IDA Blog

Posts Tagged ‘Legal’

Hens in intensive agriculture are crammed into tiny battery cages where they are unable to walk or spread their wings.

This month’s massive egg recall is stacking up to be the largest in history with a mind-boggling half a BILLION eggs snatched back from our nation’s shelves.  Over 1,000 people across 14 states have fallen ill. What’s so crazy is that all this is the fallout from one single egg factory. That’s right, just one facility. That is how outrageously conglomerated our food system has become. A billion eggs from one hen house? Can you imagine what kind of life those chickens must have?

This is no isolated incident either. Just this week there was another recall of 380,000 pounds of deli meats with Listiria contamination, another potentially deadly bacteria which causes high fever, severe headache, nausea, neck stiffness and potential death.

The egg facility involved in the recall has a rotten history. The salmonella outbreak can be traced to Wright County Egg, in Galt, Iowa. They have been the target of government regulators for environmental violations, unsafe working conditions, and sexual harassment of workers, according to the New York Times. Wright County Egg is owned by Jack DeCoster, who also happens to own an egg facility in Maine which was the recent target of a Mercy for Animals 2009 undercover investigation.

The undercover video revealed shocking animal abuse in Mr. DeCoster’s egg factory. Birds were video taped suffering from untreated open wounds, infections, and broken bones. Hens were producing eggs for human consumption alongside their dead cage mates, standing in feces. Workers were seen breaking the necks of hens, kicking birds and throwing them live in trash bins.

Mr. DeCoster pleaded guilty to 10 counts of cruelty to animals and paid fines and restitution coming to over $130,000.  However, it appears from this historically massive egg recall and resulting salmonella epidemic that Mr. DeCoster has not cleaned up his act.  Similar appalling conditions are sure to be found at this factory.

When you keep chickens crammed 10 to a cage and a million to a warehouse, contamination is going to easily occur. These facilities are disgusting, dirty, rat-infested places you wouldn’t want to spend even a minute inside and these poor birds have to live their entire short lives in them. Hens in intensive agriculture are crammed into tiny battery cages where they are unable to walk or spread their wings. Workers have to enter the windowless warehouses with masks and goggles because the airborne fecal dust is so thick. The birds are painfully debeaked. They never set foot outside or feel the sun on their feathers. All their natural behaviors like nesting, scratching, pecking, and preening are completely denied.

So how do we keep ourselves and our family safe from contaminated eggs? The same way we help end the suffering of these tortured hens; by going vegan. We can enjoy improved health and well-being on a plant-based diet without the cholesterol and saturated fat-filled egg. In Defense of Animals has the solution not only to the safety issue, but to the cruelty issue, to the obesity issue, to the world hunger issue. It’s truly amazing how many of the world’s problems can be eliminated with a vegan diet. So recall cruelty! Recall global warming! Recall heart disease and go vegan!

IDA's Barbara Stagno at The Rally for Canada Geese in NYC

A rally for the Canada geese of New York City. It could have been a dream, with all those people lining the steps of City Hall, but it was real. A day before, I had prepared my talk, and wrote about how wildlife does not belong to government agencies. I asked the crowd – the then imaginary crowd – to join with me in demanding changes for how our government deals with wildlife.

When I wrote those words I had no idea that one day later, more than 150 people would join the IDA rally for the Canada geese. I couldn’t have imagined the passionate and enthusiastic voices of Councilmember Letitia James and State Senator Eric Adams, who spoke about growing up with the geese in Prospect Park…. playing with them, learning about them. Or, as Senator Adams so eloquently said, learning that, in essence, they are really not that much different from us.

When I saw that spirited crowd, I knew that it was true. That people cared deeply and had come to speak up about putting a stop to the government killing of wildlife. To demand change.

Those words I spoke on Thursday August 12, 2010, could be addressed to any mayor in any city. They reflect the feelings of communities all across America, who have had their precious birds taken from them and slaughtered.

Mayor Bloomberg made the ludicrous statement that it comes down to people or geese.

It’s not about people or geese.

It’s about ways to co-exist peacefully with the animals of this earth.

