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The Animal Law Podcast - The Case of the Cultivated Chicken with Paul Sherman

The Case of the Cultivated Chicken with Paul Sherman

12/25/24 • 65 min

The Animal Law Podcast

Paul Sherman, senior attorney with the public interest law firm The Institute for Justice, joins us this week to discuss the legal battle over cultivated meat in Florida. Paul is leading the landmark lawsuit brought by UPSIDE Foods, challenging Florida’s controversial statute that criminalizes (criminalizes!) the production and sale of USDA-approved cultivated meat products in the state.

This pivotal case examines constitutional challenges to state food regulation through both the dormant commerce clause and federal preemption arguments. Key questions include: Does cultivated chicken meet the federal definition of poultry? How does the federal Poultry Products Inspection Act affect producers’ rights? And can states ban products that federal regulators have deemed safe?

Key Discussion Points:

  • Federal preemption of state food safety regulations
  • Interstate commerce implications for cultivated meat
  • USDA approval process for novel food products
  • State restrictions on food technology innovation
  • Legal framework for challenging state food bans

ABOUT OUR GUEST

Paul Sherman is a senior attorney at the Institute for Justice, where he champions individual rights and constitutional protections through groundbreaking litigation. Specializing in First Amendment cases and economic liberty, Sherman leads significant legal challenges including UPSIDE Foods’ fight against Florida’s cultivated meat ban and cases defending plant-based meat alternatives’ advertising rights. His work at the nonprofit public-interest law firm focuses on challenging restrictive occupational-licensing laws that burden free speech and defending individual liberties in both federal and state courts. Sherman holds a law degree from George Washington University Law School and degrees in political campaigning and political science from the University of Florida.

RESOURCES

Interview transcript available on our website.

**********

You can listen to the Animal Law Podcast directly on our website (at the top of this page) 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). Between now and December 31, all donations will be TRIPLED up to $20,000! Contributions of any amount will go towards our fundraising goal and are hugely appreciated. Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its fourteenth glorious year!

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Paul Sherman, senior attorney with the public interest law firm The Institute for Justice, joins us this week to discuss the legal battle over cultivated meat in Florida. Paul is leading the landmark lawsuit brought by UPSIDE Foods, challenging Florida’s controversial statute that criminalizes (criminalizes!) the production and sale of USDA-approved cultivated meat products in the state.

This pivotal case examines constitutional challenges to state food regulation through both the dormant commerce clause and federal preemption arguments. Key questions include: Does cultivated chicken meet the federal definition of poultry? How does the federal Poultry Products Inspection Act affect producers’ rights? And can states ban products that federal regulators have deemed safe?

Key Discussion Points:

  • Federal preemption of state food safety regulations
  • Interstate commerce implications for cultivated meat
  • USDA approval process for novel food products
  • State restrictions on food technology innovation
  • Legal framework for challenging state food bans

ABOUT OUR GUEST

Paul Sherman is a senior attorney at the Institute for Justice, where he champions individual rights and constitutional protections through groundbreaking litigation. Specializing in First Amendment cases and economic liberty, Sherman leads significant legal challenges including UPSIDE Foods’ fight against Florida’s cultivated meat ban and cases defending plant-based meat alternatives’ advertising rights. His work at the nonprofit public-interest law firm focuses on challenging restrictive occupational-licensing laws that burden free speech and defending individual liberties in both federal and state courts. Sherman holds a law degree from George Washington University Law School and degrees in political campaigning and political science from the University of Florida.

RESOURCES

Interview transcript available on our website.

**********

You can listen to the Animal Law Podcast directly on our website (at the top of this page) 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). Between now and December 31, all donations will be TRIPLED up to $20,000! Contributions of any amount will go towards our fundraising goal and are hugely appreciated. Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its fourteenth glorious year!

