(Download) "Animal Legal Defense Fund Inc. v. Glickman" by District of Columbia Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Animal Legal Defense Fund Inc. v. Glickman
- Author : District of Columbia Circuit U.S. Court of Appeals
- Release Date : January 01, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 110 KB
Description
Argued in banc May 13, 1998 Dissenting Opinion filed by Circuit Judge Sentelle, with whom Silberman, Ginsburg and Henderson, Circuit Judges, join. Wald, Circuit Judge: The 1985 amendments to the Animal Welfare Act (""AWA"") direct the Secretary of Agriculture to ""promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors."" Pub. L. No. 99-198, § 1752, 99 Stat. 1354, 1645 (1985) (codified at 7 U.S.C. § 2143(a) (1994)). They further provide that such standards ""shall include minimum requirements"" for, inter alia, ""a physical environment adequate to promote the psychological well-being of primates."" Id. Pursuant to this authority, the United States Department of Agriculture (""USDA"") issued regulations for primate dealers, exhibitors, and research facilities that included a small number of mandatory requirements and also required the regulated parties to ""develop, document, and follow an appropriate plan for environment enhancement adequate to promote the psychological well-being of nonhuman primates. The plan must be in accordance with the currently accepted professional standards as cited in appropriate professional journals or reference guides, and as directed by the attending veterinarian."" 9 C.F.R. § 3.81 (1997). Although these plans must be made available to the USDA, the regulated parties are not obligated to make them available to members of the public. See id.
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