C. 10001-10007 (FOIA) in connection with your request for records. Further, to the extent the DDA believes that certain names, such as employee names, should be redacted for privacy concerns, you argue that the records should still be produced with any appropriate redactions. On behalf of Animal Outlook, Will is engaged in numerous lawsuits against the government and animal agriculture using a wide range of legal strategies including administrative challenges, false advertising, and animal cruelty laws. Thus, we determine that the DDA has not sufficiently supported its denial of access to the requested records under Section 10002(o)(6) to meet its burden. protect. Several years ago Animal Outlook conducted an undercover investigation of Martin Farms, in Pennsylvania, a dairy farm that proved to be the locus of much hideous cruelty to animals.Some of that cruelty was what we often call "gratuitous . JH}(}i__cgwVl3&l :OJM|e^K~ 23p)VVvqa1r-NX\(3%4^|3Ri&YfyI2 lf7a"k,Ps^G kPSQWa#Y This hen is being deliberately baked to death with other hens in a The company or organization that William Craig Lowrey serves is Animal Outlook.The office address is Po Box 9773, Washington, DC 20016-9773, United States of America. In Minnesota, more than 1.7 million birds, mostly turkeys, have been or will soon be depopulated since the states first avian flu case on March 25, with an increasing number killed using VSD+ compared to the 2015 bird flu, according to state veterinarian Beth Thompson. Amy also serves on the board of the Animal Welfare Trust and is a member of the HSUSs New York State Council. Like the Brooks Animal Law Digest US Edition, the Canadian Digest serves as a resource for anyone interested in learning more about the field of animal law either as a high-level overview of developments, or as a jumping off point for digging into a specific current issue in the field. The Brooks Institute for Animal Rights Law and Policy is excited to share a new FREE resource: The Brooks Animal Law Digest CANADA EDITION! endstream endobj 98 0 obj <>/Metadata 8 0 R/Pages 95 0 R/StructTreeRoot 12 0 R/Type/Catalog>> endobj 99 0 obj <>/MediaBox[0 0 612 792]/Parent 95 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 100 0 obj <>stream RIN: 0583-AD85 Title: Maximum Line Speed Under the New Poultry Inspection System Agency/Subagency: 0583-USDA/FSIS Stage of Rulemaking: Proposed Rule Stage subject to any redactions otherwise appropriate under FOIA.). Only on the fourth time, thanks to procedural options in Pennsylvania law, did the court accept that criminal cruelty charges should be filed against Martin Farms, Lowrey said. Thanks in part to the NC State researchers work, the use of ventilation shutdown at U.S. factory farms is increasing in several states. News. Will Lowrey is the founder and Legal Counsel for Animal Partisan, a newly forming legal advocacy organization focused on challenging unlawful conduct in animal agriculture and research. About Us - Animal Outlook 22-IB18 05/09/2022 FOIA Opinion Letter to Will Lowrey re: FOIA Amanda Hitthas been a champion and visionary for protecting and empowering food system whistleblowers for over a decade. Our mission is to change the world for animals. The DDA Chief of Community Relations attests that she reviewed the DDAs files for responsive records and found two types of documents containing the requested information: 1) the USDA Appraisal and Indemnity Request Forms; and 2) the Incident Action Plans. https://lnkd.in/eK5chEFp, This was one of my absolute favorite law school experiences and I encourage any current law students interested in animal law to consider competing: https://lnkd.in/g3hz3s29, Animal Outlook is still accepting applications for our Fall 2022 Legal Advocacy internship. Will Lowrey's Instagram, Twitter & Facebook on IDCrawl Delaware Topics Animal Outlook explains: Animal Outlook recently obtained public records from experiments conducted by North Carolina State University (NCSU) researchers in 2016. Will Lowrey, Author at Animal Outlook LkVi^*C-u]I!O[`. But the NC State report is the only scientific research cited in the AVMA guidelines on ventilation shutdown in birds, though other studies have since been published on the method in birds and pigs. Soon after, Iowa Select announced that it was discontinuing its use of the method, commonly abbreviated as