listing is appropriate. This removal attempt is not new, as the Trump administration has been seeking the wolves' de-listing for years with animal and conversation advocates responding with court challenges. The legal saga of the gray wolf has been on-going for decades as outlined in this Topic Intro from 2011.

Up to 716 sea lions in Columbia River area of Pacific Northwest to be killed as part of federal management program. In 2018, Congress amended the Marine Mammal Protection Act with the Endangered Salmon Predation Prevention Act (S.3119), authorizing the National Oceanic and Atmospheric Administration (NOAA) to issue permits that allow Washington, Oregon, and Idaho to kill sea lions to protect endangered or threatened species of salmon and steelhead. This legislation will allow for the killing of Steller's sea lions in addition to California sea lions within a 200 mile stretch of areas around the Columbia River. The operation, which could begin this fall, will use a combination of trapping and darting with the actual kill process using a lethal injection of drugs. While supporters contend that this program is critical save the endangered fishery, critics of the cull suggest that "[y]ou can’t kill your way out of this problem,” and more sea lions will then come to replace the killed ones. Read more on this pressing conservation problem at the Seattle Times.

April 2020

Kentucky senate bill addresses roadblock that prevents veterinarians in state from reporting animal cruelty. Did you know Kentucky is the only state that restricts veterinarians from reporting suspected animal cruelty unless there is a court order? That may be about to change after SB 21 unanimously passed the KY Senate. Most states have laws that allow veterinarians to report cruelty and give veterinarians who report such conduct, in good faith, immunity from civil liability. In addition, some 17 states have laws that MANDATE that veterinarians report certain types of suspected cruelty. Curious whether your state allows or even mandates that veterinarians report cruelty? Check out our Map!

On January 1st, Oregon’s “beagle freedom” law (S.B. 638) became effective, joining eleven other states with such laws. These laws mandate that research facilities that use dogs (and sometimes cats) for laboratory research must offer animals deemed medically suitable for adoption instead of simply euthanizing them. The majority of states limit these laws to institutes of higher education that receive public funds except for Nevada that extends its law to private product testing facilities. Oregon’s new law defines “research facility” as “any institution of higher education or any facility, whether privately or publicly owned, leased or operated, where laboratory research is performed.” Under these laws, the research facilities may enter into agreements with animal rescue or humane agencies to take the suitable animals and adopt them to the public.

Maine joins Connecticut with law allowing appointment of legal advocates to help animal victims in cruelty cases; will Illinois be the next state? In 2016, Connecticut broke legal ground with "Desmond's Law" that allows appointment of animal advocates in cruelty cases to represent the interests of animal victims. According to the University of Connecticut, animal advocates have been appointed in 70 animal abuse cases. Recently, Maine enacted "Franky's Law" that does the same in that state. In 2019, Illinois State Rep. Allen Skillicorn proposed HB 1631, which would allow the court, in a prosecution involving the injury, health, or safety of a cat or dog, to appoint a special advocate to "represent the interests of justice regarding the health or safety of the cat or dog." In all of these states, the legislation states that attorneys or law students who act in such capacities are volunteers. According to a WGEM news story, the Illinois bill has bipartisan support.

March 2020

February 2020

New York senate bill seeks to ban retail sale of dogs, cats, and rabbits. The bill (S04234) was recently approved by the Senate's Domestic Animal Welfare Committee. Under the bill, retail pet stores would be prohibited from buying dogs, cats, or rabbits from out-of-state breeders and brokers. However, the measure would allow pet shops to partner with shelters and rescue groups to offer animals for adoption. While New York residents could still buy pets directly from breeders, the hope is that disallowing direct pet store sales would reduce pets originating from out-of-state "puppy mills" where the animals are mass-bred in substandard conditions. If the bill gets enacted, New York would join the only other two states with such laws, Maryland and California.

Hawaii news report raises alarm over feral cat and endangered bird conflicts. According to reports, state wildlife officials found that a feral cat killed an endangered Hawaiian petrel chick that the state Kauai Endangered Seabird Recovery Project had been tracking. The project also documented other native birds killed by feral cat predation. The researchers expressed fears over the survival of native bird populations, some of which are endangered, without proper management of feral cat communities. This concern is not new and not limited to Hawaii. To learn more about this conflict and how states and local communities are addressing the feral/community cat and bird conflict, see our topic area.

