Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| People for the Ethical Treatment of Animals, Inc. v. United States Department of Agriculture | 7 F. Supp. 3d 1 (D.D.C. 2013) reconsideration denied sub nom. People for Ethical Treatment of Animals, Inc. v. United States Dep't of Agric., 60 F. Supp. 3d 14 (D.D.C. 2014) | 2013 WL 6571845 (D.D.C. 2013) |
The People for the Ethical Treatment of Animals (PETA) brought a suit against the USDA for failing to enforce the Animal Welfare Act (AWA) against bird abusers and for not promulgating regulations specific to the mistreatment of avians. While the district court found PETA had standing, it granted the USDA’s motion to dismiss because the AWA's enforcement provision strongly suggested that its implementation was committed to agency discretion by law and because section 2143 of the AWA did not require the USDA to issue avian-specific animal-welfare standards. For a reconsideration of this case, see People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture, 60 F.Supp.3d 14 (D.D.C. 2014). |
Case |
| People for the Ethical Treatment of Animals v. United States Dep't of Agric. & Animal & Plant Health Inspection Serv. | 918 F.3d 151 (D.C. Cir. Mar. 15, 2019) | 2019 WL 1212181 (D.C. Cir. Mar. 15, 2019) | The plaintiffs, People for the Ethical Treatment of Animals, sought documents from the Animal and Plant Health Inspection Service (“APHIS”), the entity within the United States Department of Agriculture (“USDA”) that administers the Animal Welfare Act (“AWA”). The USDA took a large amount of documents off of its website relating to AWA compliance. The USDA claimed that the removal was for the purpose of removing certain personal information and although they did not say that the removal was temporary, the agency described the removal as provisional which suggests that it is temporary in nature. The plaintiffs filed suit asking for declaratory and injunctive relief and invoking a provision known as FOIA’s reading room provision (5 U.S.C. section 552(a)(2)). The provision requires that agencies make available for public inspection in an electronic format five categories of documents. The plaintiffs allege that the agency removed (1) research facility annual reports; (2) inspection reports; (3) lists of entities licensed under the AWA; and (4) regulatory correspondence and enforcement records that had not yet received final adjudication. Category 4 and the portion of category 2 consisting of animal inventories were dismissed and not discussed in this case. Categories 1-3 appeared to be reposted by the agency which is why the district court dismissed them as moot. The appeal centers on the reposted records and the dismissal of the plaintiff’s claims by the district court. Ultimately the Court held that for the reposted records featuring new redactions, the complaint was most plausibly read as requesting that USDA repost all information that those records contained before their takedown. The Court stated that the district court should proceed to the merits on remand. As to “voluntary cessation,” the Court affirmed the mootness dismissal as to the research reports but remanded for further explanation as to the inspection reports and the entity lists. If the agency unambiguously commits to continued posting of those documents, plaintiffs' claims should be dismissed as moot, without discovery, even if USDA continues to regard its postings as voluntary. | Case |
| People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture | 797 F.3d 1087 (D.C. Cir., 2015) | 2015 WL 4727327 (D.C. Cir., 2015) | Ten years after the United States Department of Agriculture (USDA) took steps to apply Animal Welfare Act (AWA) protections to birds, the task remained incomplete. The People for the Ethical Treatment of Animals (PETA) sued the USDA, arguing that its inaction amounted to agency action “unlawfully withheld,” in violation of section 706(1) of the Administrative Procedure Act (APA). The District Court granted the USDA's motion to dismiss, concluding that the USDA's enforcement decisions were committed by law to its discretion. On appeal, the court found PETA had standing, but had failed to plausibly allege that the USDA's decade-long inaction constituted agency action “unlawfully withheld” in violation of the APA. The United States Court of Appeals, District of Columbia Circuit, therefore affirmed the District Court's judgment of dismissal. For the District Court's opinion, see People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture, 60 F.Supp.3d 14 (D.D.C. 2014). | Case |