VSD+. Prior to joining Animal Outlook, Will clerked in the Superior Court of New Jersey and interned with the Virginia Attorney Generals Animal Law Unit and the Animal Legal Defense Fund. These animals include rats, mice, and birds bred for research, as well as agricultural animals used for agricultural research, said Jeremy Beckham, research advocacy coordinator for the Physicians Committee for Responsible Medicine. State Employees About Animal Outlook National, non-profit farmed animal advocacy organization Founded in 1995 Mission: "Working today to build a better tomorrow for all animals. Will Lowrey is Legal Counsel for Animal Outlook and divides his time between undercover investigations and civil litigation. C. 10002(o)(6) exempting records statutorily precluded from disclosure, including but not limited to, records under the federal Privacy Act, and 29 Del. The experiments were funded by the U.S. Poultry and Egg Association, a major industry trade group, and took place in the wake of the 2015 outbreak of an aggressive bird flu that resulted in the culling of about 50 million farmed birds not all of them necessarily infected across the United States. We have an appellate court opinion which is unpublished as yet, but were going to move the court to publish that opinion and set a binding precedent across all of Pennsylvania, he said. The Animal Welfare Act, in the very definition of animals, excludes a number of types of animals used in laboratory experiments. This premier online publication offers in-depth and up-to-date coverage on Canadas most important animal law and policy issues. Also, if you like what you hear, please rate it on iTunes, and dont forget to leave us a friendly comment! State Regulations [8] Judicial Watch, Inc. v. Univ. Elected Officials The criminal charges against Martin Farms, a Pennsylvania dairy farm, are based on a 2018 investigation by Animal Outlook, a U.S. NGO. Approximately 20 percent of your donation goes directly to Animal Outlooks legal advocacy. On behalf of Animal Outlook, Will is engaged in numerous lawsuits against the government and industrial agriculture, including cases involving administrative challenges, false advertising, and animal cruelty. According to a separate study published the following year by some of the same researchers, time to death is significantly longer for hens in a large, multilevel cage setting, which more closely resembles factory farm conditions than individual cages: 3.75 hours for VSD alone,2 hours for VSD plus heat, and 1.5 hours for VSD plus carbon dioxide. Hitts clients have included USDA food safety inspectors in ultra-high-speed slaughterhouses, contract poultry farmers faced with exploitative contracts and company retaliation, and animal researchers privy to taxpayer-funded waste and cruelty. https://lnkd.in/gMBPwdeF, I have a slot left for a Spring 2023 legal intern. If youre inclined to follow any of our current or future legal work, you can find more at: A promising start (from your first projects to your core values) for an org that I am confident will continue to do good things! Standing united, we are changing the world for animals. Fax: 847-925-1329. In Iowa, the nations top egg-producing state, 5.3 million hens at a Rembrandt Enterprises egg factory farm were exterminated with VSD+ last month, the Storm Lake Times reported. The DDA alleges that the Appraisal and Indemnity Request Form and Incident Plan both are part of the investigatory file determining whether indemnification is appropriate. In their 2015 funding proposal asking the U.S. Poultry and Egg Association for $110,075 to support the experiments the NC Stateresearchers wrote, The objective is to examine the humane aspects and effectiveness of ventilation shut down (VSD) for depopulating laying hens in cage systems, but humane is not defined in the proposal. Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so its tax-deductible. Attorney Representing Whistleblowers at Tycko & Zavareei LLP. AVMA guidelines themselves arent legally binding, but they often become the basis for policy. News. Brutal University Researchers Torture Hens in Ventilation Shutdown Bowes noted the evidence Animal Outlook presented was sufficient to make out prima facie cases of animal neglect, cruelty, and aggravated cruelty. Bowes further noted the evidence sufficiently establish[ed] the inapplicability of the normal agricultural operations defense, a defense commonly provided for in state animal cruelty laws. HVN1}_ivE]!