It’s not about making airline flights safer. Killing resident Canada Geese has absolutely nothing to do with airline safety, as these geese don’t fly that high! There are, however, real ways to make airline flying safer, ways that do not require us to kill – and ways that other cities around the world currently engage in.

We will not stand by while you kill the geese who were over bred to satisfy hunters, and who flew away from the hunted areas to come live in the cities where they are safe.

We welcome them in our parks where they can be protected.

If there are too many geese today in Prospect Park, or Central Park, or Flushing Meadow Park, it’s because of government mismanagement, and we will not stand by while you make excuses to wipe out these wonderful flocks that live in our parks.

The people here in front of City Hall today are sending a message. The government’s war on wildlife needs to end and it needs to end now. Humane solutions exist and we demand that they be used.

Let’s start right here in New York City, home of a diverse community of compassionate and tolerant citizens, who have welcomed millions of people from around the world to take refuge in our city.

Out of this heritage of kindness and tolerance, let us reverse the senseless killing of animals perpetrated by government and herald in a new era for wildlife.

Please take moment right now to send a letter to Mayor Bloomberg and the New York City Council and Save Our Geese!

Wild horses gallop in the Rocky Hills HMA, southeast of Battle Mountain, Nevada. PHOTO CREDIT : USAToday

Despite tremendous public opposition and legal actions the Department of Interior is moving forward with the ill-conceived plan to remove more than 6,000 wild horses and burros from our public lands by October 2010. The Obama Administration’s policy has proven to be both deadly and devastating for wild horses. The Calico Complex roundup, which IDA fought in federal court, has to date taken the lives of 186 horses including 30 foals who have died and 40 spontaneous abortions as reported by the Bureau of Land Management (BLM).
On July 10, 2010 the BLM began this horrific roundup of wild horses in the summer desert heat in northeast Nevada – the Tuscarora Complex roundup. (See USA Today article.) The BLM reports, given the lack of public access to observe there is no way to verify any BLM-provided information, that 22 wild horses have been killed at the trap site and three have died at the holding facilities. After a lawsuit was filed by Nevada horse advocate Laura Leigh, the BLM began to claim the first part of the Tuscarora roundup (in the Owyhee herd management area) was a “rescue” operation – claiming there was not enough water on the range and that horses were dehydrating. Just last week, IDA had a representative on the ground in Owyhee and observed water, cows and plenty of fencing in and around the Owyhee area.

If dry conditions were so severe one would expect wildlife and cows to be suffering from the same dehydration – yet this was not the case. Rather only wild horses were in need of “rescue.” As one local rancher told IDA – antelope and other wildlife can get under and over fencing, but wild horses cannot. If a need to “rescue” horses occurred – it was clearly a BLM-created problem.

Indeed, in mid-May, the BLM conducted an on-the-ground observation at Owyhee; the promotional video resulting from it, actually titled “Extreme Terrain Requires Extreme Diligence,” stated among other things that “There is little water available to sustain more than 800 horses.” (Also see transcript.) Meanwhile, the BLM warned in its own Environmental Assessment that “Given the dry conditions and the expanding wild horse numbers, along with the limited perennial water sources in the Owyhee HMA, the BLM has a very strong concern that wild horses could suffer from dehydration and possible death in the Owyhee HMA this summer” to justify the disastrous July 10 roundup.

Clearly, the BLM should have taken actions (i.e. fence removal, water delivery, etc.) to mitigate any possible problems. The Tuscarora situation is a classic case whereby the BLM refuses to conduct on-the-range management and reverts to the roundup-removal practice which has already been acknowledged by the Interior Secretary to be an unsustainable practice.  In the case of the horses at Owhyee, just like the horses at Calico, the result is needless suffering and death. Thanks to this broken system, we have more wild horses in government holding facilities (36,000) than free on the range (33,000).

In addition to the BLM-created problem in Tuscarora, the BLM proceeded with using helicopters to roundup these horses in summer-desert temperatures while foals continue to be born. This means newborns and weeks-old foals and still-pregnant mares were run up to eight miles in desert heat. IDA has called for a moratorium on summer roundups and filed an administrative appeal to stop the Tuscarora roundup. We recently received the denial on the appeal and are reviewing our legal options.