January 2020

Colorado voters will consider whether to re-introduce gray wolves back to the state by 2020 ballot measure. The father of wildlife ecology, Aldo Leopold, once said “I now suspect that just as a deer herd lives in mortal fear of its wolves, so does a mountain live in mortal fear of its deer.” According to KMBZ radio, the president of the group spearheading the reintroduction measure stated that wolves are “critical components” of the Colorado ecosystem and they will address the booming deer and elk populations that browse vegetation “to the ground.” Initiative 107 will require the Colorado Parks and Wildlife Commission to create a plan for reintroduction of the wolves by 2023. Critics contend that wolves will actually lead to the greater spread of disease and cause both big game and livestock depredation. Wolves were extirpated from most of the contiguous U.S. by the end of the 20th century while the last wolf was killed in 1945 in Colorado.

Are vegans a protected class? One tribunal in the U.K. held that “ethical veganism” is a protected class is akin to other religions that receive anti-discrimination protections. According to the Guardian, an employment tribunal considered whether a man, allegedly fired for disclosing to his coworkers at an animal welfare organization that company pension invested in animal experimentation, was unfairly dismissed for voicing his concerns. While the substantive merits of the case are still undecided, the judge found “that ethical veganism satisfied the tests required for it to be a philosophical belief protected under the Equality Act 2010.” While no U.S. court or tribunal has similarly recognized veganism this way, the issue arose in a 2000 wrongful termination case after a person refused required vaccinations that contained animal-based products at a pharmaceutical warehouse position. Animal advocates filed amicus briefs in support of Friedman’s position, but a California court of appeal (Friedman v. S. Cal. Permanente Med. Grp., 102 Cal. App. 4th 39 (2002)) eventually held that veganism is not a “religious creed.”

2019

December 2019

Federal District Court in Iowa grants preliminary injunction to stop enforcement of Iowa's "ag-gag" law. The United States District Court for Southern District of Iowa issued a preliminary injunction on December 2nd to prevent Iowa's ag-gag law from being enforced. The injunction came as the result of a lawsuit filed by a group of animal and food safety advocates. The lawsuit contends that such ag-gag laws threaten animal welfare and food safety by criminalizing those who gain entry to agricultural enterprises and large-scale farming operations under false pretenses. The goal of these undercover assignments is to ask as "whistleblowers" to expose food safety and animal welfare violations in the public food system. This new law is similar to a law overturned as unconstitutional in 2012. Other state ag-gag laws have also faced legal challenges in recent years. Find out more about ag-gag laws.

How much is your dog worth? Anyone in the field of animal law will tell you one of the biggest legal obstacles is valuation of animals. To us, companion animals are priceless, but under law, they are mere property, often with little to no value. A handful of states have addressed this discrepancy by statute and an even smaller number of courts have allowed damages that recognize the difference between dogs and toasters. But how can we put a price tag on a dog's love and affection? Researchers developed an experimental survey design discussed in the Journal of Cost-Benefit Analysis that determines a dog's monetary value is about $10,000. In an article in The Conversation, the scholars note that spending on pets exceeded $70 billion last year, far exceeding what Americans spend on pizza or legal marijuana (read more at What’s the value of your dog’s life, and why it matters).

Lights, camera, action! The Animal Legal & Historical Center would like to introduce our newest set of materials: animal law videos! Animal law can be complex because it covers so many areas of the law, from criminal law to torts to disability discrimination. By making these videos, we hope to provide another avenue for people to understand and learn about these diverse legal concepts. Check out our first two videos: State Dog Tethering Laws and Service, Assistance, and Therapy Animals. Remember, you can always email us questions, ideas, and feedback at animallaw@law.msu.edu.

