Animal Law Podcast #70: The Case of the “Teachable Moments”

03/31/21 • 51 min

On this episode of the Animal Law Podcast, I speak with Vanessa Shakib of Advancing Law for Animals about Missouri Alliance for Animal Legislation and Stop Animal Exploitation Now! (“SAEN”) v USDA, in which the plaintiffs sought to vacate two rules promulgated by USDA’s Animal Care division without notice to the public or an opportunity to comment, as required by the Administrative Procedure Act. These rules concerned the implementation of two new enforcement policies, the Orwellian-entitled, “Teachable Moments Rule” and “Self-Reporting Rule,” that drastically limited the ability of concerned members of the public and others to ascertain the true violation history regarding the treatment of animals at licensed facilities, including both puppy mills and laboratories. She’ll also tell us about the recent settlement that resolved the lawsuit and how members of the public can best make use the information now available on the USDA website.

We also speak briefly about a recently filed case, also on behalf of SAEN, against the University of Southern California regarding the stark contrast between the University’s claims regarding how animals are kept in their laboratories and the evidence the plaintiff has gathered revealing a much darker picture.

Vanessa Shakib co-founded and co-directs Advancing Law for Animals, a non-profit law firm for our non-human friends that focuses on animal law, government accountability, and illegal business practices. There, she develops impact litigation to further the interests of animals exploited in research and industrial food production. Vanessa regularly presents talks as an invited expert in animal law both nationally and abroad.

Prior to animal law, Vanessa specialized in illegal taxation, consumer protection, and inverse condemnation, among other practice areas. Her track record in government oversight informs her work at Advancing Law for Animals, where she has successfully challenged cruel and illegally-promulgated regulations at the federal level, and lack of animal-welfare enforcement at the local level. Vanessa continues to consult on a variety of legal matters through her private practice, Shakib Law, PC.

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Previous Episode

Animal Law Podcast #69: The Case of the SPCA and the Puppy Mill

On this episode of the Animal Law Podcast, I speak with Christopher Berry, a managing attorney in the Animal Legal Defense Fund’s Litigation Program, where he oversees strategic impact litigation to protect the lives of and advance the interests of animals. Christopher and I speak about Caru SPCA v Anthony, in which a California backyard breeder/puppy mill was shut down by the Superior Court of California for Solano County under various sections of the Vallejo California Municipal Code, along with a California state law entitled the Pet Breeders Warranty Act (Health & Safety Code Sections 122045 – 122315).

In spite of complaints made for years to local authorities, this sub-standard breeding facility for Carolina Dogs had been permitted to continue doing business in spite of the poor treatment of the dogs. What changed? The Caru SPCA appeared on the scene with the mission of preventing “cruelty to animals by use of all legal means, by working cooperatively with law enforcement and humane agencies, by promoting the enforcement of animal protection laws, and by educating others about the laws that protect animals and humane standards of care for animals.” You will want to hear about how this organization came into being, the role of the Animal Legal Defense Fund in aiding in the creation of this independent entity with statewide jurisdiction, and what an SPCA can do that other individuals and organizations are unable to do to protect animals under California law. This could be a game-changing development for animals.

Christopher Berry is a managing attorney for the Animal Legal Defense Fund’s litigation program where he oversees and litigates strategic impact cases involving a broad range of animal protection issues. In the wake of government acquiescence of illegal activity, he has brought private enforcement actions in civil court to stop illegal puppy laundering, fur farming of a threatened species, and animal hoarding. He also leverages litigation against the government itself, thereby catalyzing revision of the USDA’s rubberstamp policy for Animal Welfare Act licenses, the USDA’s blackout of records generated under the Animal Welfare Act, and North Carolina’s approval of gas chambers for routine euthanasia at animal shelters.

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Next Episode

Animal Law Podcast #71: A Case of Bird Flu

On this episode of the Animal Law Podcast, I speak with Laura Fox and Daniel Wiener about The Humane Society of the United States v. United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, in which animal advocacy groups are taking on the USDA’s plans for what to do to the chickens who, trapped in factory farms, inevitably come down with bird flu, endangering humans as well as birds with a potential pandemic. After the USDA virtually ignored the suggestion that the birds should be kept in less crowded and less brutal surroundings as a way to possibly avoid such an outbreak, the agency instead decided the birds’ ventilation should be shut off so they can slowly die a horrible death. Oh, and the “farmers” will be compensated by taxpayers for their losses. The horrors visited upon animals seem to keep getting worse, but at least a recent standing decision in US District Court in California will let the case proceed and the courts will have an opportunity to decide whether they have finally just gone too far.

Laura Fox joined the Humane Society of the United States’ Animal Protection Law department in 2015 as an attorney focusing on issues related to puppy mills, and now is the Staff Attorney for Farm Animal Protection working on efforts to reduce extreme confinement practices and challenging their environmental impacts. She is also an Adjunct Professor of Animal Law at George Mason’s Scalia Law School. Daniel Wiener is an associate in the Litigation practice of Shearman and Sterling.

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