Judge Pearson was recommended for the District Court position by Sen. Sherrod Brown and nominated by President Obama in December, 2009.
Pearson is currently an Adjunct Professor at Cleveland-Marshall College of Law where she teaches Animal Law. Listed in her Senate questionnaire responses were memberships in Animal Legal Defense Fund (ALDF), Humane Society of the United States (HSUS), and American Society for the Prevention of Cruelty to Animals (ASPCA). Senate Questionnaire for Judicial Nominees
Her association with animal rights groups, particularly ALDF, was questioned by Senator Jeff Sessions (R, AL):
"In your questionnaire, you noted that you are a member of the Animal Legal Defense Fund (“ALDF”). As you noted during your hearing, you also teach Animal Law at Cleveland-Marshall College of Law. According to the syllabus you provided, your course includes a section devoted to constitutional standing. The ALDF advocates that animals should be considered “legal persons” and have “standing” in court. Do you believe that animals should be conferred legal standing to bring a lawsuit?"
Judge Pearson Response: Existing laws do not confer standing upon animals. On a case by case basis, however, courts have addressed whether standing should be conferred upon the legal representative of an animal. See, e.g., Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (finding that respondent lacked standing); Animal Legal Defense Fund v. Glickman, 154 F.3d 426 (D.C. Cir. 1998) (en banc) (finding ALDF had standing to challenge the treatment of primates). If confirmed as a United States District Judge, I will enforce applicable legal precedent.
The National Cattlemen’s Beef Association (NCBA) expressed its opposition to Pearson's nomination as a federal judge, claiming she has ties to animal activists and urged Senate members to vote against her appointment. NCBA Vice President of Government Affairs Colin Woodall said Pearson’s connections to the Animal Legal Defense Fund, an organization that advocates giving animals the same legal rights as humans, would make it difficult for her to be an impartial judge in cases regarding actions by animal rights activists.
December 21, 2010. U.S. Senate confirmed U.S. Magistrate Judge Benita Y. Pearson by a vote of 56-39 to sit on the U.S. District Court for the Northern District of Ohio.
ANIMAL LEGAL DEFENSE FUND
ALDF describes itself as attorneys active in shaping the emerging field of animal law. They specialize in "filing groundbreaking lawsuits to stop animal abuse and expand the boundaries of animal law." ALDF advocates changing the legal status of animals from property to personhood.
“Everything we are doing lays the foundation for the one day when animals will have rights" ....“We need to get in their faces and sue the animal users so often they don’t know which courtroom they’re supposed to appear in next.” Valerie Stanley, ALDF Attorney June, 1996
ALDF is a partner in The Great Ape Legal Project, a joint project between ALDF and the Great Ape Project International, working to establish legal rights for nonhuman great apes.
The ALDF website explains, "Through this groundbreaking enterprise, ALDF is working to improve the legal status of nonhuman animals, who continue to be viewed by the courts — despite the clearer vision of scientists, philosophers and animal guardians everywhere — as mere property. "Animals have never been made a part of our legal system," explains ALDF President Steve Ann Chambers. "As a result, there is no legal recourse when they're exploited and abused."
According to the Great Ape Project mission statement, "the exploitation of great primates in laboratories, circus, entertainment shows and zoos can be considered a kind of slavery, reminding what men used to do with others of his own kind who were considered to be inferior a little bit more than one century ago."
ALDF also works to establish Student Animal Legal Defense Fund Chapters at Law Schools. Student chapters work with ALDF to advance the interests of animals through the legal system. Currently 152 U.S Chapters and 8 International Chapters have been established.
Thursday, December 23, 2010
Decision announced on Louisiana dog-deer hunting
USDA FOREST SERVICE ANNOUNCES DECISION ON DOG-DEER HUNTING ON THE KISATCHIE NATIONAL FOREST
FOR IMMEDIATE RELEASE RELEASE NO. 11-02
ATLANTA (December 17, 2010) USDA Forest Service officials announced today the decision to prohibit the use of dogs to hunt deeron the Kisatchie National Forest in Louisiana. The decision has no effect on the current hunting season, but will be implemented during the 2011-2012 season.
The Kisatchie National Forest and the Southern Region conducted an in-depth environmental analysis and reviewedmore than 1,200 public comments before issuing the decision. Comments included concerns about this activity's effects on public safety,impacts on adjacent private landsand the potential loss of this type of hunting opportunity.
This decision addresses the need to reduce safety concerns by limiting conflicts between dog-deer hunters, other forest users and adjacent landowners, said Liz Agpaoa, Regional Forester for the Southern Region. Through the analysis we have determined that dog-deer hunting is no longer appropriate on the Kisatchie National Forest.
