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ANIMAL LEGAL DEFENSE FUND v. U.S. DEPARTMENT OF AGRICULTURE

No. 17-16858.

935 F.3d 858 (2019)

ANIMAL LEGAL DEFENSE FUND; Stop Animal Exploitation Now; Companion Animal Protection Society; Animal Folks, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Animal and Plant Health Inspection Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2019.

Attorney(s) appearing for the Case

Margaret B. Kwoka (argued), Sturm College of Law, University of Denver, Denver, Colorado; Christopher Berry and Matthew Liebman , Animal Legal Defense Fund, Cotati, California; John S. Rossiter and Lindsey E. Dunn , Perkins Coie LLP, San Francisco, California; for Plaintiffs-Appellants.

Daniel Tenny (argued) and Michael S. Raab , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Scott L. Nelson and Patrick D. Llewellyn , Public Citizen Litigation Group, Washington, D.C., for Amicus Curiae Public Citizen, Inc.

Robert G. Hensley , Legal Advocacy Senior Counsel, American Society for the Prevention of Cruelty to Animals, New York, New York, for Amicus Curiae American Society for the Prevention of Cruelty to Animals.

Dissent by Judge Callahan.

OPINION

The Freedom of Information Act ("FOIA") requires federal agencies to make certain agency records "available for public inspection in an electronic format." 5 U.S.C. § 552(a)(2). FOIA's judicial-review provision authorizes district courts to enjoin violations of this "reading-room" provision. See...

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