ANIMAL LEGAL DEFENSE FUND, INC. v. GLICKMAN

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

130 F.3d 464 (1997)

ANIMAL LEGAL DEFENSE FUND, INC., et al., Appellees v. Daniel R. GLICKMAN, Secretary, United States Department of Agriculture, et al., Appellants National Association for Biomedical Research, Intervenor-Appellant

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 1997.


Attorney(s) appearing for the Case

John S. Koppel, Attorney, United States Department of Justice, argued the cause for the federal appellants, with whom Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney, Washington, DC, at the time the briefs were filed, and Michael Jay Singer, Attorney, United States Department of Justice, were on the briefs.

Harris Weinstein, Washington, DC, argued the cause and filed the briefs for intervenor-appellant National Association for Biomedical Research.

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

Andrew L. Frey, Washington, DC, was on the brief for amicus curiae Pharmaceutical Research and Manufacturers of America.

Leslie G. Landau, San Francisco, CA, Susan Hoffman, and Tiffany R. Hedgpeth were on the brief for amicus curiae The Jane Goodall Institute for Wildlife Research, Education and Conservation. Barry J. Cutler, Washington, DC, and Joseph R. Austin, Los Angeles, CA, entered appearances.

Before: WALD, SENTELLE and HENDERSON, Circuit Judges.


Opinion for the court filed by Circuit Judge SENTELLE.

Dissenting opinion filed by Circuit Judge WALD.

SENTELLE, Circuit Judge:

An animal welfare group and four individuals sued the United States Department of Agriculture and some of its officials (collectively, "USDA" or "the Department") under the Administrative Procedure Act ("APA"), 5 U.S.C. § 551 et seq. (1988). These plaintiffs argued that a USDA regulation concerning the treatment...

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