Animal law is an umbrella term referring to the wide array of legal issues that impact the welfare and changing status of nonhuman animals. Like environmental law before it, animal law is a subject that actually existed long before it was seen as a field in its own right, and its practitioners generally originated from other recognized areas of practice. And like environmental law did 30 years ago, the practice of animal law is gaining greater legitimacy as it becomes recognized by law schools, lawyers, and the larger community.

Media focus on celebrity cases over the last year has increased recognition and illustrates the broad scope of the subject, which covers common law, statutory and regulatory elements, and includes issues relating to companion, exotic and wild animals. Thus, Michael Vick’s dogfighting conviction, Ellen DeGeneres’s breach of a rescue organization’s pet adoption agreement, and Leona Helmsley’s $12 million trust fund for her dog Trouble, although arising within different legal contexts, all fall within the scope of animal law.

The same is true for other animal issues that received media focus last year. The pet food recall, for example, highlighted for many the limited recovery available in most states for death or injury to a companion animal because of the animal’s classification as property. Similarly, the video of downed cows at a California slaughter plant issued by the Humane Society of the United States earlier this year focused the nation’s attention on the beef industry and inhumane treatment and slaughter of ill cows.

Despite the growing numbers of cases, few lawyers practicing in the field have received any formal instruction on the common themes that underlie animal-related issues. However, through the efforts of the Animal Legal Defense Fund (“ALDF”), the number of law schools that offer courses in animal law is growing. Over 90 American law schools now offer such a course (up from only nine in 2000), including South Texas College of Law, the University of Houston Law Center, the University of Texas at Austin, and Texas Wesleyan University School of Law. In addition, students in 117 law schools have organized student ALDF chapters, with many of the organizations serving as the catalyst for the creation of new animal law classes.

Pamela Alexander, director of ALDF’s Animal Law Program, explains that student interest and involvement is what accounts for the explosion of student ALDF chapters and animal law classes across the country, not only in law schools but at undergraduate institutions as well. Although ALDF collaborates to help establish a new animal law course, she credits the students as the primary driving force behind the movement. Her goal, she says, “is to see an animal law course established at every accredited law school in the nation.”

Creating an animal law course has sometimes been difficult, as students and interested teaching faculty are met with skepticism over the subject matter. Although some see a course as merely a discussion of animal rights, Alexander notes that the course is much more and will depend on the instructor and the law school. Although animal rights might be a part of the discussion, she says, “It is the law that is emphasized, because that is how we will get change.”

“Animal law is exciting and challenging,” Alexander continues, “because it intersects with traditional areas of law. Law schools are doing students a great service by providing animal law courses.”

Generally speaking, animal law courses include criminal, contractual, and estate planning issues (such as those illustrated by the Vick, DeGeneres and Helmsley references above), as well as issues grounded in property, constitutional law, and statutory laws regarding animal welfare.  The course often forces students to look at traditional laws in different ways because of the difficulties inherent in representing the interests of animals that are still considered property.

The current imbroglio involving Primarily Primates, Inc. is an excellent example of the breadth of legal issues that one case may raise. Primarily Primates is a primate sanctuary located in San Antonio. After it took in nine chimpanzees retired from Ohio State University research labs in 2006, an undercover investigation by People for the Ethical Treatment of Animals revealed a substandard facility, severe neglect and animal hoarding conditions.

Aside from potential criminal issues, Primarily Primates was faced with a variety of other legal problems. It was first sued by PETA for breach of its contractual obligation to care for the animals, a case that raised the issue of standing for nonhuman animals (later resolved on appeal—no standing). The facility also went into receivership after the Texas Attorney General learned of the facility’s conditions and only came out after settlement and restructuring. It was forced to relocate many of its animals due to overcrowded conditions during the receivership, an action that has now raised issues of ownership, as several of the sanctuaries have refused to return custody to Primarily Primates for fear of continued neglect.

Other cases are instructive as well, showing how the law is rapidly evolving in this area. For example, the response by many states to the pet food recall was the introduction of legislation permitting emotional distress damages for loss of companion animals, a complete turnaround from the prior view. Similarly, response to the downed cow video included legislative hearings on livestock practices and the introduction of a bill seeking increased penalties and possible plant shut down for statutory violations.

In addition to seeking opportunities for class instruction, Alexander notes that ALDF is beginning to focus on creating opportunities for practical training to help students make a start in this area once they finish law school. “We see a lot of students going to law school now specifically to represent animal issues in practice,” she says. “The challenge is that, when they graduate, there are not as many full time opportunities to practice these issues.”

With that in mind, ALDF has created a mentorship program that matches students with practicing animal law attorneys so that students can learn the ropes. “We think this is a one-of-a-kind program,” she says.

Internship opportunities are also available for many students interested in animal law, including internships with ALDF itself as well as some opportunities at the Humane Society of the United States. In the Houston area, students may find animal law opportunities through internships with the Harris County District Attorney’s office, through South Texas College of Law, and with the Bureau of Animal Regulation and Care.

Educational support and networking opportunities are also available to students and practitioners alike through the growing number of animal-related bar sections and committees. Currently, at least ten state bar associations and the American Bar Association’s Tort Trial & Insurance Practice Section have animal law sections, and sections of local bar associations are peppered throughout the country. Included in this number is the Animal Law Section of the Texas State Bar (already 12 years old and with 277 members), as well as the new Animal Law Section of the Houston Bar Association and the Animal Law Committee of the Austin Bar Association.

