Animal Welfare Act
Title |
Summary |
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| N.Y. Pet Welfare Ass'n, Inc. v. City of N.Y. |
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. |
| Northern Ireland - Animal Welfare - Welfare of Animals Act (Northern Ireland) 2011 | |
| Overview of Great Apes under the Animal Welfare Act | This is a brief overview of the regulation of Great Apes under the Animal Welfare Act. |
| Overview of Medical Research Animals | This overview examines various federal regulations on animal biomedical testing within the United States as well as the industry’s standards and trends. The application of the federal Animal Welfare Act and regulations issued by the Food and Drug Administration (FDA) and the National Institutes of Health (NIH) are discussed. The importance of self-regulation mainly through the Association for Assessment and Accreditation of Laboratory Animal Care (AAALAC) is also outlined. |
| Overview of U.S. Animal Welfare Act |
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| Overview of Welfare Standards for Animals Used in Zoos and Exhibition | This overview describes federal, state, and private regulation of zoos, aquariums, and sanctuaries. It highlights the ways in which these regulatory mechanisms fail to adequately protect captive wildlife, whether they be held at larger, accreditor facilities or small, roadside zoos. It also highlights meaningful distinctions separating credible zoos, aquariums, and sanctuaries from problematic roadside zoos through compliance with government standards or those set through voluntary, private accreditation. |
| Pearson v. U.S. Dept. of Agriculture |
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| People for Ethical Treatment of Animals, Inc. v. United States Department of Agriculture | 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) |
| People for Ethical Treatment of Animals, Inc. v. Wildlife in Need & Wildlife in Deed, Inc. | 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. |
| People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture | 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). |