| People for Ethical Treatment of Animals, Inc. v. Wildlife in Need & Wildlife in Deed, Inc. | Slip Copy, 2018 WL 828461 (S.D. Ind. Feb. 12, 2018) | In this case, the Plaintiff (PETA) filed a complaint for injunctive relief against the Defendants (WIN) alleging violations of the Endangered Species Act (ESA) relating to the declawing of the Defendants' captive Big Cats (lions, tigers, and hybrids). WIN operates as a AWA-USDA licensed wildlife exhibitor and charges the public a fee to directly interact with the Big Cat Cubs. Notably, the court indicates that WIN has been cited for more than 50 times for failing to meet minimum standards under the AWA. Defendants "routinely" declaw the Big Cats, not out of medical necessity, but because it "makes them easier to handle." Testimony showed that two Big Cat Cubs died as the result of complications from declawing and Defendants do not provide post-surgical pain medication or antibiotics. In October of 2017, the court issued a temporary restraining order preventing Defendants from declawing, and, the following December, Plaintiffs filed the present Motion for Preliminary Injunction. The court held a hearing in January 2018 in which the court heard evidence and arguments. In reviewing the factors supporting issuance of a preliminary injunction, the court found there was a likelihood of success in proving the declawing and baby cat "play" time constituted takings under the ESA. In addition, there were no adequate remedies available at law and the court held irreparable harm would result from the declaws. Thus, the court GRANTED Plaintiff’s motion for preliminary injunction. | Case | |
| People for Ethical Treatment of Animals, Inc. v. United States Department of Agriculture | 60 F.Supp.3d 14 (D.D.C. 2014) | On December 16, 2013, this Court issued an Opinion that dismissed a lawsuit brought by People for the Ethical Treatment of Animals alleging that the United States Department of Agriculture had unlawfully failed to implement the Animal Welfare Act with respect to birds. The Court found that the actions PETA sought to compel USDA to take—promulgating bird-specific regulations and enforcing the AWA against bird abusers—were committed to the agency's discretion by law. On January 13, 2014, PETA moved for reconsideration of the second part of that decision. PETA also asked, in the alternative, for leave to amend its Complaint. The government opposed both requests. Because the Court stands by its initial conclusions, and because leave to amend was not allowed at this juncture, it denied PETA's Motion. This case was appealed, see People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture, 797 F.3d 1087 (D.C. Cir., 2015). For a prior District Court case, see People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture, 7 F. Supp. 3d 1 (D.D.C. 2013) | Case | |
| Pearson v. U.S. Dept. of Agriculture | Slip Copy, 2011 WL 559083 (C.A.6,2011) |
Petitioner seeks review of the decision and order of the Secretary of the USDA, terminating his license to own and exhibit wild animals (82 lions, tigers, and bears), issuing a cease and desist order, and imposing civil sanctions in the amount of $93,975 in violation of the AWA. In 2006, inspection showed 280 incidents of non-compliance. On appeal, the Sixth Circuit first held that there was no abuse of discretion in failing to grant the continuance after a fire at Petitioner's home because he is unable to resulting establish prejudice. Further, the Court discounted Petitioner's challenge that the revocation of his license was not supported where the court found the evidence "substantial, perhaps overwhelming." |
Case | |
| N.Y. Pet Welfare Ass'n, Inc. v. City of N.Y. | 850 F.3d 79 (2d Cir. 2017) |