November 2019

New York City Council passes legislation banning the sale of foie gras in the city. “Foie gras” is a French phrase that translates to “fatty liver.” In cuisine, it is a dish produced from the fattened livers of ducks or geese. According to a New York Times article, this is achieved through a process known as “gavage,” where “ducks are force-fed a fatty corn-based mixture that engorges their livers. The process requires tubes to be inserted into a duck’s throat for a 20-day feeding regimen, swelling the liver to up to 10 times its normal size.” Animal advocates note that the ducks subjected to this are too big to walk or even breathe and the process is known as one of the most inhumane in animal husbandry. The state of California has banned the practice of force-feeding birds and sale of those products beginning in 2012 and several countries including India, Israel and Britain have also banned the sale or production of foie gras. The NYC measure (Int. No. 1378) takes effect in 2022.

U.S. Senate unanimously passes the Preventing Animal Cruelty and Torture Act (PACT Act). In late October, the House also unanimously passed the bill. The “Preventing Animal Cruelty and Torture Act” or PACT Act expands a law from 2010 that made the creation and distribution of "animal crush" videos a federal crime. Under the old law, the torture of the animals was not a federal crime. The new bill (H.R. 724) expands that law by making the underlying cruelty a crime. In other words, the act of "animal crushing," defined as "actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury . . ." is also now a crime. This is the first time a generally applicable animal cruelty measure has been passed at the federal level (most anti-cruelty laws exist at the state or local level). The PACT Act now awaits President Trump's signature.

October 2019

Orangutan who was deemed a non-human person by Argentinian court to be moved to sanctuary in Florida. In 2015, “Sandra,” who had lived at the Buenos Aires Zoo for over 20 years, made legal history by becoming the first orangutan deemed “a non-human person, subject of rights and consequent obligations towards her by humans.” As part of its decision, the court also ruled that the Buenos Aires government had to guarantee Sandra adequate conditions of her habitat and the activities necessary to preserve her cognitive abilities. However, Sandra languished at the zoo for another five years, even though the zoo closed in 2016 due to allegations of animal cruelty. According to recent news reports, Sandra will be moving to the Center for Great Apes in Florida, said to be a sanctuary much better suited to her needs. The judge who wrote the landmark opinion granting personhood said Sandra will now spend her days “in a more dignified situation.” While the court’s opinion is in Spanish, you can read a detailed summary of this important case in English.

Alabama becomes the latest state to crack down on "fake" service animals. The state of Alabama will join 26 other states with laws that criminalize the fraudulent presentation of pets as service animals (two other states have related laws). The overall goal of these laws is to deter people from using their pets to gain access or receive benefits reserved for disabled individuals using trained service animals. As such, the penalty may be a relatively small fine or misdemeanor, depending on the state. Other states like Rhode Island and Montana have pending bills on fake service animals. See our Map of Fraudulent Service Animal Laws.

September 2019

Trump administration issues new rules for Endangered Species Act that factor in economic interests in listing process and change criteria for critical habitat. In August, Interior Secretary David Bernhardt announced the new rules after over a year of rulemaking process that included sifting through 800,000 public comments. One of the most significant changes involves the listing process. Currently, 50 C.F.R. § 424.11(b) states that, "[t]he Secretary shall make any determination . . . without reference to possible economic or other impacts of such determination." After changes that become effective on September 26th, that section removed the "without reference to possible economic or other impacts of such determination," thereby allowing economic factors to be weighed in a listing determination. Additionally, the new rules constrain the ability of regulators to consider climate change. The designation of critical habitat has also changed, as regulators must now first consider areas occupied by endangered or threatened species first before considering unoccupied areas for critical habitat (leaving those areas available for potential human development). Trump officials and fossil fuel/mining lobbyists praised the rule "improvements," claiming that they will "ease the regulatory burden" on the American people.

Convention on International Trade in Endangered Species of Fauna and Flora (CITES) 18th annual meeting in Geneva, Switzerland results in enhanced protections for species across the world. The meeting, known informally as the "CoP 18," included members from 182 countries and took place from August 17 - 28th. The United States is a Party to CITES, which is a treaty that seeks to protect species from becoming endangered or threatened due to international trade. According to an article in National Geographic, marine animals have begun to gain protections under CITES (which was originally set up for terrestrial species). Topics discussed also included rising trade in exotic species (especially reptiles as pets) and debates over how to effectively manage the trade in large animals like elephants native to southern African countries. Other concerns focused on whether CITES is acting quickly enough to address increasing extinction rates and if the process itself is inherently flawed due to a lack of transparency and the large number of party countries. Want to learn more about CITES? See our Overview.

