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 Op. 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. Chickens infected with respiratory diseases such as avian influenza also suffer shortness of breath and other painful symptoms and the suffering continues to happen for several days until death occurs. PRINT VERSION: Attorney General Opinion No. . Any amount is hugely appreciated and Our Hen House is a 501(c)(3) nonprofit organization, so its tax-deductible. Animal Outlook Investigation Prompts FDA Investigation, Recall [2] The Petition does not challenge the DDAs response to the third item of the request. Sentient Media Podcast: The Power of Blindness With Kathy Stevens, Two Recent Court Cases Shift the Future of the Animal Rights Movement. [6] See 29 Del. 2021). The dying birds likely suffer enormously as they struggle to breathe, develop diarrhea, and become paralyzed or otherwise neurologically compromised, Gwendolen Reyes-Illg, a veterinary adviser to the Animal Welfare Institute, told The Intercept in an email. If you keep a house full of infected birds, and the pathogens spread through the ventilation air, soon you have many more farms infected. 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. In undercover video footage of the depopulation at Rembrandt Enterprises (as identified by activists and confirmed by The Intercept with images from Google Maps and Rembrandts website) last month, Direct Action Everywhere documented dead hens being moved by conveyor belts into dump trucks. Visit the link below for more information. Social Media, Built by the Government Information Center 1.1K. Independent Writing and Editing Professional and born realistic Artist, and a clairvoyant of animals, and Learn more, Home OPINION BY BOWES, J.: Animal Outlook ("AO") appeals from the order that dismissed its petition for review of the disapproval of the Franklin County District Attorney's Office ("DA") of multiple private criminal complaints. Animal Outlook conducted an undercover investigationat Martin Farms, a Pennsylvania dairy facility. This episode of The Animal Law Podcast is brought to you in part by The Animal Law Conference. particularly inhumane method of killing carries industry weight. Facebook: https://lnkd.in/eGEuXdHd Todd A. R. Mays, Wyomissing, for appellant. Donate 2023 - Our Hen House - All Rights Reserved. "The sheriff's decision in California, the 'no' [to prosecution], was a far more significant impediment," said Lowrey. Will and Cheryl discuss our organization's efforts to battle the inhumane treatment of factory farmed animals, recent ag gag legislation and our recent shocking expose on Ventilation Shutdown Plus. The DDA asserts 29 Del. 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. Veterinarians Oath to prevent and relieve animal suffering and After taking the bar exam this summer, she will clerk for the Maine Supreme Judicial Court. The sheriffs decision in California, the no [to prosecution], was a far more significant impediment, said Lowrey. Hitt is the founder and director of theFood Integrity Campaignof theGovernment Accountability Project. hmo6 Pet food maker Bravo . 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. Will Lowrey, Author at Animal Outlook P[ k -#L+>{Vp)!E)90 Executive Director at Animal Justice Canada. 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. In public records first released to Lowrey, requests to use the method have also appeared in Wisconsin and Missouri. Since February, 40 million birds have died this horrible Animal Outlooks deputy director of investigations, Erin Wing, spent three months at the farm, secretly videoing what appears to be a range of animal cruelty violations including workers burning calves horns off without any apparent pain relief. But the 2017 final report lists the lead investigator as Kenneth Anderson, a professor in NC States Prestage Department of Poultry Science. 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. ir(#x~^ Your commitment to animals is truly inspiring! Historical Introduction to Chemistry Lowry 1915 | eBay What is your main concern about intensive agriculture? Public Meetings Delaware's Governor 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 Previous experience includes stints with Dow Jones and Agence France Presse (AFP). In 2020, Iowa Select Farms, the states largest pork producer, killed healthy pigs, who could not be slaughtered for food due to Covid-induced slaughterhouse closures, by sealing off the airways and pumping in heat: a practice called ventilation shutdown plus. In a groundbreaking undercover investigation covered by The Intercept, the animal rights group Direct Action Everywhere revealed pigs screaming in distress for hours as they, essentially, roasted to death. Who would hold party elites accountable to the values they proclaim to have? Dear Mr. Lowrey: We write in response to your correspondence submitted on behalf of