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ANIMAL LEGAL DEFENSE FUND, INC. v. ESPY

No. 92-5105.

23 F.3d 496 (1994)

ANIMAL LEGAL DEFENSE FUND, INC., et al. v. Mike ESPY, in his Official Capacity as Secretary, United States Department of Agriculture, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1994.

Rehearing and Suggestion for Rehearing Denied August 10, 1994.

Attorney(s) appearing for the Case

Raymond W. Fullerton, Asst. Gen. Counsel, U.S. Dept. of Agriculture, argued the cause, for appellants. With him on the briefs was James Michael Kelly, Associate Gen. Counsel, U.S. Dept. of Agriculture.

Valerie J. Stanley, argued the cause and filed the brief for appellees. Kathleen V. Yurchak, entered an appearance, for amicus curiae Institute for Animal Rights Law, International Soc. for Animal Rights and Citizens for Animals.

Before WILLIAMS, SENTELLE, and HENDERSON, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied August 10, 1994.

Opinion for Court filed by Circuit Judge SENTELLE.

Opinion concurring in part and dissenting in part filed by Circuit Judge STEPHEN F. WILLIAMS.

SENTELLE, Circuit Judge:

Two individuals and two organizations jointly brought suit against the Secretary of Agriculture under the Administrative Procedure Act ("APA"), 5 U.S.C. § 551 et seq. (1988). The plaintiffs alleged...

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