American Anti-Vivisection Society v. United States Department of Agriculture, No. 19-5015 (D.C. Cir. 2020)Annotate this Case
The DC Circuit reversed the district court's grant of the USDA's motion to dismiss, based on failure to state a claim, an action brought under the Administrative Procedure Act (APA) by two animal-rights groups, alleging that the agency's failure to issue standards governing the humane handling and care of birds not bred for use in research amounted to arbitrary and capricious action.
The court held that the Coalition has alleged facts sufficient to establish Article III standing, and thus the court need not consider whether the Anti-Vivisection Society too has standing. On the merits, the court held that the Coalition has adequately alleged that USDA has failed to take a discrete agency action that it is required to take. In this case, the Animal Welfare Act was amended eighteen years ago to require USDA to issue standards governing the humane treatment, not of animals generally, but of animals as a defined category of creatures including birds not bred for use in research. USDA has conceded that its general animal-welfare standards are inadequate to ensure the humane treatment of birds, and USDA has yet to fulfill its statutory responsibility to issue standards regarding the humane treatment of birds. Because the issue of whether such action has been unreasonably delayed has been unbriefed, the court remanded for the district court to consider it in the first instance.