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ANIMAL LEGAL DEFENSE FUND, INC. v. PERDUE

No. 16-5073.

872 F.3d 602 (2017)

ANIMAL LEGAL DEFENSE FUND, INC., et al., Appellants v. Sonny PERDUE, Secretary, United States Department of Agriculture and Robert Gibbens, Western Regional Director, Animal and Plant Health Inspection Service, United States Department of Agriculture, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided September 29, 2017.

Attorney(s) appearing for the Case

Stefanie Wilson argued the cause and filed the briefs for appellants. Katherine A. Meyer entered an appearance.

Delcianna J. Winders was on the brief for amicus curiae Delcianna J. Winders in support of plaintiffs-appellants.

Anna E. Frostic was on the brief for amici curiae The Humane Society of the United States and The Fund for Animals in support of plaintiffs-appellants.

Jeremy S. Simon , Assistant U.S. Attorney, argued the cause for appellees. With him on the brief was R. Craig Lawrence , Assistant U.S. Attorney.

Opinion concurring in part and concurring in the judgment filed by Circuit Judge Griffith.

The Animal Welfare Act ("AWA" or "Act") charges the United States Department of Agriculture ("USDA") with administering a licensing scheme for animal exhibitors, including zoos. 7 U.S.C. § 2133 (2012). The Act directs the Secretary of Agriculture ("Secretary") to promulgate regulations governing minimum animal...

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