@KQv%P$! The Intercept is an independent nonprofit news outlet. But numerous hens caught on film were still alive and left behind inside the battery cage facility, and one was still alive and standing outside after being dumped. On this week's podcast I will be talking to Will Lowrey of Animal Outlook about a case that really has everyone in the animal law community talking. Will Lowrey - Animal Outlook Teleconference Piper Hoffman - Animal Outlook . Animal Law Podcast #82: Maybe Cruelty Laws CAN Protect Farmed Animals! Executive Director at Animal Justice Canada. Dont forget to also listen to the award-winning, weekly signature OHH podcast now in its twelfth glorious year! According to Will Lowrey, the Animal Outlook attorney who . Ashely Monti is a third-year J.D. Called Ventilation Shutdown-Plus, this method involves sealing up the Why We Should Avoid Eating Turkey For Thanksgiving, Celebrating International Womens Day, Animal Rights Style, Thinking About the Meaning of Motherhood For All This Mothers Day. Bowes observed the lower court improperly hand-picked few of the alleged instances of abuse in reviewing the evidence. Legal Advocacy Our proactive legal team is strategically challenging the status quo of animal agribusiness, from animal cruelty to misleading marketing and unfair business practices. VSD with the addition of either or both of these is referred to as VSD+.. Other common methods of killing poultry birds carbon dioxide poisoning and suffocation with firefighting foam are not as effective on birds used in egg production as on those in meat production, the proposal says. The DDA states that it invoked the Privacy Act in response to this request, because the U.S. Department of Agriculture (USDA) jointly prepared these records and advised the DDA that it typically asserts the Privacy Act in response to similar requests. Dorey L. Cole, Deputy Attorney General. For any law students interested in animal law internships or pro bono work, email me at info@animalpartisan.org. Undercover Investigations Our brave investigators are shining a bright light on the hidden horrors forced upon billions of farmed animals. . Tune in to the Jane Unchained News Facebook page Monday, August 9 at 10am PT. 1x$Ah5sS]**T"$IQDrCeHPe]ai$b.=WuiY6oz~zaq>"|[VE:{vWNcQZbE0;t\WYh`w^wbN|^ ~*iY`2AIob'"GIS. !06iW5we5Ve\6!oB=+\O/e/-r|-|P}dav Overall, Will excelled during his time at VLS and continues to excel in his work to protect farmed animals. Well, they said a lot more than that and much of it implicates one of the most nefarious legal tricks of the trade that the industry has used to avoid consequences for their illegal treatment of animals, the customary or normal farming practices exemption. =2r0)e,q[ :MtL%Ko.0mKn67d4~+9LSLBGqI1UvB \^C9c^_. X/aeELD:Zeb%c?#ti7m|ZG-*AxecP+2(FB858ZIVKYC5zBe)^y:}9*;4+HBA2gGM*5k|;ROb6#L8EC72)S1).BlH bafq1ldb In some news reports on the current avian flu, sources have said that exterminating birds is more humane than letting them die of the disease. of theGovernment Accountability Project. Ag-Gag Laws: What Are They and Which States Still Have Them? Official eBay for Charity listing . MMXXIII Delaware.gov, Common Interest Community (HOA) Ombudsperson, Office of Immigration Assistance (Oficina de Asistencia de Inmigracin), Any records related to the method, procedures, and protocol for the depopulation, Any records related to the approval of the methods, procedures, and protocol for the depopulation, Any photographs or videos related to the depopulation, whether taken before or after the actual event[. Will Lowrey - Animal Law Conference Website: https://lnkd.in/eVSmk5dG An employee in Martins office suggested contacting the university about the study, adding that in North Carolina we are using the foaming method to depopulate infected flocks for High Path Avian Influenza. Livingston was unreachable, and neither Anderson nor Berry responded to The Intercepts requests for comment, nor did NC States Institutional Animal Care and Use Committee, which approved the research. . ?DqeW E-mail / Text Alerts HWN0}^K, of the law doesn't explicitly state that a president can't grant self-clemency from, VLS Alum Paves Way for Farmed Animal Protection and Future Animal Lawyers, International and Comparative Law Concentration, Tuholske Institute for Environmental Field Studies, International and Comparative Law Program, U.S.