We knew fighting the deeply-entrenched BLM would not be easy. We pledge to all the wild horses and burros who have lost their lives, families and freedom that we will continue to fight until these magnificent beings are truly protected and finally given their fair share of our public lands.

Stay tuned for our next action alert – another step in this long fight to bring about the change these animals deserve and need.

As the U.S. Department of Agriculture (USDA) Wildlife Services continue to systematically round up and exterminate entire flocks of resident Canada geese all over the country, IDA is calling on every one of our supporters to get involved to stop this needless killing.  In 2010, thousands of innocent Canada geese across the country have been or will be gassed to death or sent to slaughterhouses if we do not take action to stop it. Since non-lethal population control programs for resident Canada geese have proven successful throughout the country, the USDA must change course and switch to non-lethal, humane, and progressive population control.

Every person I have spoken with, whether they be in New Jersey or New York, has been outraged, horrified or saddened by the eradication of geese in their communities.  Many are sickened that the slaughter occurred despite public protest or without considering the interests of the vast number of residents who enjoy the presence of the geese in the parks. Of course, the lack of consideration of the interests of the geese themselves is even more disturbing.

IDA has produced another video highlighting the negative impacts of the USDA’s lethal course of action against geese. Click here to watch the video.

IDA encourages you to act to protect Canada geese in your community by contacting your city manager’s office to request a copy of their goose management plan.  Also, please click here to send an e-mail to USDA Secretary Tom Vilsack, asking him to immediately end the slaughter of Canada geese.

With the help of each and every one of IDA’s supporters, we can make a positive difference for the Canada geese who call the United States home.

Across the United States, Canada Geese are being exterminated, in horribly cruel ways.  IDA is asking: why? Besides the inhumanity of the slaughter, past experience proves that the killings will not have the desired effect.

Brooklyn, New York residents learned this past Monday that 400 Canada Geese from Prospect Park were killed by gassing, and sent to a landfill. Last summer, 1,237 geese were killed and sent to landfill from 17 sites around Brooklyn.  This year, the USDA estimates they will kill the same number.  These extermination programs do not work, since more geese come to occupy the newly available territory.

The communities call in the USDA to do the dirty work because Canada Geese are migratory birds, thus supposedly protected under the Migratory Bird Act. But we’re seeing that rather than being protected by the USDA, they need to be protected FROM the USDA!

In June, Mount Laurel Township in New Jersey contracted with the USDA to round up and gas 133 Canada Geese. See our news release on this slaughter here. The act angered local residents who were adamantly opposed to lethal control measures. Not surprisingly, the government-approved and conducted slaughter also motivated some sick individuals to begin their own extermination program.  On Sunday July 11, more than 30 geese and ducks near the same neighborhoods were found mutilated and dead or barely breathing. IDA president Scotlund Haisley and actress Elaine Hendrix addressed Mount Laurel officials at the township council meeting to pledge a $5,000 reward for information leading to the arrest and conviction of those responsible for this latest slaughter.

Click here to view a short IDA video about the Mount Laurel Canada Geese slaughter.

Amid a growing number of complaints from residents nationwide outraged over city officials authorizing the USDA to cull entire flocks of Canada geese from community lakes and parks, IDA is stepping up to empower animal advocates with the knowledge they need to stop such grossly inhumane and ultimately ineffectual programs. In addition to the terrible suffering and death each of these wild geese experience, the participating cities will have to continue intervening year after year to keep their parks geese-free.  Instead of killing Canada geese, they can embark on a non-lethal program which would produce long term benefits and is humane.

Please stay tuned for more updates on this important issue. If you have a lake or pond in your community with geese or ducks, please contact your city official to examine their management plans. If you find they are exterminating the birds, contact IDA for advice.

Many of you wrote to your members of Congress in the past two weeks to request help in ensuring that the USDA is held responsible for its actions in sending Queenie to a tiny, antiquated exhibit in the San Antonio Zoo. We had long urged that she go to a sanctuary where she could get the special rehabilitative care that she needs after a lifetime of abuse in the circus industry. Instead, the USDA showed itself to be far too enmeshed with the zoo industry by acting as its acquisition arm rather than its regulator.