In 2015, New York City enacted a group of laws aimed at dealing with problems associated with the companion animal business in the city by regulating the sale of dogs and cats in pet shops. On the day the laws were to go into effect, the New York Pet Welfare Association (NYPWA) filed suit challenging two of the laws. The first law, the “Sourcing Law,” required that pet shops sell only animals acquired from breeders holding a Class A license issued under the federal Animal Welfare Act (AWA). The second law law, the “Spay/Neuter Law,” required that pet shops sterilize each animal before releasing it to a consumer. NYPWA argued that the Sourcing Law violated the “dormant” Commerce Clause and is preempted by the AWA, and that the Spay/Neuter Law is preempted by New York law. The district court dismissed NYPWA’s complaint and the 2nd Circuit Court of Appeals affirmed the district court’s decision. First, the 2nd Circuit determined that the Sourcing Law did not violate the Commerce Clause because it did not discriminate against interstate commerce. The 2nd Circuit found that the Sourcing Law may make it difficult for certain out of state breeders to sell to city shops, but so long as breeders from other states are allowed to sell in the city, then it is not considered to be discriminatory. Also, the 2nd Circuit found that NYPWA was unable to show that any incidental burden that the Sourcing Law placed on out of state breeders was excessive and therefore the law passed under the Pike Balancing test. Lastly, the 2nd Circuit determined that the Spay/Neuter Law was not preempted by New York Law because NYPWA failed to identify a single New York statute or case that suggests that the new law would be preempted in any way. As a result, the 2nd Circuit affirmed the district court’s ruling. |
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| Moore v. Garner | 2005 WL 1022088 (E.D.Tex.) |
Complaints were made against a plaintiff-couple about the poor conditions for over 100 dogs and other animals that were living in on the couple’s farm. The couple who owned the farm failed to do anything about it and the animals were seized. Plaintiffs brought claims against sixty defendants (mainly Van Zandt County, Texas officials) for conspiracy and violations of the Hobbs Act, Animal Welfare Act, Animal Enterprise Protection Act, RICO, the Texas Constitution and other federal statutes. The trial court granted defendants' motion to dismiss and the District Court affirmed. |
Case | |
| Missouri Primate Foundation v. People for Ethical Treatment of Animals, Inc. | Slip Copy, 2018 WL 1420239 (E.D. Mo. Mar. 22, 2018) | This matter is a motion of counterclaim by defendants Missouri Primate Foundation to dismiss PETA's (the counterclaim plaintiff) assertion that two chimpanzees were being held in conditions that deprived the chimpanzees of adequate social groups, space, and psychological stimulation, putting them at risk of and causing physical and psychological injury, such as deteriorated cardiovascular and musculoskeletal health, stress, anxiety and depression. PETA also alleges that the chimpanzees were denied a sanitary environment, proper ventilation, a healthy diet, and adequate veterinary care. PETA claimed that the Missouri Primate Foundation (MPF) (the counterclaim defendants) were holding the two chimpanzees in conditions that “harm” and “harass” the chimpanzees, thus violating the “take” prohibition of the Endangered Species Act (ESA). MPF's motion contends that PETA’s counterclaim is based on allegations that they failed to comply with the Animal Welfare Act, not the ESA. MPF further contends that because the chimpanzees at its facility were lawfully in captivity and under the auspices of the AWA as administered by the USDA–APHIS, so the chimpanzees cannot be subject to a “take” under the ESA. They further argued that PETA lacked standing as the AWA preempts or supersedes the ESA as to animals held at USDA licensed facilities. Because the AWA does not allow citizen suits, MPF argued, the case must be dismissed. After examining similar cases, this court concluded that claims under the AWA and ESA are complementary and do not conflict, and that the ESA protects captive animals regardless of whether the alleged violator is an AWA licensed entity. The court found that the allegations by PETA are sufficient at this stage of the case and issues of proof are reserved for trial. As such, the court denied the motions of the counterclaim defendants. | Case | |
| Marine Mammal Conservancy, Inc. v. Department of Agr. | 134 F.3d 409 (D.C. Cir. 1998) | 328 U.S.App.D.C. 253, 28 Envtl. L. Rep. 20,538 |
A nonprofit organization petitioned for review of the order of administrative law judge (ALJ) which denied organization's motion to intervene in administrative proceedings under Animal Welfare Act. The Court of Appeals held that the organization's failure to appeal administrative denial to judicial officer precluded judicial review of ALJ's actions. |
Case |