-Asia Partnerships for Environmental Law, Courses for Credit for Non-Degree Students, Could Trump pardon himself before leaving office? C. 3300-4.1 states that veterinarians must protect the personal privacy of patients and clients by not willfully revealing communications regarding the diagnosis and treatment of an animal. The DDA then invokes a new rationale the investigatory files exemption which exempts investigatory files compiled for civil or criminal law-enforcement purposes.[3] The DDA claims that the investigatory files exemption applies to these records; both USDA staff and the State Veterinarian and Deputy State Veterinarian assist with investigating and minimizing the spread of the avian influenza. LinkedIn: https://lnkd.in/ePBGHH3u William Craig Lowrey Animal Outlook Po Box 9773, Washington, DC https://lnkd.in/gan7weVb, Really great opportunity for any soon-to-be or recent graduates interested in getting into animal law: https://lnkd.in/dmcn9RCu, The Brooks Institute for Animal Rights Law and Policy. Tax Center Will Lowrey. Phone: 800-248-2862 chickens, turkeys and ducks. How many covert wars, miscarriages of justice, and dystopian technologies would remain hidden if our reporters werent on the beat? Looking forward to more in 2023. Experience results with superior research, data-driven insights, and practical guidance, all via one premium legal solution . Mobile Apps Alexander S. Mackler Atty Gen. 21-IB15, 2021 WL 3160273, at *6 (July 2, 2021) (We believe that the courts in Delaware would not define a public record under FOIA to include a working draft which the author is still revising prior to presentation to a public body, and . Theres still plenty of start-up work left to do, but this past week, we launched three legal actions challenging a wide range of animal abuse in three separate states, including a public records lawsuit over animal research, a criminal complaint over cruelty to a lamb, and an administrative complaint over federal slaughter laws as applied to pigs. Get Involved Animal Law Podcast #62: The Case of Vegan Butter. Privacy policy. Co-hosted by the Animal Legal Defense Fund and the Center for Animal Law Studies at Lewis and Clark Law School this years conference marks the thirtieth anniversary of this premier animal law event. . This story is part of a new original series, Closer Look. USDA records show that only one HPAI outbreak has been reported in Stoddard County, Missouri, so far this year. With millions of hens hastily exterminated at the facility, even a small proportion of them unsuccessfully killed could result in thousands dumped alive. Approximately 18 percent of your donation goes directly to campaigns for change. w}tC:?x1{&Cj}b\<8.Qck@XuC6O]3-yvv[=|*b=YP{J5g;yaZ#tu$i I ;K+=-*?Jk[oLYmyEfkZUZJ[}UsOe1vU1mWMNqkbF",6^~5q+"+7EtF8beurE P>dC%Pehp" g+ Rosenberg said its easy to mistake live animals who have been unsuccessfully killed in depopulation for dead. This is at odds with the AVMAs standards, which state that VSD+ is permitted in constrained circumstances only when applied in a manner that will produce a 100% mortality rate., Whatever the kill method used, factory farm conditions make it exceedingly difficult to carry out depopulations with full mortality, Rosenberg said. This episode of The Animal Law Podcast is brought to you in part by The Animal Law Conference. @5Hsq!c wqtCBLZ@rrtqx,k-$X#Y9\Gdx43)r i9@m_JUMC;&4pbJXk3nm The names of the researchers were redacted from public records obtained by Animal Outlook. We dont spam or share your email with others. the opportunity to formally oppose 16 Jun June 16, 2022. will lowrey animal outlook. The American Veterinary Medical Association (AVMA) is holding their annual dG"%2}L3\k.O9}l'7O+xz[\\K!w|[24`,ZCO/mzopiT`cl'pVQ`T@!>+u{%NC!