ALTERNATIVE RESEARCH AND DEV. FOUND. v. VENEMAN

No. 00-5438.

262 F.3d 406 (2001)

ALTERNATIVE RESEARCH AND DEVELOPMENT FOUNDATION, et al., Appellees, v. Ann M. VENEMAN, Secretary, U.S. Department of Agriculture, et al., Appellees. National Association for Biomedical Research, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 7, 2001.


Attorney(s) appearing for the Case

Joesph Mendelson, III, was on the motion to dismiss filed by plaintiffs-appellees Alternative Research and Development Foundation, et al.

Michael Jay Singer and John S. Koppel, Attorneys, U.S. Department of Justice, for federal appellees, were on a pleading in support of the motion to dismiss.

Michael P. Socarras and Elliot H. Scherker, for appellant National Association for Biomedical Research, were on the response to appellees' motion to dismiss.

Before: GINSBURG, Chief Judge; WILLIAMS and RANDOLPH, Circuit Judges.


Opinion for the Court filed PER CURIAM.

ON MOTION TO DISMISS

PER CURIAM:

Alternative Research and Development Foundation filed a petition for rulemaking requesting that the Secretary of Agriculture amend the definition of "animal" in regulations promulgated pursuant to the Animal Welfare Act ("Act") to remove the current exclusion of birds, mice, and rats bred for use in research. Under the Act, the Secretary of Agriculture is authorized to promulgate...

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