August 2019

Delaware becomes first “no kill” state for animal shelters in the U.S. According to news reports and leading animal advocacy organization Best Friends Animal Society, Delaware reached a “no kill” rate for pets in animal shelters. This means that the state “achieves a 90% save rate for all cats and dogs,” with a ten-percent margin for animals that are suffering from irreversible medical or behavioral issues. Statistics for Delaware show that 12,000 of approximately 13,000 pets in shelters were either returned to their owners or placed in safe places, making the save rate 92.9%. While Best Friends works to ensure a similar save rate in every state, the U.S. as a whole has a 76.6% save rate. State legislation may also help reduce unnecessary euthanasia of homeless pets. States like Alabama and Florida have new shelter census laws mandating reporting of animals coming into shelters, and how many of those animals are placed or euthanized. Other states have passed laws that require mandatory scanning of pets for microchips upon entering a shelter so that they can be reunited with their owners/guardians.

U.S. Department of Transportation (DOT) issues final statement clarifying interpretation and enforcement of ACAA regulation for service and emotional support animals on flights. In May of 2018, the DOT published an advance notice of proposed rulemaking (ANPRM) seeking comment on amending the Department’s Air Carrier Access Act (ACAA) regulation on the transportation of service animals. The DOT indicated that it received 4,500 comments during the comment period. Because of the length of the rulemaking process, the DOT then issued an Interim Statement, now followed by this recently released Final Statement. The Final Statement reaffirms the importance of airlines allowing commonly recognized service animals like cats, dogs, and miniature horses, and that airlines will not be subject to DOT enforcement actions for denying other animals like “snakes, other reptiles, ferrets, rodents, and spiders.” The DOT emphasizes that airlines may “refuse transport to an individual animal regardless of species if the airline determines that specific factors preclude the animal from being transported as a service animal.” As a new topic, the DOT said that the “breed bans” implemented by certain airlines may violate ACAA regulations: “[t]he Enforcement Office continues to take the view that restrictions on specific dog breeds are inconsistent with the current regulation.” Also covered was the issue of multiple service animals. “Airlines may not impose categorical restrictions on the total number of service animals to be transported in the aircraft cabin.” The Final Statement itself is not a legally binding document and was prepared by the DOT to “provide the public with greater transparency with respect to the Enforcement Office’s interpretation of existing requirements and its exercise of enforcement discretion surrounding service animals.” A DOT summary of the Final Statement is available.

Did you know five states still have active tracks for dog racing? Florida voters made big news last year by banning dog racing through “Amendment 13,” effective December 31, 2020. Dog/greyhound racing, which has been around for centuries, is a form of gambling where betters place wagers on dogs who race around an enclosed track chasing a mechanized device that simulates a prey animal. The five states with active tracks include Alabama, Arkansas, Iowa, Texas and West Virginia, and there are four other states with no active racetracks, but still with laws legalizing greyhound racing on their books. Concerns over the care of greyhound dogs used in racing has come to light in past decades, including overbreeding of dogs, the humane treatment of the dogs (who spend most hours housed in kennels), and the disposition of the animals who are done racing. To learn much more about this historic and controversial practice, read our new Overview of Dog Racing.

July 2019

It’s that time of year again when temperatures soar and we hear those tragic news stories of pets getting left in hot cars. Depending on the temperature, a dog can die within minutes of being left in a hot car. In the past few years, several states added new laws allowing the rescue of animals left unattended in parked vehicles under dangerous conditions. Want to learn more about these laws in 31 states? We offer two ways to view them. Check out our Comparative Table of Laws that provides detail like the type of animal the law covers and who can rescue (i.e., any person or only a first responder). Go to our State Map if you want a quick visual of how many states regulate pets in hot cars with quick links to the laws.