Previous Episode

undefined - Animal Law Podcast 114: The Case of the Not-So-Clean Water Act

Animal Law Podcast 114: The Case of the Not-So-Clean Water Act

Emily Miller of Food and Water Watch joins us to talk about Food and Water Watch v EPA, which involves the Clean Water Act and why, when it comes to one particular industry (guess which one!), it is so ineffective in guarding our water from being polluted with outright filth. Whether it comes to the failure to require factory farms to get permits or failure to ensure the factory farm permits that do exist are actually protective of water quality, the Clean Water Act and the Environmental Protection Agency, which is charged with enforcing it, are failing to live up to their names, and too often the courts are failing as well.

ABOUT OUR GUEST

Emily Miller is a Staff Attorney at the national advocacy organization Food & Water Watch. Emily primarily focuses on legal strategies to address factory farm air and water pollution harming frontline communities, the environment, and the climate. She is based in Colorado.

RESOURCES

Interview transcript available on our website.

**********

You can listen to the Animal Law Podcast directly on our website (at the top of this page) 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). Between now and December 31, all donations will be TRIPLED up to $20,000! Contributions of any amount will go towards our fundraising goal and are hugely appreciated. Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its fourteenth glorious year!

Next Episode

undefined - The Case of the Thirsty Elk: Saving Point Reyes’ Tule Elk with Chris Green and Rebecca Garverman

The Case of the Thirsty Elk: Saving Point Reyes’ Tule Elk with Chris Green and Rebecca Garverman

Chris Green and Rebecca Garverman join us this week to talk about a case that managed to catch the attention not only of the public at large but of a number of lawyers and, after a great deal of hard work, resulted in a historic victory. You may have heard about the plight of the Tule elk at Point Reyes National Seashore. These extraordinary animals, native to California, are lucky enough, or at least apparently so, to reside in a staggeringly beautiful national park. In spite of this, for years, they have been dying because their access to forage and, most importantly, water has been blocked by, of all unimaginable things, an 8-foot fence put there so that dairy farms could continue to use the land and the water instead. This is an amazing story involving so much hard work by so many people that, mirabile dictu, produced a phenomenal result: the removal of the fence and phase-out of most cattle and dairy operations from the park.

Key Discussion Points:

  • Point Reyes National Seashore’s native Tule elk population faced mass deaths when trapped behind fence protecting dairy farms
  • Harvard Animal Law & Policy Clinic challenged National Park Service’s failure to protect elk dying from lack of water access
  • Legal battle combined with media attention led to historic December 2023 victory: removal of 8-foot fence at Point Reyes
  • January 2024 settlement phases out most dairy operations, with Nature Conservancy’s $30 million buyout protecting 16,000 acres for wildlife
  • Victory allows California’s Tule elk to roam freely at Point Reyes National Seashore for the first time since 1978

ABOUT OUR GUESTS

Chris Green, Executive Director of the Animal Legal Defense Fund and Fellow with the Oxford Centre for Animal Ethics, is a leading authority in animal law and policy. After founding ALDF’s Legislative Affairs Program, he served as inaugural Executive Director of Harvard Law School’s Brooks McCormick Jr. Animal Law & Policy Program. His achievements include defeating Ag-Gag legislation, implementing wildlife protection policies, and advancing non-lethal animal encounter training for law enforcement. A Harvard Law graduate and recipient of the American Bar Association’s Award for Excellence in the Advancement of Animal Law, Green regularly testifies on animal protection legislation and is frequently quoted in major media outlets.

Rebecca Garverman is a Massachusetts-licensed, Boston-based Staff Attorney. She works for the NhRP exploring new legal rights for nonhuman animals. Previously, Rebecca served as a Staff Attorney for Harvard Law School’s Animal Law & Policy Clinic and worked in private practice as a corporate attorney at Goodwin Procter. Rebecca is also a member of the Massachusetts Bar Association’s Animal Law Practice Group. She holds a J.D. from Harvard Law School and a B.S. from the Massachusetts Institute of Technology. Rebecca has presented oral arguments to the Ninth Circuit Court of Appeals as well as the Western District of New York.

Interview transcript available on our website.

**********

You can listen to the Animal Law Podcast directly on our website (at the top of this page) 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). Contributions of any amount will go towards our fundraising goal and are hugely appreciated. Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

Don’t forget to also listen to the award-winning, weekly signature OHH podcast — now in its fifteenth glorious year!

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