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DORIS DAY ANIMAL LEAGUE v. VENEMAN

No. 01-5351.

315 F.3d 297 (2003)

DORIS DAY ANIMAL LEAGUE, et al., Appellees, v. Ann M. VENEMAN, in her official capacity as Secretary, United States Department of Agriculture, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2003.

Attorney(s) appearing for the Case

John S. Koppel, Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and Michael Jay Singer, Attorney, U.S. Department of Justice.

Christine M. Cooper was on the brief for amicus curiae American Kennel Club, Inc., in support of appellants.

Andrew C. Kimbrell, pro hac vice, argued the cause for appellees. Joseph Mendelson III was on the brief.

Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Hundreds of thousands of dog breeders throughout the United States raise and sell puppies from their homes. The Animal Welfare Act requires certain animal "dealers" to be licensed and to submit to inspections. The Act, which is administered by the Department of Agriculture, exempts "retail pet stores" from these requirements. The Secretary defines "retail pet store" as "any outlet...

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