Canada Parliament passes amendment to the Criminal Code that outlaws all forms of bestiality and criminalizes additional acts related to animal fighting. Bill C-84 received Royal Assent in Parliament in June, a process that signals the bill is now ready to become law in Canada. The bill now defines the term "bestiality" as "any contact, for a sexual purpose, with an animal." This is significant because the Supreme Court of Canada held in 2016 that bestiality under Canadian law required the act of penetration as an element of the crime. The new definition reflects an understanding that any sexual acts with animals may force vulnerable adults and children to witness or participate in psychologically damaging sexual acts with animals. Additionally, animal advocates suggest a link between animal sexual assault and child abuse. As a consequence, the new law also requires those convicted of bestiality to register as sex offenders on Canada's national sex offenders registry. C-84 also prohibits anyone from building or maintaining an arena for animal fighting and allows judges to restrain future ownership of those convicted of animal abuse for any period the court deems reasonable (but at least five years in the case of second or subsequent offenses).

June 2019

Indiana Governor Eric Holcomb signs House Enrolled Act 1447 banning practice of "rent-to-own" agreements for cats and dogs. The prohibition is an amendment to IC 24-7-1-5 contained under Article 7 on Rental Purchase Agreements and is part of an 87-page piece of legislation on financial institutions. Consumer and animal advocates against these types of agreements call them "predatory" due to the high fees and overall higher sticker price for the pet. Ethical issues have been raised since the financing company retains ownership of the pet until the payments are met, which could implicate medical decisions for the pet and could allow the pet to be displaced from its home if the purchaser defaults. A few other states previously enacted such laws including California, Nevada, and New York. Other states like Florida, Texas, Virginia, and Washington are considering such bills. Indiana's law goes into effect on July 1st.

Florida bill allowing veterinarians to report suspected animal abuse awaits Gov. DeSantis' signature or veto. News station WTSP reports a provision in HB7125 (a multi-issue, 296-page criminal justice bill) that "would allow vets to report suspected criminal violations, like animal abuse, to authorities as long as the animal doesn’t live on agricultural land.” Language under the state's primary anti-cruelty law (Sec. 828.12) is vague and only holds licensed veterinarians "harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this section” and that “[s]uch a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her part in an investigation of cruelty to animals." However, the WTSP article states that current state law actually prohibits a vet from discussing a patient's condition absent a subpoena and notice to the owner, and then penalizes vets who share unauthorized records with disciplinary action. Supporters contend HB 7125 would provide a “reasonable step” toward eliminating ambiguity on reporting under current law. Most states either allow or even mandate reporting of suspected cruelty or neglect by veterinarians. See our Map of Veterinary Reporting Laws.

May 2019

Maine bill proposes advocates for abused animals in court. LD 1442 dubbed "Franky's Law" is modeled after Connecticut's "Desmond's Law" passed in 2016 (C.G.S.A. § 54-86n). Connecticut's law, the first of its kind, states that, in a cruelty or welfare proceedings, the court may order, upon its own initiative or upon request of a party or counsel for a party, that a separate advocate be appointed to represent the interests of justice. Similarly, the proposed Franky's Law would allow judges to appoint volunteer lawyers and students “to represent the interests of justice," which is different than giving the animals legal standing. Just like the CT law, the advocates serve on a volunteer basis and "a list of attorneys with knowledge of animal issues and the legal system and a list of law schools that have students with an interest in animal issues and the legal system" will be maintained for this purpose. The Bangor Daily News reported that advocates testifying before the judiciary committee in Bangor contend the legislation is critical because a vast majority of animal cruelty cases are dismissed and data show a strong link between animal violence and later human violence.

Five states now have laws allowing transport of injured police dogs by ambulance. Police service dogs can range from traditional "K-9 Units” to bomb-sniffing dogs, accelerant detection dogs, search and rescue dogs, and even cadaver-sniffing dogs. These heroic canines serve their human handlers and communities, sometimes at great personal cost. So what happens when a police dog is injured on the job? Recently, several states have made it possible for police dogs to receive emergency transport by ambulance or other medical transport to get critical veterinary care. New York was the first state in 2015. In 2018, California (a pilot project), Illinois, Michigan, Mississippi, all enacted similar laws. Each of these laws requires that no person requires medical attention or transport at the time of dog's transport.