your client, Animal Outlook, alleging that the Delaware Department of Agriculture ("DDA") violated Delaware's Freedom of Information Act, 29 Del. To search, please click the magnifying glass icon in the top right corner and enter your search terms to the left. State Regulations Looking for Will Lowrey online? Born in Milan, Italy, Sebastiano Cossia Castiglioni is an award-winning entrepreneur, activist, investor, and advisor to businesses and governments around the world. Ventilation Shutdown experiment by researchers at North Carolina State You can update your choices at any time in your settings. alaska regional hospital ceo; where is nancy van camp now; will lowrey animal outlook In August, I left Animal Outlook after three years as Legal Counsel and decided it was time to pursue my own path. With millions of hens hastily exterminated at the facility, even a small proportion of them unsuccessfully killed could result in thousands dumped alive. The videos obtained from NC State are remarkable because the meat industry often claims that undercover footage of cruel conditions taken by activists is doctored or staged. We write in response to your correspondence submitted on behalf of your client, Animal Outlook, alleging that the Delaware Department of Agriculture (DDA) violated Delawares Freedom of Information Act, 29 Del. C. 10002(o)(17) exempting records implicating certain security concerns. Based on the large number of birds who are alive, healthy, and alert in the footage, it is a certainty that many more who appeared dead were buried alive, she wrote in a professional opinion after reviewing Direct Action Everywheres videos. Previously, Will worked as Legal Counsel for Animal Outlook, a national nonprofit farmed animal protection organization, where he divided his time between . of theGovernment Accountability Project. Will Lowrey June 29, 2021 Animals, Investigations, Legal Advocacy 9 Comments, July 28, 2021 update: On July 28, 2021, Animal Outlook and our coalition partners achieved another courtroom victory for farmed animals. 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. Contact us atinfo@animaloutlook.org. Listed as co-investigators were professors Kimberly Livingston, Sanjay Shah, and Mike Martin, who is now North Carolinas state veterinarian. Our mission: Were strategically challenging animal agribusiness through undercover investigations, legal advocacy, corporate and food system reform, and disseminating information about the many harms of animal agriculture, empowering everyone to choose vegan. What We Do endstream endobj 101 0 obj <>stream The DDA further contends that veterinary advice is privileged under Delaware law; 24 Del. An Intimate Journey Through the Lives of Farmed Animals from Birth to WASHINGTON, Dec. 8, 2021 /PRNewswire/ -- Today Animal Outlook, a not-for-profit animal advocacy organization, unveiled a new video that takes viewers on an intimate journey . 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. Alexander S. Mackler If the virus is detected in even one bird, all the birds in the flock must be killed, even if they live in separate sheds. This response is recommended to include . Our own Will Lowrey and Cheryl Leahy recently sat down for a wide ranging interview with Biodiversity Magazine. General Assembly https://lnkd.in/em5eDiE3, We are proud to collaborate withThe Brooks Institute for Animal Rights Law and Policy for the relaunch of its National Animal Law Competitions, returning March 18-19, 2023, atHarvard Law School. Animal Law - Listen to All Episodes | TuneIn Podcasts The American Veterinary Medical Associationsdepopulation guidelines citeNC Statesresearch when listing VSD+ as a kill method permitted in constrained circumstances. The guidelines note that a humane approach to the depopulation of animals is warranted, justifiable, and expected by society, but may not be actualized in some cases. They dont claim that VSD+ is humane but instead view it as a last resort. Will wore many hats as a law student. Looking ahead, Lowrey is hopeful the Pennsylvania decision to prosecute Martin Farms will have wider consequences. any responsive records, . Standing united, we are changing the world for animals. the opportunity to formally oppose These scenes, which took place at North Carolina State University, were documented in 10 hours of video footage recently obtained via public records requests by the organization Animal Outlook and shared with The Intercept. . 