PEOPLE FOR ETHICAL TREATMENT v. U.S. DEPT OF AGR.

No. 16-2029.

861 F.3d 502 (2017)

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Sonny Perdue, in his official capacity as Secretary of the United States Department of Agriculture, Defendants-Appellees. The Fund for Animals; The Humane Society of the United States; Delcianna J. Winders, Academic Fellow, Animal Law & Policy Program, Harvard Law School, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 28, 2017.


Attorney(s) appearing for the Case

ARGUED: Katherine Anne Meyer , MEYER GLITZENSTEIN & EUBANKS, LLP, Washington, D.C., for Appellant. Matthew Fesak , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees. ON BRIEF: Jonathan D. Sasser , ELLIS & WINTERS LLP, Raleigh, North Carolina; Jenni R. James , PETA FOUNDATION, Washington, D.C., for Appellant. John Stuart Bruce , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees. Anna Frostic , Laura Friend , Laura Fox , Kim Ockene , THE HUMANE SOCIETY OF THE UNITED STATES, Washington, D.C., for Amici The Humane Society of the United States and The Fund for Animals. John Vail , JOHN VAIL LAW PLLC, Washington, D.C., for Amicus Delcianna J. Winders.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Wilkinson and Judge Keenan joined.


People for the Ethical Treatment of Animals ("PETA") challenges the license renewal process for animal exhibitors promulgated by the United States Department of Agriculture ("USDA"), through which the USDA may renew such license despite a licensee's noncompliance with the Animal Welfare Act ("AWA" or "the Act"). PETA argues...

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