Critical Perspectives on Animal Testing by Kimberly Coates

Author:Kimberly Coates
Language: eng
Format: epub
Publisher: Enslow Publishing, LLC
Published: 2019-08-27T00:00:00+00:00

EXCERPT FROM ALTERNATIVES RESEARCH AND DEVELOPMENT FOUNDATION, ET AL. V. DANIEL GLICKMAN, SECRETARY OF AGRICULTURE, ET AL., FROM THE UNITED STATES DISTRICT COURT, DISTRICT OF COLUMBIA, JUNE 21, 2000

The plaintiffs, a non-profit organization, a private firm and an individual, allege that the defendants, the Secretary of the United States Department of Agriculture (“USDA”) and the Deputy Administrator for Animal Care, Animal Plant Health Inspection Service, have violated the mandate of the Animal Welfare Act (“AWA”), 7 U.S.C. § 2131, etseq., by promulgating regulations that exclude birds, mice and rats from the definition of “animal” under the Act. Defendants move to dismiss on the grounds that all three plaintiffs lack standing to bring suit. In the alternative, defendants move to dismiss based on the grounds that the Secretary’s exclusion of the three species is within his Congressionally delegated discretion and is therefore not subject to judicial review. Even if judicial review is appropriate, defendants argue that the Court should still dismiss the case out of deference to the USDA’s reasonable interpretation of the AWA. Finally, defendants assert that the Court, in its discretion, should stay this lawsuit as premature on the grounds that the agency has under its consideration a petition brought by plaintiffs herein to amend its regulations to include protection for birds, rats and mice.

Based on a review of the pleadings, the record and the governing case law, this Court concludes that: (1) defendants’ challenge to plaintiff Kristine Gausz’s constitutional standing must be rejected as inconsistent with this Circuit’s en banc decision in Animal Legal Defense Fund, Inc. v. Glickman, 154 F.3d 426 (D.C.Cir.1998) (hereinafter “ALDF III”); (2) the AWA does not grant to the USDA unreviewable discretion to determine which animals are covered under the AWA; (3) there is insufficient evidence at this stage to permit a determination as to whether defendants’ exclusion of these animals is reasonable; and (4) there is no basis to stay the lawsuit as being premature since it is purely speculative at this time whether any future agency action will change the status quo.

BACKGROUND

Congress enacted the AWA to ensure that “animals intended for use in research facilities … are provided humane care and treatment.” 7 U.S.C. § 2131(1). The Act grants authority to the Secretary of Agriculture to promulgate regulations for the treatment of animals consistent with the stated purpose of the Act. 7 U.S.C. § 2143(a)(1). At issue in this case is the Secretary’s definition of “animal,” which the plaintiffs contend is unlawful in light of the statutory language of the AWA.

The AWA defines “animal” as:

any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warm-blooded animal, as the Secretary may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet.

7 U.S.C. § 2132(g).

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