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). (Asked to confirm this report, Chloe Carson, communications director for Iowas agriculture department, told The Intercept that she could not disclose the method and denied specifying it to the newspaper, though the story says she confirmed it was the method used. Attorney Representing Whistleblowers at Tycko & Zavareei LLP. E-mail / Text Alerts The DDA Chief of Community Relations attested that the USDA has not yet signed this document. Her work includes challenging cruel, yet standard, practices forced upon farmed animals as well as the misleading marketing of meat, milk, and eggs often found in grocery stores. The hens took more than 91 minutes to die from ventilation shutdown alone, 54 minutes to die from VSD with supplemental heat, and 11.5 minutes to die from VSD with carbon dioxide, according to a 2017 final report based on the research that was submitted to the U.S. Poultry and Egg Association. 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. Thank you for helping us create quality content! As such, we recommend that the DDA review its records and supplement its response to your request in accordance with this Opinion with the responsive records, subject to any redactions otherwise appropriate under FOIA, within the timeframes provided for a response in Section 10003(h).[15]. ie|"&l) k [2duKHQ'v!&(5asCmpDN`Pj(9Q ZJ Delaware State Code Instagram: https://lnkd.in/eK8ZFZ-v Thanks in part to the NC State researchers work, the use of ventilation shutdown at U.S. factory farms is increasing in several states. /s/ Alexander S. Mackler Free shipping for many products! In its Response, the DDA withdraws its assertion of the security records exemption, as the basis for its concerns are mooted by completion of the depopulation process, but the DDA argues that the requested records are not subject to disclosure under other exemptions. Animal Outlook is committed to respecting the privacy of its donors, whether the donation is made online, by mail, or any other method. Many of these animals were killed with ventilation shutdown plus. Will is currently Legal Counsel for Animal Outlook, a nonprofit organization dedicated to challenging the status quo of animal agribusiness through undercover investigations, legal advocacy, corporate and food system reform, and empowering everyone to choose vegan. Animal Outlooks work strives to increase transparency by exposing the truth behind animal agriculture. But the decision to resort to cruel cull methods like VSD+ is a crisis of the meat industrys making. While the depopulation methods we investigated are not painless, neither are poultry diseases such as avian influenza that has recently infected many farms in NC. The Brooks Institute for Animal Rights Law and Policy is excited to share a new FREE resource: The Brooks Animal Law Digest CANADA EDITION! Also, if you like what you hear, please rate it on iTunes, and dont forget to leave us a friendly comment! So rapid depopulation is vital, Shah wrote in an email to The Intercept. Finally, the DDA contends that the Appraisal and Indemnity Request Form that is responsive to this request is a draft document, subject to the working draft exception, until signed by the USDA. of Del., 267 A.3d 996 (Del. [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. Killing methods that are more humane than killing via heatstroke require planning and preparation, and some require more research to be commercially viable, and none of this seems to be a priority for the industry.. FOIA mandates that a public body provide citizens with reasonable access to public records for inspection and copying, but certain records and information are excluded from the definition of public record.[6] When a public body denies access to records, the public body has the burden of proof to justify its denial. from the University of Chicago in Environmental Studies. Lexis+. will lowrey animal outlook. h&dX/u ZL F!2&P1L8= 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 . Legal Counsel at Animal Outlook Will Lowrey. [15] See id. Will also supports Animal Outlooks investigations work. Will Lowrey argued the appeal before the appellate court. However unpleasant, it should be a primary goal that depopulation (euthanasia) methods strive to meet these standards within the context of the extreme need scale in which VSD would be used.. protect. U.S. taxpayers pay for these killings through U.S. Department of The kind of reporting we do is essential to democracy, but it is not easy, cheap, or profitable. 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. Last week, we had the privilege to talk to students and attendees at two law schools about the growing field of animal law and the importance of our legal system in challenging the exploitation of animals. Privacy policy. Franchise Tax Thanks to the tireless dedication of law students like Bailey Soderberg and Matthew Watts at schools around the country, the field of animal law continues to grow. Overall, Will excelled during his time at VLS and continues to excel in his work to protect farmed animals. You can visit Attorney General Opinions issued from 1995 to present. The Cruelest Part of Dairy Farming Is Totally Legal, Dairy Industry Takes a Page From Big Tobaccos Book and Targets Kids With Flavored Milk, Dairy Farmers Find Themselves at the Center of a Troubled Industry. Select Accept to consent or Reject to decline non-essential cookies for this use. endstream endobj 106 0 obj <>stream Cities & Towns USDA records indicate that VSD was used to kill birds at four facilities in Indiana in 2016, before the NC State research was published. 