Several of you have shared with us responses from your senators and representatives indicating that our elected officials don’t understand that the USDA orchestrated Queenie’s transfer to the zoo rather than directing her to a facility where her needs could best be met. Likewise, the USDA appears to be successfully sidestepping the outrageous fact that Queenie’s trainer, Will Davenport, financially benefited from the agency’s deal-making, despite the fact he was found in repeated violation of federal animal welfare law.

We look at any response as a useful “foot in the door” toward getting some real help for Queenie in the form of attention from Congress. The key is to capitalize on that response.

If you have received a letter regarding Queenie from one of your senators or representatives, the next step is to follow up with a phone call to his or her office. (You can do this even if you did not receive a response!) Ask to speak with the aide who covers animal issues, and fill them in, using the following information:

• The USDA crafted a deal in which an abusive elephant trainer, who was repeatedly cited for serious violations of the federal Animal Welfare Act and faced formal charges, financially benefited , ending up $20,000 richer for it.

• Will Davenport’s violations were so egregious that the USDA seized two elephants, Tina and Jewel, in August 2009 because they were in such dire condition. Davenport also “threatened, abused and harassed” APHIS officials in the course of carrying out their duties.

• The USDA’s formal charges against Davenport resulted in $100,000 in assessed fines. But under the USDA’s settlement deal, he never paid a penny in fines and he sold his remaining elephant, Queenie, to the San Antonio Zoo for $20,000.

• The USDA claims to make decisions based on the best interest of each individual animal, yet it failed to ensure that Queenie was sent to a sanctuary where she would have received the specialized rehabilitative care she needed after decades of abuse in the circus. Instead she was sent to a zoo that lacks the space to properly care for even one elephant.

• This represents just one more example of a federal oversight agency that is far too entwined with the industry it is supposed to be regulating, and the American people are tired of it.

Queenie, imprisoned in that tiny zoo cell, is the embodiment of the USDA’s many failures to hold the welfare of its charges above the interests of the industry. Let’s use this opportunity to focus Congressional attention on her, and on the problem elephants face at the hands of the USDA. Please make your follow-up calls today!

If you need additional help in responding to your elected officials or if your senator or representative wishes to help, please contact Deb Robinson at circuses@idausa.org.

This blog was contributed by Deborah Robinson, IDA’s Captive Elephant Specialist.

On May 24, 2010, In Defense of Animals (IDA) announced that U.S. District Judge Paul L. Friedman dismissed our lawsuit to stop the Calico Mountain Complex wild horse roundup on a legal technicality. As you may recall, IDA, joined by renowned ecologist Craig Downer and noted children’s author Terri Farley, filed a lawsuit against Interior Secretary Ken Salazar and the Bureau of Land Management (BLM) to stop the largest roundup of wild horses in years — the Calico Mountain Complex roundup in Nevada.

We’d like to clarify the outcome of this litigation, further explain why the judge dismissed the lawsuit, and describe why we believe that this groundbreaking case bodes very well for any future litigation.

Read the rest of this entry »

Workers using Corexit in the Exxon Valdez Spill. Photo Credit : The Exxon Valdez Oil Spill Trustee Council

It’s been over a month since President Obama and the EPA gave BP 24 hours to stop dumping the toxic oil dispersant Corexit into the Gulf of Mexico. The decision was first reported in the Washington Post immediately after Congress heard testimony from BP’s own executives and scientists confirming our worst fears. Not only is this highly toxic chemical relatively ineffective against this type of crude oil, but it was now adding more pollutants to the already poisoned waters.