`3!BBp&]3%eP0!M_9VgF0z:I}ANbDvV>B P%^ %AorW AX However, the DDA does not explain how the purpose of this investigation entails civil or criminal law-enforcement. Accordingly, we find that the DDA failed to meet its burden of demonstrating that the investigatory files exemption applies here. The global Animal Genetics market size was valued at USD 5823.47 million in 2022 and is expected to expand at a CAGR of 7.09 Percent during the forecast period, reaching USD 8783.28 million by . Feel free to forward to any 2L or 3L law students looking. This month, the appellate court reversed the lower courts decision and ordered the lower court to direct the District Attorney to prosecute Martin Farms. Although the charges against Martin Farms have not been filed yet, Lowrey told Sentient Media he expects the order that should tell Franklin County DA to prosecute will come this month. A hen, hooked up to electrodes, stands alone in a glass cage. What We Do Hitt is the founder and director of theFood Integrity Campaignof theGovernment Accountability Project. But the decision to resort to cruel cull methods like VSD+ is a crisis of the meat industrys making. The Animal Law Podcast is proud to partner with The Brooks Institute for Animal Rights Law and Policy, Inc., a US-based national independent think tank pursuing a paradigm shift in human responsibility towards, and value of, non-human animals by advancing animal law, animal policy, and related interdisciplinary studies. Wallace Berry of Auburn University is listed as a collaborator. LinkedIn and 3rd parties use essential and non-essential cookies to provide, secure, analyze and improve our Services, and to show you relevant ads (including professional and job ads) on and off LinkedIn. Facebook: https://lnkd.in/eGEuXdHd Sebastiano divides his time between Asia, Europe and the US. 142 0 obj <>stream adding intolerable levels of heat and carbon dioxide poisoning, resulting 1.1K. At graduation, he received the Learned Hand Award for ranking first in his class. from the University of Chicago in Environmental Studies. General Assembly Foaming is cruel but not as bad as VSD+, Reyes-Illg said. Ventilation shutdown plus was also used in February at two chicken and turkey facilities in Kentucky, according to records from the U.S. Department of Agricultures Animal and Plant Health Inspection Service, or APHIS, which oversees management of farm animal disease outbreaks. Animal Outlook is committed to respecting the privacy of its donors, whether the donation is made online, by mail, or any other method. Of course, we would be thrilled if you would consider making a donation, or becoming amember of our flock(especially if youre a regular listener). will lowrey animal outlook. a merciless method of exterminating millions of helpless birds on factory Amid Bird Flu Outbreak, Meat Producers Seek "Ventilation Shutdown" to Previous experience includes stints with Dow Jones and Agence France Presse (AFP). Todd A. R. Mays, Wyomissing, for appellant. Direct Action Everywhere (DxE) photo Delaware State Code from UCLA School of Law and a B.A. Determined to seek justice, Animal Outlook appealed. A freelance journalist she writes regularly for The Guardian, The Irish Times and other publications. ICYMI: Our attorney Will Lowrey just spent an hour with Jane Unchained News and they covered a lot of ground including a slew of recent legal . Animal Outlook's groundbreaking work has been featured in: Amanda Hitthas been a champion and visionary for protecting and empowering food system whistleblowers for over a decade. Delaware Courts This book is a tribute to thousands of dogs kept on chains and exploited to fight and is inspired by some dogs I once knew. Animal Outlooks attempts to prosecute a similar cruelty case at the Californian Dick Van Dam dairy remains stalled after the local sheriffs department declined to recommend criminal charges. Agriculture subsidies aimed at protecting industry profits at the expense Sophie Kevany has a Masters in Journalism from Dublin City University and an undergraduate degree in History of Art and Classical Civilisation from Trinity College Dublin. Who would hold party elites accountable to the values they proclaim to have? hbbd```b``:"+ ,= D2`2,LNI7< H2Mh$&@"@qs ] VSD+ CO2 is theoretical and not yet practical.. The sheriffs decision in California, the no [to prosecution], was a far more significant impediment, said Lowrey. [9] The DDA contends that any veterinarian communications regarding the diagnosis or treatment of an animal in these records was properly withheld under the statutory privilege for veterinary advice. death. The agricultural exemption, he added, is specifically [because] there are things done commonly to animals in an agricultural context that would be violations of the law if they were done to other research animals.. Congratulations! 