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. Will Lowrey - Greater Richmond Region | Professional Profile - LinkedIn At graduation, he received the Learned Hand Award for ranking first in his class. 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. 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+ subject to any redactions otherwise appropriate under FOIA.). It's becoming an industry standard. Amy also serves on the board of the Animal Welfare Trust and is a member of the HSUSs New York State Council. endstream endobj 105 0 obj <>stream We believe the AVMA has a moral obligation toward these trapped and In re Outlook, 374 MDA 2021 - Pennsylvania - Case Law - VLEX 907944145 . %%EOF 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. In response, Animal Outlook petitioned a court to review the District Attorneys decision. According to Will Lowrey, the Animal Outlook attorney who . The most important part of that opinion, he added, is its recognition that agricultural animals are protected from cruelty by law, that even common practices used in agriculture can be criminal and, that there are consequences for those who break those laws. Animal Protection Attorney, Legal/Legislative Strategist, Organizational Consultant. After a three-year legal battle, a Pennsylvania dairy is set to face criminal animal cruelty charges, financial penalties, and possible jail time for the farms owners. Veterinarians and animal advocates have begged the AVMA to stop condoning Lisa is a public interest attorney who works to advocate for vulnerable and underrepresented people and animals. Animal Outlook's groundbreaking work has been featured in: Four Meaningful Legal Victories For Farmed Animals, Animal Outlook Demands Investigation of Bravo Packing, USDA Withdraws Reckless High-Speed Chicken Slaughter Rule. On March 1, 2022, you sent a request to the DDA for records related to the depopulation of animals subsequent to the February 2022 identification of avian influenza in a commercial chicken flock in New Castle County, Delaware, specifically seeking: The DDA denied your request in its entirety, asserting that no responsive records exist for the third item and the remaining records are not public pursuant to 29 Del. Research footage obtained by Animal Outlook reveals how the practice was tested in 2016. 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 The tragedy here is that our current methods of raising birds for food production, in enormous sheds with millions of stressed, nearly genetically identical birds in close proximity to one another, has resulted in a situation where outbreaks of diseases like HPAI are nearly inevitable and few options exist for humanely killing infected birds, Reyes-Illg, the Animal Welfare Institute veterinary adviser, wrote to The Intercept. Privacy Policy AVMA guidelines themselves arent legally binding, but they often become the basis for policy. Im perpetually thankful for a bunch of people who gave their time, input, advice, and encouragement in support of the idea that this world shouldnt be such an awful place for animals. endstream endobj startxref Will generously makes himself available to advise VLS animal law students, and to support VLSs new Animal Law and Policy Institute. PDF State House - Rhode Island General Assembly The competitions offer opportunities for students to develop knowledge in the field of animal law and to hone their written and oral advocacy skills through the practice of appellate advocacy, legislative drafting and lobbying, and closing arguments. Finally, you state that when you submitted this identical request to other jurisdictions, states with similar provisions have provided responsive records. 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. [12] 24 Del. We're strategically challenging the status quo of animal agribusiness through undercover investigations, legal advocacy, corporate and food Working to end animal abuse since 1995, Animal Outlook exposes cruelty to farmed animals and promotes vegan eating. Animal Outlook is a national nonprofit 501(c)(3) animal advocacy organization based in Washington, DC. William Craig Lowrey Animal Outlook Po Box 9773, Washington, DC I wish there were less painful options.. In their 2015 funding proposal asking the U.S. Poultry and Egg Association for $110,075 to support the experiments the NC Stateresearchers wrote, The objective is to examine the humane aspects and effectiveness of ventilation shut down (VSD) for depopulating laying hens in cage systems, but humane is not defined in the proposal. Tax Center I think they were probably crying out., In the global scientific community, she