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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 #66: The Case of the California Sales Bans Nov 25, 2020
    Show notes

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

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

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

    ***

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

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


    Animal Law Podcast #65: The Case of the Not-So-“Natural” Chicken Oct 28, 2020
    Show notes

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

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

    ***

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

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

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

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


    Animal Law Podcast #64: The Case of the Missing Migratory Birds Sep 30, 2020
    Show notes

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

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

    ***

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

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


    Animal Law Podcast #63: The Case of the Slaughtered Lambs Aug 26, 2020
    Show notes

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

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

    ***

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

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


    Animal Law Podcast #62: The Case of Vegan Butter Jul 29, 2020
    Show notes

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

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

    ***

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

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


    Animal Law Podcast #61: The Case of the Forgotten Birds Jun 24, 2020
    Show notes

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

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

    ***

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

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


    Animal Law Podcast #60: The Case of the Slaughterhouse Water May 27, 2020
    Show notes

    On this episode of the Animal Law Podcast, I speak with Alexis Andiman and Sylvia Lam about Cape Fear River Watch v. United States Environmental Protection Agency, a case currently pending in the Fourth Circuit, in which their clients challenge the EPA’s guidelines for the amount of pollution that slaughterhouses are permitted to emit into waterways. With slaughterhouses in the news for other reasons, here is one more way in which they are causing enormous harm with which we should all be familiar. Fortunately, the Clean Water Act sets standards and guidelines, but, unfortunately, they are not being followed. This lawsuit seeks to set that right.

    Alexis Andiman is staff attorney with the Sustainable Food & Farming Program at Earthjustice, where she works to improve our nation’s food system, from crop selection and farming practices to food processing and accessibility. Prior to joining Earthjustice, Alexis completed fellowships with the Conservation Law Center and Clinic at Indiana University’s Maurer School of Law and the Center for Biological Diversity. She received her J.D. with honors and a Certificate in Environmental and Natural Resources Law from Lewis & Clark Law School. While in school, Alexis worked as a legal writing teaching assistant and interned with a variety of environmental and conservation organizations, including Columbia Riverkeeper, Advocates for the West, and the Earthrise Law Center.

    Sylvia Lam works as a staff attorney at the Environmental Integrity Project. She joined EIP in 2015 and works primarily on litigation relating to Clean Water Act rulemaking and enforcement matters as well as the Freedom of Information Act. She holds a J.D. from the University of Southern California Gould School of Law. During law school, Sylvia interned for EIP, the Environmental Law Institute, U.S. EPA Region III’s Office of Regional Counsel, and the Land Law Section of the California Office of the Attorney General. Prior to law school, she worked for an environmental consulting firm, where she analyzed the implications of climate change on U.S. water security.

    ***

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

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


    Animal Law Podcast #59: The Case of the Downed and Desperate Pigs Apr 30, 2020
    Show notes

    On this episode of the Animal Law Podcast, I speak with regular Animal Law Podcast guest Delcianna Winders along with two of her students in the Lewis and Clark Law School Animal Law Litigation Clinic, Hira Jaleel and Irene Au-Young, on a case they filed on behalf of several animal welfare organizations including Farm Sanctuary, Animal Legal Defense Fund, Animal Outlook, Animal Welfare Institute, Compassion in World Farming, Farm Forward, and Mercy For Animals. This case was brought against the US Department of Agriculture and the Food Safety and Inspection Service over what the plaintiffs claim is these agencies’ “unlawful failure to protect the more that half million pigs who arrive annually at slaughterhouses in the United States unable to rise or walk,” otherwise known as “downed pigs.”

    We discuss at length how the charges brought in this lawsuit violate the Human Methods of Slaughter Act and the Federal Meat Inspection Act, the causes of action presented in this case, and the significant decreases in agency regulation that have exacerbated the already horrific conditions for these animals, as well as for people.

    Delcianna J. Winders is a clinical professor of law and the director of the Animal Law Litigation Clinic at Lewis & Clark Law School, the world’s only law school clinic dedicated to farmed animal advocacy. Her scholarship has appeared in numerous law reviews, and she has also published extensively in the popular media. Prior to joining the Lewis & Clark faculty, Professor Winders was vice president and deputy general counsel for the PETA Foundation, the first academic fellow of the Harvard Animal Law & Policy Program, and a visiting scholar at the Elisabeth Haub School of Law at Pace University. She has also taught animal law at Tulane University School of Law and Loyola University New Orleans College of Law. She frequently gives talks on animal law subjects, has been interviewed by major national and international news outlets, and was featured in O, The Oprah Magazine as one of “Six Women Who Dare.” Winders received her BA in Legal Studies with highest honors from the University California at Santa Cruz, and her JD from NYU School of Law. Following law school, she clerked for the Hon. Martha Craig Daughtrey on the United States Court of Appeals for the Sixth Circuit.