April 2019

Indiana Governor Eric Holcomb set to receive bill banning ownership of animals by convicted animal abusers. Sources indicate that Gov. Holcomb is likely to sign SB 474, which amends IC 11-13-3-4 concerning conditions of parole in the state and IC 35-38-2-2.8 on conditions of probation. SB 474 adds new subsection (p) to IC 11-13-3-4, which states, "As a condition of parole, the parole board shall prohibit a person convicted of an animal abuse offense (as defined in IC 35-38-2-2.8) from owning, harboring, or training a companion animal (as defined in IC 35-38-2-2.8)." The bill defines "animal abuse offense" in new IC 35-38-2-2.8, which includes offenses such as abandonment or neglect of a vertebrate animal, various animal fighting offenses, cruelty to service/law enforcement animals, domestic violence animal cruelty, torture or mutilation of a vertebrate animal, and bestiality. The definition of "companion animal" is limited to a dog or cat that is not a service animal. Additionally, that new section adds the following language: "(b) As a condition of probation or parole after conviction for an animal abuse offense, the court shall prohibit the convicted person from owning, harboring, or training a companion animal." The Indiana bill differs slightly from some state laws with possession bans because it operates only during parole or probation. Many states have bans anywhere from 5 to 15 years as part of the anti-cruelty penalty scheme.

New Jersey's "Homes for Animal Heroes Act" unanimously passes the Senate. In a rare bipartisan move, S2826 received 34 "yes" votes and 0 "no" votes, with 6 abstentions. The bill, introduced last summer, requires institutions of higher education to offer cats and dogs no longer used for educational, research, or scientific purposes for adoption. Instead of simply euthanizing the animals after the animal is no longer needed for research, covered institutions would be required to offer the animals to individuals for adoption or enter into an agreement with an animal rescue organization. Because beagles are the most common breed of dog used in research, these types of laws are often termed "beagle freedom laws." Currently, nine states have passed such laws including California, Connecticut, Delaware, Illinois, Maryland, Minnesota, Nevada, New York, and Rhode Island. NJ's S2826 now awaits approval of the New Jersey Assembly.

Texas legislators introduce bills banning possession of animals by convicted abusers. Texas legislators introduce bills banning possession of animals by abusers. Senators José Rodriguez (D – El Paso) and Rep. Eddie Lucio III (D – Brownsville) introduced the Possession Ban bill, SB 804/HB 2012 in late February. The bills would amend existing anti-cruelty laws to prohibit a defendant from possessing or exercising control over any animals or residing in a household where animals are present. Animal advocates such as the Animal Legal Defense Fund (ALDF) contend that such bans are critical to disrupt the cycle of animal abuse and prevent further animal victims. As of 2019, almost 30 states have such possession bans, with bans stretching anywhere from 5 to 15 years under the laws. See our Map of Possession Bans for more.

March 2019

California legislator introduces bill to ban classroom dissection of animals. Assembly Member Kalra introduced AB 1586 on February 22nd. The bill seeks to amend Chapter 2.3 of the Education Code's "Pupils’ Rights to Refrain From the Harmful or Destructive Use of Animals." The bill adds subsection (a) to Sec. 32255.1: "(a) A pupil shall not perform dissection in a California public or private school." It also modernizes the definition for "alternative education project" by adding three-dimensional models and interactive simulation software to the list of alternative education modules to teach animal anatomy. Only 11 states have laws that allows students to opt-out of dissection of or harm to animals in the classroom. See our brand-new Map of Laws!

New Jersey's "Homes for Animal Heroes Act" unanimously passes the Senate. In a rare bipartisan move, S2826 received 34 "yes" votes and 0 "no" votes, with 6 abstentions. The bill, introduced last summer, requires institutions of higher education to offer cats and dogs no longer used for educational, research, or scientific purposes for adoption. Instead of simply euthanizing the animals after the animal is no longer needed for research, covered institutions would be required to offer the animals to individuals for adoption or enter into an agreement with an animal rescue organization. Because beagles are the most common breed of dog used in research, these types of laws are often termed "beagle freedom laws." Currently, nine states have passed such laws including California, Connecticut, Delaware, Illinois, Maryland, Minnesota, Nevada, New York, and Rhode Island. NJ's S2826 now awaits approval of the New Jersey Assembly.

