It’s that time of year. 2023 has ended, and we’re looking back at the biggest legal victories for animals. If you’ve been following all of One Green Planet’s monthly animal law updates, thank you. And now for the fun part, we’ve picked winners from the following 4 categories to sum up 2023:
- Case of the Year
- Theme of the Year
- Trend of the Year
- Topics to Watch in 2024
Happy New Year everyone.
1. Case of the Year: NPPC v. Ross
Why bury the lead? If “Case of the Year” were a close call, I’d save this category for last and hope you’d scroll to the bottom. But this year, the clear winner is National Pork Producers Council (NPPC) v. Ross, the U.S. Supreme Court case that upheld California’s Prop 12. Prop 12, which we covered in detail back in May, bans the in-state sale of products that come from pigs confined in gestation crates. Because the law applies to all products sold in California, not just produced there, pork producers across the country challenged the law as unconstitutional. In May of 2023, the U.S. Supreme Court rejected the pork industry’s challenge.
I’m sure that many readers will (fairly) take issue with my pick. A gestation crate ban does not afford animals their freedom, rights, or even happiness — it just makes some of them a bit less miserable. Granted. But it isn’t every day that animal issues are front-and-center in the country’s highest court, let alone that the animal interests come out on top. A big win on the biggest stage cements this as Case of the Year. And as the cherry on top, remember that Prop 12 really was the people’s victory: it passed (overwhelmingly) through a ballot initiative, and several animal-protection organizations banded together at every stage of litigation to Support California’s defense of the law.
Honorable Mention: PETA v. Cooper
Animal rights lawyers, while sometimes disagreeing on strategies, tend to always agree on the importance of defending the free-speech rights of activists. Activism allows the world to learn the truth about the agriculture industry, through (non-graphic) footage like this:
Source: Animal Outlook/YouTube
In that vein, PETA v. Cooper, the Fourth Circuit opinion we covered in March — and which the US Supreme Court declined to weigh in on in October — needs mentioning because it was a big win for the First Amendment rights of undercover investigators.
2. Theme of the Year: Go Local
If you’ve read even a few of this year’s columns, then you likely guessed this theme — progress for animals through state and local laws.
The idea that states have a central role in advancing rights of course predates the contemporary animal-rights movement. Justice Brandeis typically gets credit for the idea that, because states have their sovereignty, they should test out different sets of laws for the nation to evaluate. Half a century after his dissent in New State Ice Co. v. Liebmann (1932), Justice O’Connor — the Supreme Court’s first female justice — re-emphasized that progress often starts with states, noting, for example, that Wyoming permitted women to vote as early as 1890, Wisconsin pioneered unemployment insurance, and Massachusetts initiated minimum wage laws for women and minors. (For an in-depth discussion, see Amarica’s Constitution, S3 E50). In the 21st Century, it’s up to states to take the first big steps to protect animal interests.
Our August column explained how, throughout 2023, (1) states have started taking these steps, and (2) the agriculture lobbies are pushing back. NPPC v. Ross fits perfectly into this theme — California banned gestation crates through Prop 12, and pork producers tried to argue the ban exceeded California’s lawmaking power. Then, when the industry failed in court, the ag lobbies pushed for the EATS Act, appealing to Congress to limit states’ power to protect animals. To be sure, Prop 12 was not the first state animal-protection law, and the EATS Act was not the first legislative attempt to curtail states’ ability to protect animals. But the power struggle over state animal-protection laws ramped up in 2023, and it’s sure to continue in the coming years.
3. Trend of the Year: Mainstreaming
Maybe this is wishful thinking, but in 2023 it feels like animal law is pushing its way into the mainstream. More and more law schools are developing animal law departments, courses, and clinics; new nonprofits are forming; and, of course, an animal-protection issue reached the U.S. Supreme Court. Government actors have also brought several notable enforcement actions and prosecutions, holding agricultural facilities responsible for animal cruelty. For example, following Animal Outlook’s investigation of a Tyson grower, the Virginia attorney general’s office brought criminal charges against the owner and operator of the facility. The U.S. Department of Justice entered a consent decree with a Michigan roadside zoo in an enforcement action alleging that the facility violated the Endangered Species Act and the Animal Welfare Act.
State enforcement actions against facilities, owners, and managers are key to showing the public that animal cruelty in the ag industry is not just the result of a few “bad apples” — it’s systemic. So exposing and holding actors liable for these systemic harms has been a promising trend to see in 2023.
Source: Netflix Is A Joke/YouTube
4. What to Watch in 2024
There’s so much to watch for in 2024, but I’ll stick to two.
First, what will happen to the administrative state? In January, the Supreme Court is poised to hear an argument in Loper Bright Enterprises v. Raimondo, a case that could overrule one of the biggest decisions in administrative law history: Chevron v. Natural Resources Defense Council. Chevron held that courts have to show agencies’ deference when agencies interpret ambiguous laws. In practice, that legal jargon has meant, historically, that agencies like the Environmental Protection Agency have had some leeway to pass and enforce regulations, such as environmental regulations. Overruling Chevron would officially pull a lot of this power from administrative agencies and make it harder for them to protect the environment and animals. To be sure, less agency discretion might not be all bad — animal-protection groups could, in theory, have more success challenging unfavorable legal interpretations by agencies like the USDA that don’t want to perform their regulatory duties. But for better and/or worse, Loper has the potential to make major waves in the practice of administrative law, and therefore animal law.
Second (and because of my personal bias), how will the fights over labeling and advertising of plant-based alternatives play out? Back in 2021, I published a study that — despite some critiques by the Australian Parliament — provided strong evidence that consumers are not confused when plant-based products use words like “milk” or “meat”; rather, consumers need these terms to understand the taste, function, and origin of new plant-based alternatives. Just try to come up with a useful label for a plant-based tuna fish alternative without using the word ‘tuna.’ It’s nearly impossible. Still, several states and countries continue passing laws to restrict vegan marketing, and Tofurky has led the way in challenging them. More of these challenges will play out in 2024.
Speak Up Tee By Tiny Rescue: Animal Collection
That’s all for 2023. For more great Animal Law Resources, be sure to check out the Animal Law Podcast and Brooks Animal Law Digest. And you can catch up on all of One Green Planet’s monthly animal law columns:
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