Amy Bures Danna, Houston Bar Association member and former chair of the State Bar Animal Law Section, indicates that the number of Texas lawyers interested in animal law issues is on the rise, as evidenced by the growing number of lawyers who attend the Section’s annual Animal Law Institute held each summer. She notes that this increase merely reflects changes to societal views on animal issues, which is exemplified by the country’s negative reaction to the Michael Vick dogfighting ring. “A decade ago,” she says, “the reaction from the public would likely have been much more indifferent. . . . Society is changing, and the number of lawyers in the field simply reflects that.”

Danna also points to the growing number of lawyer and non-lawyer members in animal-related groups such as the Humane Society as proof of the growing concerns for animal welfare.

Membership in such groups is indeed on the rise. The Texas Humane Legislation Network (“THLN”), for example, has seen its membership grow from a mere 30 individuals in 1975 when it was first formed to over 4,000 members today. As the only non-profit lobbying organization devoted to animal issues in Texas, the group has made significant advances in state animal legislation over the years, including improved animal shelter and euthanization standards, shelter requirements for pre-adoption sterilization of dogs and cats, authorization for civil seizure and dispossession of cruelly treated animals, and prohibitions on dog fighting, canned hunts, and horse tripping.

Further indication of the increasing pace of change is THLN’s success during the last legislative session, with the organization seeing the passage of eight animal-related bills. Significant legislation included provisions that require the inclusion of certain animals in natural disaster evacuation plans, increase the number of counties authorized to regulate roadside animal sales, limit dog-tethering, enhance dogfighting and spectator penalties, and impose stricter animal cruelty provisions.

Recent companion animal statistics also suggest a growing societal interest in animal welfare. Currently, one-third of American households are home to at least one companion animal and nearly half those homes deem their animals to be a part of the family. With pet expenditures on the rise (total expenditures are estimated at $43.4 billion dollars for this year alone), lawyers interested in animal law may find more clients knocking on their doors.

America’s love for animals has already created opportunities in other areas, notably the insurance industry with its pet medical insurance policies and, most recently, Progressive Insurance’s new pet injury coverage under its automobile policies. According to ALDF’s Alexander, more lawyers are encouraging their law firms to include animal law as a practice area, and larger firms are approaching ALDF seeking pro bono cases. She notes, however, that some lawyers have to overcome resistance within the firm by those who do not see the subject as a legitimate practice area.

Danna, in addition to teaching Animal Law as an adjunct professor at the University of Houston Law Center, practices as an associate at The Clary Firm, P.C. Until recently, she took animal law cases on the side as time permitted, representing and consulting with charitable organizations such as the Austin German Shepherd Dog Rescue. However, says Danna, her firm has recently incorporated animal law into its practice, taking advantage of the practice potential created by changing societal trends. She foresees focusing on pet trust work and other estate planning options “as people are quite interested in assuring themselves of the safety and comfort of their animals if they become disabled or die unexpectedly.”

Danna believes that animal law will continue to be a growing business. “Animal law reflect[s] the value that people place on animals. If society continues to demand increasingly better treatment for animals, our legal system will reflect the public demand. And if the amount spent on pets is any indication of society’s valuation, the practice of animal law will do nothing but continue to expand dramatically.”

So, lawyers take heed. If the dog barks, answer the door.

Fran Ortiz is Presidential Research Professor and Professor of Law at South Texas College of Law. Professor Ortiz teaches Animal Law at South Texas College of Law, and she is a council member with the Houston Bar Association Animal Law Section and a director with the Texas Humane Legislation Network

 

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Houston Bar Association Section Focuses on Animal Law

In 2007, three busy lawyers – Alison Smith, a trial lawyer at Haynes & Boone; Belinda Smith, a prosecutor in the Harris County District Attorney’s Office; and Clarissa Kay Bauer, an attorney with the Harris County Attorney’s Office – recognized a need within the Houston Bar Association. The three petitioned the Houston Bar to establish its first Animal Law Section. The section’s purpose is to “promote the understanding of laws, regulations, and court decisions dealing with animals, as well as to provide networking opportunities for members.” In its first year, the section sponsored CLE programs on dog fighting, the basics of animal law, recent legislation involving animals, and pet trusts. 

At its holiday party, the section honored SNAP (Spay-Neuter Assistance Program) and PetSmart Charities for their support of local spay and neuter programs. The section has exciting future plans, including matching pro bono attorneys with local animal rescue organizations needing legal counsel. 

Clarissa Kay Bauer, current chair of the section, described her reasons for pushing for the bar section: “I became involved in animal law years ago through my work as an assistant county attorney. I handled the civil seizures of cruelly treated animals. The animals were typically neglected or abused family pets that I took from their owners pursuant to Court order.  It proved to be the most gratifying legal work I have ever done because the animals were suffering so badly, and I was able to place them with the Houston SPCA or Houston Humane Society for future adoption and a better life.”

The HBA Animal Law section is eager to gain new members.  Please see the section’s page on the HBA Web site, www.hba.org, for more information and contact numbers.