ANIMAL LEGAL DEFENSE FUND, INC. v. GLICKMAN

Nos. 97-5009, 97-5031 and 97-5074

154 F.3d 426 (1998)

ANIMAL LEGAL DEFENSE FUND, INC., et al., Appellees, v. Daniel R. GLICKMAN, Secretary of Agriculture, et al., and National Association for Biomedical Research, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 1, 1998.


Attorney(s) appearing for the Case

Stephen W. Preston, Deputy Assistant Attorney General, United States Department of Justice, argued the cause for appellants Daniel R. Glickman, et al., with whom Frank W. Hunger, Assistant Attorney General, Wilma A. Lewis, United States Attorney, Eric H. Holder, Jr., United States Attorney at the time the briefs were filed, Michael Jay Singer and John S. Koppel, Attorneys, were on the briefs.

Harris Weinstein argued the cause for appellant National Association for Biomedical Research, with whom Michael G. Michaelson and Gail H. Javitt were on the briefs.

Katherine A. Meyer argued the cause for appellees, with whom Valerie J. Stanley was on the briefs.

Andrew L. Frey was on the briefs for amicus curiae Pharmaceutical Research and Manufacturers of America.

Leslie G. Landau, Susan Hoffman and Tiffany R. Hedgpeth were on the briefs for amicus curiae The Jane Goodall Institute for Wildlife Research, Education and Conservation.

Before: EDWARDS, Chief Judge, WALD, SILBERMAN, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL and GARLAND, Circuit Judges.


Argued in banc May 13, 1998.

Opinion for the Court filed by Circuit Judge WALD.

Dissenting Opinion filed by Circuit Judge SENTELLE, with whom SILBERMAN, GINSBURG and KAREN LeCRAFT 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...

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