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    Government

    The Animal Law Podcast

    Join animal law professor and longtime activist Mariann Sullivan as she explores groundbreaking legal cases shaping the future of animal protection. Each episode features in-depth discussions with leading attorneys, scholars, and advocates about critical developments in animal law—focusing on significant court decisions and their enforcement. Whether you’re a legal professional, animal advocate, or concerned citizen, discover how case law is evolving to recognize and protect animals. From landmark litigation to emerging legal theories, the Animal Law Podcast makes complex legal issues accessible while examining their impact on animals and society.

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    Copyright: © 2024 Our Hen House. All Rights Reserved.

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    Latest Episodes:
    Animal Law Podcast #46: The Case Against the USDA, Revisited Mar 27, 2019
    Show notes

    On this episode of the Animal Law Podcast I welcome back to the Animal Law Podcast regular guest Delci Winders, who will give us updates on some interesting Animal Welfare Act cases. The first case deals with the blackout on the USDA’s website regarding information dealing with enforcement of the Animal Welfare Act. In 2017 the USDA deleted many Animal Welfare Act records from its website, reversing what had been an automatic practice of posting those records as part of the Freedom of Information Act (FOIA). This has resulted in enormous problems for animal welfare organizations, consumers, and others in trying to figure out which entities are in compliance with the Act.

    The second case we discuss involves an update on the USDA’s practice of rubber-stamping license renewals for facilities regardless of their compliance history. The agency has recently set forth a proposal to resolve this unfortunate situation. Delci discusses the good, and the bad, about that proposal. She also tells us her views on what proper enforcement of the Animal Welfare Act would look like.

    Delcianna J. Winders is PETA’s Vice President and Deputy General Counsel for Captive Animal Law Enforcement. She recently completed two years as the first Academic Fellow of the Harvard Animal Law & Policy Program and a visiting scholar position at the Elisabeth Haub School of Law at Pace University. Her work has appeared in the Denver Law Review, Ohio State Law Journal, NYU Law Review and the Animal Law Review and she has a piece forthcoming in the Florida State Law Review as well as a forthcoming book chapter on the Endangered Species Act and captive wildlife. Winders has also published extensively in the popular press.

    ***

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

    The Our Hen House theme song is written and sung by the incredible Michael Harren. The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

    Animal Law Podcast #45: The Case For Counting Our Chickens Feb 27, 2019
    Show notes

    On this episode of the Animal Law Podcast I speak to Christopher Berry of the Animal Legal Defense Fund about ALDF vs. The Food and Drug Administration, an unusual and years-long Freedom of Information Act case involving attempts to obtain information about egg-laying hens in Texas. This case went to a full-blown trial, took up hundreds of attorney hours, and changed the standard of review for FOIA cases. Christopher talks to us about the unusual Texas law that led to the initial FOIA request, the unique challenges that this case posed, and what it could mean for the future of FOIA.

    Christopher Berry is a senior staff attorney in the Animal Legal Defense Fund’s litigation program where he develops and litigates strategic impact cases affecting a broad range of animal protection issues including captive wildlife, companion animals, animals in research, and factory farms. His work on behalf of animals spans many areas of law and includes all stages of litigation including motion practice, trials, and appeals. As an undergraduate at the University of South Dakota, he authored an honors thesis arguing that invasive medical testing on animals violates fundamental principles of bioethics. Chris graduated from the law school at the University of Michigan Law School in 2011, and began working immediately afterward for the Animal Legal Defense Fund.

    ***

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

    The Our Hen House theme song is written and sung by the incredible Michael Harren. The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

    Animal Law Podcast #44: The Cases That Saved the Sales Bans Jan 30, 2019
    Show notes

    On this episode of the Animal Law Podcast I speak to Jonathan Lovvorn, Chief Counsel and Senior VP for Animal Protection at the Humane Society of the United States. He tells us about some recent cases that attempted to invalidate statutory bans on the sale of particularly cruel products, including caged eggs, foie gras, and other products produced in extreme confinement, in California and Massachusetts. These cases, which involve, among other subjects, Constitutional issues of federal preemption and the dormant commerce clause, were recently denied an appeal to the Supreme Court, which is very good news for animals.

    Jonathan Lovvorn is Chief Counsel & Senior Vice President for Animal Protection Litigation at The Humane Society of the United States. He also holds academic appointments at Harvard Law School, Yale Law School, Georgetown University Law Center, and New York University School of Law. He teaches courses on animal law, wildlife law, and climate policy, and has published a number of articles concerning the intersection of animal law, environmental law, and food policy. He has litigated extensively on behalf of animals and the environment, written hundreds of state and federal animal protection laws, and served as the primary legal strategist for major animal protection ballot measures. He received an LL.M. in Environmental Law from Northwestern School of Law of Lewis & Clark College, and a J.D. from University of California Hastings College of the Law.