February 2019

South Carolina legislators introduce bill requiring owners of unaltered pit bulls to register and microchip their dogs. H.3709 proposes new Article 17 on "Pit Bull Dogs" under Title 47. Under the bill, a "pit bull" is defined as "a dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, a dog displaying the physical traits of one or more of the above breeds, or a dog exhibiting the distinguishing characteristics that conform to the standards established by the American Kennel Club for any of the above breeds." A person is not allowed to keep a "fertile pit bull dog" without first registering the dog with local animal control and paying a fee of $500 (absent certain listed exceptions). Registration is not required for an altered pit bull (defined as a dog that has been sterilized and microchipped). Violation of the registration law is a misdemeanor with a possible fine up to $1,000 and/or imprisonment of up to one year, or both. According to the preamble of the bill, the legislation is needed because "the pit bull dog is the most desired breed for dogfighting and is dying at a higher rate in local animal shelters than any other breed of dog in South Carolina," and "[m]ost dog bite fatalities are committed by dogs that were not altered." The bill was referred to Committee on Agriculture, Natural Resources and Environmental Affairs in late January.

Two more states aim to protect pets in "hot" cars. Georgia Senate Bill 32 was introduced in January and would provide civil damage immunity for any person who, in good faith, rescues or attempts to rescue an incapacitated or endangered animal from a locked motor vehicle. Similarly, Idaho, another state without a "hot car" law has one legislator again pushing the "Dog and Cat Rescue Act," which failed in 2018 (2018 Senate Bill 1244-aa). Currently, 30 states have some sort of law on pets in locked cars. But, in much of the country right now, people may be asking, what about pets in cold cars? Ten states actually mention both extreme hot or extreme cold in their laws, while other states say conditions that endanger an animal or present "imminent danger." Either way, it's clear that the laws protect animals under both conditions even though these laws are typically known as "hot car" laws. See our Map of Laws for more.

Hawaii's new service dog fraud law effective January 1, 2019. Hawaii's law makes it unlawful to misrepresent a pet as a service animal with a potential fine of not less than $100 and not more than $250 for the first violation, and not less than $500 for a second violation and each violation thereafter. According to KITV and the Hawaii Tribune-Herald, state Senator Russell Ruderman of Puna analogizes it to a "littering law" because it is unclear how and when enforcement may occur. In recent years, many other states have enacted such laws. To date, almost half of all states have adopted these service dog fraud laws. To see these states, visit our updated Map of Laws.

January 2019

The Missouri Legislature considers animal abuse registry legislation. HB 44 was introduced in the Missouri House of Representatives in early December by Rep. Ingrid Burnett, D-Kansas City. The bill, known as the "Missouri Animal Abuser Registration Act," states that the Missouri state highway patrol shall post a publicly accessible list on its website of any person convicted of an animal abuse that includes the booking photo, full legal name, and other data to properly identify the person and exclude innocent persons. The names are maintained on the list for two years provided the listed persons are not convicted of subsequent animal abuse offenses. The bill also increases the penalty for first-time animal abuse convictions from a class A misdemeanor to a class E felony. This is not the first time the Missouri General Assembly has considered such legislation as a similar measure was introduced in 2016. Currently, Tennessee is the only state with a statewide animal abuse registry, with 15 individuals currently on the registry. One advocacy organization, the National Anti-Vivisection Society or NAVS, has compiled information on past legislation addressing animal abuse registries and links to local registry laws.

Russia enacts new animal welfare law. The Law on Responsible Treatment of Animals, signed by Vladimir Putin in December of 2018, prohibits the killing of animals “under any pretext.” The law also outlaws shooting or poisoning stray dogs and cats, which has occurred in Russian cities in recent years according to news sources. Under the law, owners must keep their pets in proper conditions and homeless animals must be taken-up, vaccinated, sterilized, and then released by local agencies. One of the primary purposes of the laws is to ban petting zoos at malls and the practice of bars and restaurants hosting animals. The conducting of animal fights is also banned under the new law.

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