Numerous independent scientists have come forward to say that Corexit is really only good for public relations. This carcinogenic, mutagenic, and highly toxic chemical does break up the oil into small somewhat transparent ripples and droplets that are more visually acceptable than images of giant black tides drowning wildlife and covering beaches. What the cameras don’t see is the long term damage to delicate ecosystems that are now struggling to escape toxic tides of chemicals. According to environmental engineer Joe Taylor the sulfur and sulfuric acid based dispersant will also deplete oxygen levels under the water, killing plankton and everything above plankton in the food chain. This is not new information. Corexit has been banned for years in the UK because of the long and short-term damage to wildlife and ecosystems. The world was first introduced to Corexit in 1989 when it was used in the Exxon Valdez spill. Images of the workers during that spill spraying the chemical in hazmat suits should have been our first clue something wasn’t quit right with this chemical.

So – why at the time of this decision had BP already sprayed over 600,000 gallons of Corexit on the surface of the Gulf with another 55,000 injected directly into the oil pouring out of the ocean floor? And why, one month later, have they been allowed to dump even more? It is estimated that more than 1.4 million gallons have already been used.

Please act today to remind President Obama that this disaster could have been prevented and that he needs to restore the moratorium on all-offshore drilling in the U.S.

After two days of intense negotiations, the International Whaling Commission (IWC) today announced the rejection of a proposal to resume commercial whaling, banned since 1986.  Thousands of IDA members responded to our emergency action alert by sending faxes to President Obama and Congress, urging them to block the whaling proposal. Thank you! It worked!

The proposal would have allowed countries like Japan, Norway and Iceland, who never stopped killing whales in the first place, to continue killing them, with the endorsement of the IWC.  Thanks to pressure from IDA and whale supporters worldwide, we stood firmly unified, demanding real protection from hunting for whales. The world listened. And they agreed.

Although we prevailed in maintaining the global ban on commercial whaling, other significant pressures continue to harm whales and threaten their existence.  Starvation, increasing predation by orcas, migration through industrial polluted waters, oil spills, military sonar, and commercial fishing operations are among the many obstacles threatening their survival today.  The central location of the BP oil spill in the Gulf of Mexico, for example, is home to an endangered sperm whale population. In 2009, the National Oceanic and Atmospheric Administration indicated the population would not be able to withstand a loss of three additional whales due to man.  Last week, the first dead sperm whale was found floating 77 miles south of the sunken rig.

Please enjoy the victory – and take pride in the part you played preserving the moratorium on commercial whaling. Stay tuned for upcoming alerts to further protect marine mammals and their habitats. Next time we ask you to send a letter or fax, remember this – it can work. Every fax and e-mail you sent made this victory possible.

We urge you to watch a Vanity Fair video news story that outlines the plight and opportunities now facing the Bureau of Land Management’s wild horse program. This piece puts into perspective theBLM’s position on the wild horse program, IDA’s litigation to stop the roundup of the 1,922 Calico wild horses, and an overview of a recently announced private-public partnership proposal to return the Calico horses to the range.  The Soldier Meadows Ranch – Return To Freedom proposal for the Calico horses is a first-of-a-kind proposal made by a rancher and sanctuary to return wild horses to the range. It’s a great opportunity to break the BLM’s broken cycle of roundup, removal and stockpiling tens of thousands of wild horses. This proposal creates an eco-tourism opportunity, prevents the Calico horses from going to long-term holding and implements a pilot/model for managing wild horses on the range as Congress intended.

While this proposal awaits a response and approval from the BLM, the agency is sadly moving forward with plans to disperse the Calico horses around the country and sending the remainder to long-term holding – thus permanently separating family members for life.  We urge the BLM to stop these plans and to instead focus their time and energy into making this proposal a reality – a first step to reforming the broken and unsustainable program.

Last Thursday was the last public viewing of the Calico horses being held at the publicly-funded, short-term facility in Fallon, Nevada. IDA is opposed to the ending of public viewing of horses at this facility and urges the BLM to re-institute public access to this BLM-managed facility which holds more than 2,220 wild horses who belong to the American people.  It is ironic that the BLM uses tax dollars to fund this facility and prohibits tax payers from seeing their wild horses at this taxpayer-funded facility.

In the meantime, please be sure to voice your opposition to the unnecessary and inhumane proposed roundups of 2,000 horses and burros in the Reveille roundup of 200 horses (public comments due by June 25).