Currently, the Kisatchie National Forest is the only public land within Louisiana with a wildlife management mandate where dog-deer hunting is allowed. Conflicts occur between users when deer-hunting dogs range beyond the control of hunters and trespass onto private land.
Over the last several years, adjacent landowners and other forest users have expressed concerns to the Forest Service on issues ranging from livestock harassment, personal confrontations, shooting from and across roads and road damage from the influx of dog-deer hunters.
We will continue to work with the State of Louisiana to implement this decision, Agpaoa said.
The decision allows for administrative appeal. For more information about this decision, please visit the Kisatchie National Forest website
NOTICE OF DECISION
USDA Forest Service
Kisatchie National Forest
Dog-deer Hunting Forest Plan Amendment
On December 16, 2010, Regional Forester Liz Agpaoa decided to amend the Kisatchie National Forest’s 1999 Revised Land and Resource Management Plan (Forest Plan) in order to add new direction for hunting deer with dogs on the Forest. The proposed changes will add a new standard to prohibit the use of dogs to hunt deer on the entire Kisatchie National Forest (Alternative 2 in the Environmental Assessment). These changes will provide management direction for the remainder of the current Plan period, or until modified by a subsequent amendment or revision.
Environmental Assessment Report published April 2010 Proposed Plan Amendment
Prohibiting Dog-Deer Hunting
Related articles:
Leesville Daily Leader. Dog-deer hunters fear loss of age-old tradition
FOR IMMEDIATE RELEASE RELEASE NO. 11-02
ATLANTA (December 17, 2010) USDA Forest Service officials announced today the decision to prohibit the use of dogs to hunt deeron the Kisatchie National Forest in Louisiana. The decision has no effect on the current hunting season, but will be implemented during the 2011-2012 season.
The Kisatchie National Forest and the Southern Region conducted an in-depth environmental analysis and reviewedmore than 1,200 public comments before issuing the decision. Comments included concerns about this activity's effects on public safety,impacts on adjacent private landsand the potential loss of this type of hunting opportunity.
This decision addresses the need to reduce safety concerns by limiting conflicts between dog-deer hunters, other forest users and adjacent landowners, said Liz Agpaoa, Regional Forester for the Southern Region. Through the analysis we have determined that dog-deer hunting is no longer appropriate on the Kisatchie National Forest.
Currently, the Kisatchie National Forest is the only public land within Louisiana with a wildlife management mandate where dog-deer hunting is allowed. Conflicts occur between users when deer-hunting dogs range beyond the control of hunters and trespass onto private land.
Over the last several years, adjacent landowners and other forest users have expressed concerns to the Forest Service on issues ranging from livestock harassment, personal confrontations, shooting from and across roads and road damage from the influx of dog-deer hunters.
We will continue to work with the State of Louisiana to implement this decision, Agpaoa said.
The decision allows for administrative appeal. For more information about this decision, please visit the Kisatchie National Forest website
NOTICE OF DECISION
USDA Forest Service
Kisatchie National Forest
Dog-deer Hunting Forest Plan Amendment
On December 16, 2010, Regional Forester Liz Agpaoa decided to amend the Kisatchie National Forest’s 1999 Revised Land and Resource Management Plan (Forest Plan) in order to add new direction for hunting deer with dogs on the Forest. The proposed changes will add a new standard to prohibit the use of dogs to hunt deer on the entire Kisatchie National Forest (Alternative 2 in the Environmental Assessment). These changes will provide management direction for the remainder of the current Plan period, or until modified by a subsequent amendment or revision.
Environmental Assessment Report published April 2010 Proposed Plan Amendment
Prohibiting Dog-Deer Hunting
Related articles:
Leesville Daily Leader. Dog-deer hunters fear loss of age-old tradition
Tuesday, December 21, 2010
104,100 Pounds of Venison Donated During Hunting Season so far
Venison donations to be taken though February 6, 2011
COLUMBUS, OH – Ohio deer hunters have donated more than 104,100 pounds of venison to local food banks so far this deer season, according to Farmers and Hunters Feeding the Hungry (FHFH) and the Ohio Department of Natural Resources (ODNR), Division of Wildlife.
“I am happy to see this program continue to grow each year. Ohio hunters once again have shown their generosity so Ohio’s food pantries will receive the nutritious red meat they so desperately need,” said David M. Graham, chief of the Division of Wildlife.
The 104,100 pounds equals approximately 416,400 meals for needy Ohioans. To date, 2,082 deer have been donated with plenty of deer hunting opportunity left in the 2010-11 season. Last year at this time, 1,910 deer had been donated representing 95,500 pounds of venison.
Last year FHFH collected 116,750 pounds of venison from 2,336 deer through the entire season, which ran from September 2009 to February 7, 2010. Ohio county chapters with the highest numbers of deer donations so far are: Licking-208; Muskingum, Morgan and Perry-189; Coshocton, Tuscarawas, and Knox-160; Athens, Gallia, Hocking, Meigs, Vinton and Washington-137; and Franklin-121.