    ***

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

    The Our Hen House theme song is written and sung by the incredible Michael Harren. The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

    Animal Law Podcast #43: The Case of the Meaning of “Meat” Dec 27, 2018
    Show notes

    On this episode of the Animal Law Podcast I speak to Amanda Howell, a Staff Attorney at the Animal Legal Defense Fund, about a lawsuit that was recently brought in federal court in Missouri seeking to invalidate, as unconstitutional, a law that prohibits the producers of plant-based and cell-based products from misrepresenting those products as “meat.” The plaintiffs in this case, Tofurky and the Good Food Institute, argue that the language of the law is vague, over-protective, and ineffectual at protecting the public from misleading information.

    Amanda Howell’s work at ALDF focuses on combating humane-washing, AgGag laws, and the animal agriculture industry’s attacks on plant-based foods. Prior to joining ALDF, Amanda co-headed the food law practice at the Stanley Law Group—using state consumer protection laws to combat false advertising and deceptive practices. Prior to that, Amanda served as Assistant Director of Litigation at the Center for Science in the Public Interest. Amanda has contributed to the National Association of Consumer Advocates’ Standards and Guidelines publication, the National Consumer Law Center’s Class Actions Manual, and has co-authored an article for the Food and Drug Law Institute’s Food and Drug Policy Forum on “natural” labeling issues.

    ***

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

    The Our Hen House theme song is written and sung by the incredible Michael Harren. The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

    Animal Law Podcast #42: The Case of the Tormented Tigers Nov 28, 2018
    Show notes

    On this episode of the Animal Law Podcast, I talk to Brittany Peet, the director of Captive Animal Law Enforcement at the PETA Foundation, about her efforts to use the Endangered Species Act to help some tiger cubs and other animals who have been subjected to horrific maltreatment at the rather disturbingly named organization Wildlife In Need, a roadside exhibitor in Indiana.

    This case, captioned PETA v Wildlife in Need and Wildlife In Deed, is currently pending in the Federal District Court for the Southern District of Indiana, which has already issued a preliminary injunction. It highlights so much of what is wrong with our current regulation of captive wildlife and the alarmingly lax enforcement of the few regulations that are in place. Brittany will also tell us about a related successful action against Wildlife in Need’s veterinarian.

    ***

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

    The Our Hen House theme song is written and sung by the incredible Michael Harren. The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

    Animal Law Podcast #41: The Case of the Wall Against the Law Oct 31, 2018
    Show notes

    On this episode of the Animal Law Podcast, I talk to Tony Eliseuson of the Animal Legal Defense Fund about the potential impact of the proposed and proceeding border wall between the United States and Mexico on many species of animals, including endangered ones. We also discuss the several ongoing legal cases surrounding these issues which are based on a wholesale disregard of numerous environmental law, including the Endangered Species Act. I hope you find the conversation as shocking, and illuminating, as I did.

    Tony is a nationally recognized attorney who joined the Animal Legal Defense Fund after a 15-year career as a partner with a leading global law firm. Tony’s path to the Animal Legal Defense Fund began when he was a young associate encouraged by a colleague with a passion for animal law. Tony went on to work on several pro bono cases with the Animal Legal Defense Fund before he joined as full time staff. Before leaving his firm, Tony was named a national Law360 Rising Star for 2014 and was selected to the Illinois Super Lawyer list each year from 2014 to 2017 .

    ***

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

    The Our Hen House theme song is written and sung by the incredible Michael Harren. The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

    Animal Law Podcast #40: The Case of Justice For Justice Sep 27, 2018
    Show notes

    On this episode of the Animal Law Podcast, I’m so pleased to welcome back Matthew Liebman of the Animal Legal Defense Fund, who will be speaking with us about the case of JUSTICE, an American Quarter Horse, by and through his Guardian, Kim Mosiman, Plaintiff, v. GWENDOLYN VERCHER, Defendant. It is certainly a unique case. Justice is bringing a negligence per se claim against his former owner, who previously pled guilty to misdemeanor animal neglect. We discuss the fascinating intricacies of this case, why negligence per se is a particularly apt cause of action for such groundbreaking litigation, what it means to be considered a “person” under the law, and the broader legal implications around Justice’s case. We also discuss the recent disappointing decision, and plans to appeal.