    Hailing from Pakistan, Hira Jaleel is currently pursuing her LL.M in Animal Law from Lewis & Clark Law School. Hira is a recipient of a Fulbright scholarship as well as Lewis & Clark’s Animal Law LL.M Leadership Award. She received her B.A-LL.B (Hons.) from the Lahore University of Management Sciences and is licensed to practice as an attorney in Pakistan. After graduation, Hira practiced in one of Pakistan’s top law firms for two years. There, she worked on litigation against the practice of dog fighting in Pakistan as well as litigation pertaining to the implementation of CITES in the country in a case related to wild felids being imported to be exhibited in political rallies. She has previously advised clients on Pakistan’s whistle-blowing laws vis-a-vis reporting of animal abuse in live animal export, and on the legal rights of clients threatened with eviction and seizure of their companion animals by housing authorities. Hira is working on litigating for farmed animals as part of the Animal Law Litigation Clinic at Lewis & Clark and is also currently interning with Animal Law Reform South Africa.

    Irene Au-Young is a third-year law student at Lewis & Clark Law School. Irene’s passion for animal law was realized when her family adopted two pit bull terriers. Irene hopes to use her legal education to combat the social and legal elements that play into breed specific legislation. She also hopes to combat issues around animal agriculture and how they interrelate to both food security and climate change. In addition to animal law, Irene is interested in immigrants’ rights, specifically challenging policies that attempt to disqualify immigrants from receiving access to the courts.

    ***

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

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


    Animal Law Podcast #58: The Case of the “Right to Rescue” Mar 26, 2020
    Show notes

    On this episode of the Animal Law Podcast, I’m bringing you something a little bit different. I speak with Wayne Hsiung of Direct Action Everywhere (DxE), who is a lawyer but is also one of the defendants in the cases we’ll be speaking about today. The felony charges being brought against him and other DxE activists, in multiple states, are a result of open rescues of sick and dying animals from factory farms, which have been followed by prosecutions in which activists, including Wayne, are being charged with a wide range of offenses–including “theft of fruits and vegetables.” We talk about the challenges of mounting a defense against these charges and how the lobbying influence of the agriculture industry directly targets animal activists.

    Wayne Hsiung is a lawyer, former law professor, and co-founder of the global animal rights network Direct Action Everywhere (DxE). His work as an open rescue activist has been reported on in The New York Times, The Wall Street Journal, and ABC’s Nightline. Prior to co-founding DxE, Wayne published research (with Cass Sunstein) on climate change’s impact on wildlife, practiced law at two national firms, and had an active pro bono practice defending victims of domestic violence.

    DxE’s mission is to build a grassroots movement for animals. According to DxE, “We believe in a world where animals are treated like living creatures, not things, and where every slaughterhouse has been transformed into a sanctuary. We aim to pass an animal bill of rights that gives every animal the right to live free from violence and exploitation — in one generation.”

    ***

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

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


    Animal Law Podcast #57: The Case of the Empty Pet Store Feb 26, 2020
    Show notes

    On this episode of the Animal Law Podcast, I speak with Rebecca Cary of the Humane Society of the United States about Just Puppies v Frosh, a case brought against the Attorney General of of Maryland arguing that that state’s ban on the sale of dogs and cats in pet stores was unconstitutional. Rebecca is the attorney who wrote and filed the amicus brief filed by HSUS in favor of the state’s position defending the “Pups’ Act.” We discuss the recent decision of the United States District Court for the District of Maryland upholding the law against dormant commerce clause, preemption, and equal protection arguments. We also discuss why this decision is not only significant in and of itself but also bodes well for the over 300 laws being passed around the country imposing similar sales bans in an effort to undermine puppy and kitten mills, which are generally the source of the animals sold in most pet stores.

    Rebecca Cary is a Senior Staff Attorney at The Humane Society of the United States, where she has worked since 2010 on Constitutional & Policy Defense Litigation. She graduated from Northeastern University School of Law in 2009, where she successfully petitioned the school to include an animal law class in its curriculum. Prior to law school, Rebecca earned a B.A. from the University of California San Diego, where she co-founded a student animal organization and participated in grassroots animal activism. She lives with her two rescue cats in Washington, DC.

    ***

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

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


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