No. 21-1489 August Term 2021.

60 F.4th 16 (2023)

AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, Plaintiff-Appellant, v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE, United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 16, 2023.

Attorney(s) appearing for the Case

Kathleen R. Hartnett , Cooley LLP, San Francisco, CA ( Patrick Hayden , Cooley LLP, New York, NY, and Erin Estevez , Holland & Knight, Tysons, VA, on the brief), for Plaintiff-Appellant.

Natasha W. Teleanu , Assistant United States Attorney ( Benjamin H. Torrance , Assistant United States Attorney, on the brief), for Damian Williams , United States Attorney for the Southern District of New York, New York, NY.

Judge Menashi concurs in a separate opinion.

Plaintiff-Appellant the American Society for the Prevention of Cruelty to Animals ("ASPCA") appeals the judgment of the district court granting judgment on the pleadings to Defendants-Appellees the U.S. Department of Agriculture and the Animal and Plant Health Inspection Service ("APHIS"), a component agency of the Department (together, "the...

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