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. Contact us atinfo@animaloutlook.org. Student Consumer Information and ABA Required Disclosures. Most of the opinions during that period relate to disputes concerning access to public records under, and/or alleged violations of the open meetings provisions of, Delawares Freedom of Information Act (FOIA). Congratulations, Will! This response is recommended to include . What We Do PRINT VERSION: Attorney General Opinion No. HVmk0nGt_B}ci5i$N4NsyK#)YL8lG}4NnHdik)JQaSGurSeGdQ `Zd8 R\tALVOLzv@>g`DwvApg g'LU'nL?BEH!+Bv2= K9-1e[TVdU\q4ra$%^:miSZc=xitL(3RZV5925yJi&9v|z_nlC Since February, 40 million birds have died this horrible If you keep a house full of infected birds, and the pathogens spread through the ventilation air, soon you have many more farms infected. I think they were probably crying out., In the global scientific community, she said, its generally accepted that, if one could assume that a procedure would cause pain or distress to a human, you can also assume it would do the same for an animal., Birds used in agricultural research get no protection under federal welfare laws. [2] You contend that the Privacy Act does not cover the requested records because this Act only covers federal, not state, agencies and the type of records you seek are not covered by the definition of record under the Privacy Act. Animal Outlook - Join Animal Outlook's Legal Counsel Will | Facebook Co-hosted by the Animal Legal Defense Fund and the Center for Animal Law Studies at Lewis and Clark Law School this years conference marks the thirtieth anniversary of this premier animal law event. As anAlbert Schweitzer Fellow, he helped provide resources for guardians of dogs and cats living in substandard conditions in our community. We believe the AVMA has a moral obligation toward these trapped and After a year and a half of chipping away at this book, its finally done. Before law school, Will worked a lengthy corporate career and, in his free time, helped run several non-profits focused on a variety of animal issues. So rapid depopulation is vital, Shah wrote in an email to The Intercept. Research footage obtained by Animal Outlook reveals how the practice was tested in 2016. Candidate, working towards an impactful career in the public interest & environmental law space. He was co-chair of the VLS Animal Law Society, helping it earn international recognition as the Animal Legal Defense Fund's Best Student Chapter. The funding proposal said the researchers planned to measure corticosterone, a more accepted measure of stress, but the final report makes no mention of it. "For years, Bravo Packing has profited off the bodies of horses and cows butchered in filthy, squalid conditions and then sold to the unsuspecting public. State animal health officials and producers carefully weigh the different options to determine the best option for humane depopulation and do not make such decisions lightly, USDA spokesperson Mike Stepien told The Intercept in an email. hmo6 Working to end animal abuse since 1995, Animal Outlook exposes cruelty to farmed animals and promotes vegan eating. Please see the link below for more details. K'&u1\%\`gTJ(5+Y j of Del., 267 A.3d 996 (Del. USDA records indicate that VSD was used to kill birds at four facilities in Indiana in 2016, before the NC State research was published. In re Outlook, 374 MDA 2021 - Pennsylvania - Case Law - VLEX 907944145 endstream endobj 101 0 obj <>stream Will wore many hats as a law student. In an email to Lowrey, USDA spokesperson Lyndsay Cole confirmed these chickens were killed with a combination of foam (a method that suffocates birds under a blanket of foam) and VSD. . The DDA acknowledges that a responsive Appraisal and Indemnity Request Form exists but as it is unsigned by the USDA, the DDA contends that this form qualifies as a draft that is not producible under FOIA. Born in Milan, Italy, Sebastiano Cossia Castiglioni is an award-winning entrepreneur, activist, investor, and advisor to businesses and governments around the world. But the 2017 final report lists the lead investigator as Kenneth Anderson, a professor in NC States Prestage Department of Poultry Science.
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