“We are thrilled that the partnership between FHFH and ODNR has resulted in greater numbers of donated deer – and meals provided – across Ohio again this year. With high unemployment in many areas fueling an even greater need for nutritious food items at food banks and feeding ministries, this growth could not have come at a better time, ” according to Josh Wilson, FHFH national operations director.
Hunters still have a weekend of deer-gun hunting, December 18-19, and eight weeks of archery hunting in Ohio. Archery season remains open until February 6. The statewide muzzleloader deer-hunting season will be held, January 8 – 11, 2011.
Full Story ..
COLUMBUS, OH – Ohio deer hunters have donated more than 104,100 pounds of venison to local food banks so far this deer season, according to Farmers and Hunters Feeding the Hungry (FHFH) and the Ohio Department of Natural Resources (ODNR), Division of Wildlife.
“I am happy to see this program continue to grow each year. Ohio hunters once again have shown their generosity so Ohio’s food pantries will receive the nutritious red meat they so desperately need,” said David M. Graham, chief of the Division of Wildlife.
The 104,100 pounds equals approximately 416,400 meals for needy Ohioans. To date, 2,082 deer have been donated with plenty of deer hunting opportunity left in the 2010-11 season. Last year at this time, 1,910 deer had been donated representing 95,500 pounds of venison.
Last year FHFH collected 116,750 pounds of venison from 2,336 deer through the entire season, which ran from September 2009 to February 7, 2010. Ohio county chapters with the highest numbers of deer donations so far are: Licking-208; Muskingum, Morgan and Perry-189; Coshocton, Tuscarawas, and Knox-160; Athens, Gallia, Hocking, Meigs, Vinton and Washington-137; and Franklin-121.
“We are thrilled that the partnership between FHFH and ODNR has resulted in greater numbers of donated deer – and meals provided – across Ohio again this year. With high unemployment in many areas fueling an even greater need for nutritious food items at food banks and feeding ministries, this growth could not have come at a better time, ” according to Josh Wilson, FHFH national operations director.
Hunters still have a weekend of deer-gun hunting, December 18-19, and eight weeks of archery hunting in Ohio. Archery season remains open until February 6. The statewide muzzleloader deer-hunting season will be held, January 8 – 11, 2011.
Full Story ..
Group plans suit for nationwide gray wolf recovery
The ink isn't dry on the USFWS announcement to delist Western Great Lakes wolves and another suit is being planned by animal rights activists. In its press release, the FWS noted that “wolves continue to exceed recovery goals and are no longer threatened with extinction.” The USFWS delisting proposal for delisting gray wolves will be published by April 2011. (See SAOVA Dec. 14 blog post)
Group plans suit for nationwide gray wolf recovery
Posted: Dec 21, 2010 11:15 AM by Beth Saboe (KPAX Media Center)
Updated: Dec 21, 2010 11:30 AM
An Arizona environmental group says it plans to sue the federal government for failing to develop a recovery plan for gray wolves in the lower 48 states.
The Center for Biological Diversity says a protection plan is required by the Endangered Species Act and should have been developed 30 years ago or more.
The group wants the U.S. Fish and Wildlife Service to create a national recovery plan to help existing wolves populations and return wolves to some of their historic range around the country.
"Wolves are an integral part of this country's natural history and need a national recovery plan now," said Noah Greenwald, endangered species director at the Center.
According to the notice filed with the Interior Department, the government has 60 days to act or the Center will sue.
"It is time for the U.S. Fish and Wildlife Service to chart a new course for wolf recovery," said Greenwald. "This plan is badly needed to establish new goals and management for existing wolf populations and as a blueprint for establishing wolves in additional areas."
According to a press release from the Center, a national recovery plan could specify a legally defensible path for truly recovering wolves and provide certainty for states that have wolf populations.
Group plans suit for nationwide gray wolf recovery
Posted: Dec 21, 2010 11:15 AM by Beth Saboe (KPAX Media Center)
Updated: Dec 21, 2010 11:30 AM
An Arizona environmental group says it plans to sue the federal government for failing to develop a recovery plan for gray wolves in the lower 48 states.
The Center for Biological Diversity says a protection plan is required by the Endangered Species Act and should have been developed 30 years ago or more.
The group wants the U.S. Fish and Wildlife Service to create a national recovery plan to help existing wolves populations and return wolves to some of their historic range around the country.
"Wolves are an integral part of this country's natural history and need a national recovery plan now," said Noah Greenwald, endangered species director at the Center.
According to the notice filed with the Interior Department, the government has 60 days to act or the Center will sue.