said, its generally accepted that, if one could assume that a procedure would cause pain or distress to a human, you can also assume it would do the same for an animal., Birds used in agricultural research get no protection under federal welfare laws. Agriculture subsidies aimed at protecting industry profits at the expense [8] Judicial Watch, Inc. v. Univ. These researchers sought and received funding from the U.S. Poultry and Egg Association, an industry trade group, to study the effects of ventilation shutdown (VSD) on chickens . After Three-Year Legal Battle, Justice Is Served at Pennsylvania Mega-Dairy On behalf of Animal Outlook, Will is engaged in numerous lawsuits against the government and animal agriculture using a wide range of legal strategies including administrative challenges, false advertising, and animal cruelty laws. HVN1}_ivE]!@KQv%P$! C. 10001-10007 (FOIA) in connection with your request for records. 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. [10] Delaware law recognizes that veterinarians have a duty to maintain the confidentiality of privileged communications, stating veterinarians will be subject to discipline for willfully violat[ing] any privileged communication.[11] This concept of privileged communications is further defined in the accompanying regulation, stating [v]eterinarians must protect the personal privacy of patients and clients by not willfully revealing privileged communications regarding the diagnosis and treatment of an animal.[12] Three exceptions to the privileged communications allow for the sharing of veterinary medical information regarding the diagnosis and treatment of an animal: 1) when required by law, subpoena, or court order or when it becomes necessary to protect the health and welfare of other individuals or animals; 2) between veterinarians or facilities for the purpose of diagnosis or treatment of animals; and 3) between veterinarians and peace officers, humane society officers, or animal control officers who are acting to protect the welfare of individuals or animals. Animal Outlook explains: Animal Outlook recently obtained public records from experiments conducted by North Carolina State University (NCSU) researchers in 2016. We also rehome animals found sick or injured and take in animals at risk of neglect brought to us by the RSPCA Inspectorate. and Master of Food and Agriculture Law and Policy student at Vermont Law School. *YEr2Y.sSyIo,,7pi48WB]p'3"8R m%@NCv2yIkLK8FU4B*b2$>.2kdeSVZ5Wd#V;qf4oH5b&$t3;=10UFxyqn2 C,DX|zjN|h_}{F>h]yg>3Eo_gTic_ :EZ^oUxc!x?P` (Picture of Skittles, a resident of Porchlight Animal Sanctuary in Virginia, just for good measure). Limited Series: Teaching Jasmin How to Cook Vegan, https://media.blubrry.com/ourhenhouse/dts.podtrac.com/redirect.mp3/media.blubrry.com/animallaw/files.ourhenhouse.org/ALP82.mp3, an undercover investigation of Martin Farms, Our Hen House episode 587: Going Undercover for Animals ft. Erin Wing, The Brooks Institute for Animal Rights Law and Policy, Inc, Artists for Animal Rights w/ Weronika Kolinska. Some of that cruelty was what we often call gratuitous, i.e., not in the interests of the farm, just plain old ugliness. At NC State, the Prestage Department of Poultry Science advertises its strong industry ties and is named for the Prestage family, the owners of Prestage Farms, a poultry and pork company headquartered in North Carolina. Now, another strain of highly pathogenic avian influenza, or HPAI, is tearing through the country. The USDA financially compensates meat producers for these killings. Elected Officials C. 3316 provides that a licensed veterinarian will be subject to discipline for willfully violating any privileged communication, and the accompanying regulation, 24 Del. A promising start (from your first projects to your core values) for an org that I am confident will continue to do good things! %PDF-1.5 % earn international recognition as the Animal Legal Defense Fund's Best Student Chapter. "This recall represents the latest in a long history of issues uncovered at Bravo Packing," said Will Lowrey, Legal Counsel for Animal Outlook. Gross Receipts Tax We appreciate the FDA's swift action . Tune in to the Jane Unchained News Facebook page Monday, August 9 at 10am PT. We treat your correspondence as a Petition for a determination pursuant to 29 Del. 1931 North Meacham Road, Suite 100 Schaumburg, IL 60173-4360 As cruel as VSD is in controlled lab experiments like NC States, there is evidence that its real-world implementation on factory farms is botched, resulting in animals being thrown away alive. PDF Litigating Through the Camera's Foaming is cruel but not as bad as VSD+, Reyes-Illg said. *&o54c= :..j (N,T*86[~2oH0|>U from UCLA School of Law and a B.A. Called Ventilation Shutdown-Plus, this method involves sealing up the 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.
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