2006: The year in animal law

This year saw small changes in the legal landscape regarding animals, most of which benefited animals, a few of which did not. The theme, as in year's past, is inconsistency: more companion animals got trusts, while animals on factory farms still get almost no legal protection. One court called stomping a fish cruelty; another won't recognize the emotional damage to a kid watching his dog get beat to death. That said, animal guardians and animal advocates have been suing and lobbying, and animal users fighting back. The top stories, in no order:

Animal rights activists targeted. Legislatures and prosecutors have done their best to suppress dissent over animal exploitation in 2006. Although existing laws punish harassment, property damage, and theft (the worst crimes committed by AR activists), animal industries have flexed their strength by passing laws at the state and federal levels that add or expand penalties for offenders who target animal industries. See recent legislation in Pennsylvania and the federal Animal Enterprise Terrorism Act. Courts have also convicted activists of maintaining an incendiary website (SHAC) and breaking into a factory farm to film the suffering there, (Compassionate Consumers). Will Potter at Green Is the New Red has done a fantastic job covering the "Green Scare."

The fight over factory farm pollution continues. Intensive factory farming not only makes animals' lives hell, but wreaks havoc with local ecosystems. This year has seen attempts by neighbors and environmentalists to limit factory farms, and attempts by Big Ag to protect itself. The Oklahoma AG has sued chicken producers, Missouri counties are zoning out hog farms, and many U.S. Congressman are watching the factory farms' backs. Also, the EPA also drafted a rule on factory farms and the Clean Water Act after a court struck down the previous rule.

Gains at the local level. Too many cities and towns to mention amended animal control statutes. Chicago banned foie gras (though the enforcement stinks). Albuquerque passed an extensive animal ordinance, including mandatory spay/neuter. Toledo's pit bull ban was struck down.

States expand laws against (non-institutional) animal abusers.  After years of struggle, Kansas joined the bulk of states in enacting a felony animal cruelty provision; an attempt in Utah failed. Utahans are trying again though. (Hat tip: AAFL.) Bills criminalizing sex with animals passed in Washington and Arizona. Several states, led by Maine, enacted laws allowing companion animals to be added to protection orders. One law professor asked whether, in the current climate, it's possible for legislation or lawsuits to address cruelty against animals in any meaningful way.

Animals added to evacuation plans. States enacted laws allowing/requiring/studying disaster plans to consider animals, most notably in Louisiana. After what seemed like a bit of a delay, there was also federal action. Also, animal law experts pondered post-Katrina animal custody disputes.

Direct democracy still where it's at.  And don't animal industries know it? Earlier this year, a federal appellate court upheld a Utah amendment which makes it harder to pass wildlife related initiatives, by imposing a 2/3rd's majority vote. In July, the Massachusetts Supreme Court prevented voters from having their say on an initiative that would reform various dog laws and, in doing so, ban greyhound racing. In the November elections, Arizona voters passed a ban on restrictive crates for calves and for pregnant pigs, and Michigan voters turned down a chance to legalize hunting mourning doves. Why bypass legislatures? See the feet dragging of the U.S. Congress on the horse slaughter ban (earlier coverage here) and an animal fighting bill.

Also, a roundup roundup: Dawn Watch, HSUS (with pictures!). Happy New Year!