"It is time for the U.S. Fish and Wildlife Service to chart a new course for wolf recovery," said Greenwald. "This plan is badly needed to establish new goals and management for existing wolf populations and as a blueprint for establishing wolves in additional areas."
According to a press release from the Center, a national recovery plan could specify a legally defensible path for truly recovering wolves and provide certainty for states that have wolf populations.
Saturday, December 18, 2010
Nebraska to HSUS: No deal
Feedstuffs December 16 2010 by Rod Smith
Neb. Gov. Dave Heineman has laid out his position on any effort by The Humane Society of the United States (HSUS) to change agricultural practices in Nebraska: "No compromise, no deal."
In an interview, he said HSUS "is anti-agriculture and out to destroy animal agriculture," and if the organization tries to do in Nebraska what it has done in other states, it will be "in for a fight."
HSUS has increased its presence in Nebraska in recent weeks, with chief executive officer and president Wayne Pacelle conducting a town hall meeting and retaining a state coordinator.
Neb. Gov. Dave Heineman has laid out his position on any effort by The Humane Society of the United States (HSUS) to change agricultural practices in Nebraska: "No compromise, no deal."
In an interview, he said HSUS "is anti-agriculture and out to destroy animal agriculture," and if the organization tries to do in Nebraska what it has done in other states, it will be "in for a fight."
HSUS has increased its presence in Nebraska in recent weeks, with chief executive officer and president Wayne Pacelle conducting a town hall meeting and retaining a state coordinator.
Friday, December 17, 2010
NJ: Officials say 591 bears killed in hunt
TRENTON — New Jersey wildlife officials said Sunday that 591 bears were killed during the state’s six-day hunt this week.
The hunt, New Jersey’s first since 2005, is part of the state Department of Environmental Protection’s bear management policy.
Wildlife officials have said the hunt, which ended at dusk on Saturday, was needed to reduce a black bear population now thought to number about 3,400.
But opponents contend the policy was improperly developed.
Two animal rights groups-Animal Protection League and Bear Education and Resource Group-tried unsuccessfully to stop the hunt before it started.
But an appeals court refused to halt the hunt on Dec. 3, and the following day a judge acting on a petition to the state Supreme Court refused to grant an emergency stay. The lawsuit, which challenges the state’s bear management policy as improper, is continuing.
A similar challenge succeeded in 2007 and no hunt was held. An appeals panel found flaws with the management policy and ruled that the 2005 hunt should not have taken place.
Some 6,680 bear hunting permits were issued for this year’s hunt, with each hunter entitled to one bear regardless of age or gender. The DEP has estimated that as many as 700 bears would be killed overall.
West Milford Messenger December 16, 2010
The hunt, New Jersey’s first since 2005, is part of the state Department of Environmental Protection’s bear management policy.
Wildlife officials have said the hunt, which ended at dusk on Saturday, was needed to reduce a black bear population now thought to number about 3,400.
But opponents contend the policy was improperly developed.
Two animal rights groups-Animal Protection League and Bear Education and Resource Group-tried unsuccessfully to stop the hunt before it started.
But an appeals court refused to halt the hunt on Dec. 3, and the following day a judge acting on a petition to the state Supreme Court refused to grant an emergency stay. The lawsuit, which challenges the state’s bear management policy as improper, is continuing.
A similar challenge succeeded in 2007 and no hunt was held. An appeals panel found flaws with the management policy and ruled that the 2005 hunt should not have taken place.
Some 6,680 bear hunting permits were issued for this year’s hunt, with each hunter entitled to one bear regardless of age or gender. The DEP has estimated that as many as 700 bears would be killed overall.
West Milford Messenger December 16, 2010
Thursday, December 16, 2010
Kudos to Congressmen Dan Boren (D-OK) and Paul C. Broun, M.D. (R-GA)
SAOVA endorsed Representatives Dan Boren and Paul Broun wrote to the fellow Congressmen expressing their opposition to scheduling any floor vote on HR 5434 PUPS during the lame-duck session.
Boren and Broun wrote their chief concern is the manner in which PUPS broadly defines "high volume breeder." Under this legislation, small hobby breeders, such as show breeders, hunting clubs and dog trainers, who breed only a litter or two a year would be considered "high volume breeders" and forced to comply with the Animal Welfare Act (AWA).
Letter is posted on the AKC website.
Contact Rep. Broun
Contact Rep. Boren
Boren and Broun wrote their chief concern is the manner in which PUPS broadly defines "high volume breeder." Under this legislation, small hobby breeders, such as show breeders, hunting clubs and dog trainers, who breed only a litter or two a year would be considered "high volume breeders" and forced to comply with the Animal Welfare Act (AWA).
Letter is posted on the AKC website.
Contact Rep. Broun
Contact Rep. Boren
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