Endangering Missouri's Captive Cervid Industry

By Hunter, Lauren | Missouri Law Review, Spring 2019 | Go to article overview

Endangering Missouri's Captive Cervid Industry


Hunter, Lauren, Missouri Law Review


I. INTRODUCTION

Imagine a crisp autumn morning just after the break of dawn. A young hunter sits silently, waiting and watching, basking in the subtle sunlight serenading across the Missouri landscape. Out of the corner of her eye, she sees it --a beautiful ten-point buck slipping slowly into view. Steadily, she takes aim as the beast strolls perfectly between her sights. With a flash, the creature falls and adrenaline pulsates through the young hunter's veins. Each hunting season, these exhilarating experiences are facilitated by captive cervid (1) breeders like Donald Hill, co-owner of Oak Creek Whitetail Ranch. (2) However, with new, demanding regulations promulgated by the Missouri Conservation Commission ("Commission") (3), Hill now finds his business caught between the crosshairs.

This Note seeks to explore the validity of regulations proposed by the Commission to prevent the spread of chronic wasting disease ("CWD")--a fatal neurodegenerative disease--in cervids, such as white-tailed deer. Part II discusses the facts and circumstances surrounding the Missouri Supreme Court's decision in Hill v. Missouri Department of Conservation. (4) Part III dissects the delicate balance between private property interests and government interests, the scope of the Commission's regulatory authority, as well as the driving forces behind the "right-to-farm" amendment to the Missouri Constitution. Part IV unpacks the court's reasoning in Hill before concluding with a discussion on the implications of the court's holdings on private property rights, the regulatory authority of the Commission, and the interpretation of the right-to-farm amendment.

II. FACTS AND HOLDING

Donald Hill and his co-plaintiffs, Travis Broadway, Kevin Grace, and Whitetail Sales and Service, LLC (hereinafter "Breeders"), each participate in the selective breeding of captive cervids, such as white-tail deer and elk. (5) In October of 2014, the Commission began amending its regulations to impose stricter standards on the captive cervid industry. (6) Shortly after the Commission's regulations were approved and took effect, the Breeders sued to enjoin the Commission from enforcing its regulations. (7) The Breeders asserted that the new, more stringent regulations would prevent them from successfully operating their businesses and violate their right to farm as granted to them in the Missouri Constitution. (8) Furthermore, the Breeders argued that these regulations fell outside the scope of the Commission's regulatory authority. (9) In response to the Breeders' lawsuit, the Commission contended that regulating the captive cervid industry did fall within its regulatory authority, (10) and, moreover, its stricter regulations on cervid breeding facilities were vital to preventing the spread of CWD. (11)

CWD is a fatal neurodegenerative disease that infects cervids, such as white-tailed deer. (12) Symptoms of CWD have been likened to mad cow disease, and the two infections are part of the same family. (13) Infecting its victims through contact with proteins--known as prions--the disease can be passed directly through animal-to-animal contact or indirectly through environmental contact with plants, water, and other matter. (14) The disease has an eighteen-month incubation period between initial infection and initial symptoms, and there are no methods of testing animals for the disease while they are still alive. (15) Even if a live test for CWD became available, no cure or vaccination for the disease has yet been discovered or developed. (16) All these factors make CWD incredibly contagious and particularly difficult to contain. (17)

The increased density of animals in captive cervid facilities increases the risk of CWD transmission. (18) Recognizing this risk and attempting to minimize it, the Missouri Department of Agriculture ("MDA") began regulating captive cervid facilities pursuant to its authority under the Missouri Livestock Disease Control and Eradication Law ("MLDCEL"). …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Endangering Missouri's Captive Cervid Industry
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.