    Matthew Liebman is Director of Litigation at ALDF. He has litigated cases including ALDF v. Otter, the first lawsuit to successfully invalidate an Ag-Gag law; Bennett v. McDaniel, which rescued a captive bear from a small concrete cage where she had languished for 16 years; and ALDF v. Conyers, which resulted in the rescue of more than 100 dogs from a North Carolina hoarder. Matthew’s writing has appeared in the Animal Law Review, the Journal of Animal Law, the Stanford Environmental Law Journal, and the Animal Legal & Historical Web Center. With Bruce Wagman, Matthew co-authored A Worldview of Animal Law, which examines how the legal systems of different countries govern our interactions with animals. He lives with his human companion and their five feline companions Kitty Kitty, Ollie, Emma, Spider, and Niecey.

    ***

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

    The Our Hen House theme song is written and sung by the incredible Michael Harren. The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

    Animal Law Podcast #39: The Case of the Harassed Horses Aug 29, 2018
    Show notes

    On this episode of the Animal Law Podcast, I’m so pleased to welcome back environmental lawyer Bill Eubanks of Meyer, Glitzenstein & Eubanks, who will be speaking with us about wild horses. Specifically, he will be discussing plans currently underway at the Bureau of Land Management to clear all the wild horses out of the Caliente Complex, a 700,000 acre area of Nevada where these horses have roamed for many years. While the plan is to get every single one of these horses out, that is not the case for the thousands of cattle and sheep grazing in this area under sweetheart leases granted to private entities by the federal government. Bill will give us the latest on those plans, as well as on the lawsuit he has recently filed on the part of concerned organizations and individuals to stop this travesty.

    Bill practices in the areas of federal appellate and trial court litigation under the Endangered Species Act and other federal statutes involving animals and the environment. He’s worked on cases challenging oil spill response strategies harming sea turtles, getting protections for Indiana bats from an industrial wind energy project, obtaining agency records regarding federal financing of coal-fired power facilities, forcing a reconsideration of critical habitat for the California tiger salamander, reducing off-road vehicle use in Big Cypress National Preserve. He also teaches a course examining the intersection of environmental law, food systems, and agricultural policy at Vermont Law School, American University’s Washington College of Law, and at the George Washington University Law School. Among his numerous publications is Food, Agriculture, and Environmental Law, which he co-authored and co-edited.

    ***

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

    The Our Hen House theme song is written and sung by the incredible Michael Harren. The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

    Animal Law Podcast #38: The Case of the Missing Facebook Comments Jul 24, 2018
    Show notes

    On this episode of the Animal Law Podcast, I’m so pleased to welcome back Gabriel Walters, Counsel and Manager of Legislative Affairs for the People for the Ethical Treatment of Animals (PETA) Foundation, where he contributes to PETA’s efforts to pass legislation and win court cases that help animals. Joining us will be PETA Research Associate Jeremy Beckham, who will be providing his expertise on the facts of a very intriguing case.

    If you listened to the interview with Alka Chandna on Episode 392 of the Our Hen House podcast you are already familiar with some of the underlying facts of the years of research that has been and continues to be performed on golden retrievers at Texas A&M University that is purported to be related to muscular dystrophy. In the lawsuit we will be discussing today, PETA is suing the university, which is a public, government-funded, university, for what it asserts are violations of the First Amendment in shutting out all comments on the University’s Facebook page regarding the research. What a fascinating topic! You do not want to miss this interview!

    ***

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

    The Our Hen House theme song is written and sung by the incredible Michael Harren. The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

    Animal Law Podcast #37: Justin Marceau on the Animal Welfare Act Jun 27, 2018
    Show notes

    On this episode of the Animal Law Podcast, I’m bringing you something a little different. I speak with Justin Marceau not about a litigated case, but about the Animal Welfare Act and his recent Hastings Law Journal article, “How The Animal Welfare Act Harms Animals”. We talk about the failings of this statute and the suffering that the Act contributes to, despite purporting to do otherwise.

    Justin Marceau is a professor of law at the Sturm College of Law at the University of Denver. The focus of his teaching and scholarship includes criminal law, criminal procedure, federal jurisdiction, constitutional law, habeas corpus, the death penalty, and animal law. He also holds what is believed to be the first animal law chair in the country, the Animal Legal Defense Fund Professorship. He was honored as the 2016 Vermont Law School Distinguished Scholar in Sustainable Agriculture and Food Systems and spent two weeks in residence at the Vermont Law School. He is actively researching a variety of food and animal law issues in preparation for a variety of courses and articles he hopes to pursue in the future.

    ***

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

    The Our Hen House theme song is written and sung by the incredible Michael Harren. The graphics for the OHH podcasts are created by the wonderful Laurie Johnston of Two Trick Pony. Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its ninth glorious year!

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