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AMERICAN ANTI-VIVISECTION SOC. v. U.S. DEPT. OF AGRI

No. 19-5015.

946 F.3d 615 (2020)

AMERICAN ANTI-VIVISECTION SOCIETY and Avian Welfare Coalition, Appellants v. UNITED STATES DEPARTMENT OF AGRICULTURE and Sonny Perdue, in his official capacity as United States Secretary of Agriculture, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 10, 2020.

Attorney(s) appearing for the Case

Lyle D. Kossis , Richmond, VA, argued the cause for appellants. With him on the briefs was E. Rebecca Gantt , Norfolk, VA.

John S. Koppel , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was Mark B. Stern , Attorney.

Before: Tatel, Pillard, and Wilkins, Circuit Judges.

Eighteen years ago, Congress amended the Animal Welfare Act to require the U.S. Department of Agriculture (USDA) to issue standards "govern[ing] the humane handling[ ] [and] care" of "birds" not "bred for use in research." 7 U.S.C. §§ 2143(a)(1), 2132(g). Because USDA has...

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