PETA v. U.S. DEPT. OF AGRICULTURE

No. 14-5157.

797 F.3d 1087 (2015)

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, Appellant. v. UNITED STATES DEPARTMENT OF AGRICULTURE and Thomas J. Vilsack, in his OFficial Capacity as Secretary of the United States Department of Agriculture, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 11, 2015.


Attorney(s) appearing for the Case

Matthew D. Strugar argued the cause for the appellant. Jeffrey S. Kerr and Delcianna Winders were with him on brief.

William E. Havemann , Attorney, United States Department of Justice, argued the cause for the appellees. Ronald C. Machen , United States Attorney at the time brief was filed, and Michael J. Singer , Attorney, were with him on brief.

Dubitante opinion filed by Circuit Judge MILLETT.


In 2004, the United States Department of Agriculture (USDA or Agency) announced that, for the first time, it intended to apply the protections of the Animal Welfare Act (AWA or Act), 7 U.S.C. §§ 2131 et seq., to birds. Although the Agency has taken steps to craft avian-specific animal welfare...

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