ANIMAL LEGAL DEFENSE FUND, INC., et al. v. Mike ESPY, in his Official Capacity as Secretary, United States Department of Agriculture, et al., Appellants.
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Plaintiff brought suit challenging regulation promulgated by Department of Agriculture that failed to include birds, rats, and mice as "animals" within the Federal Laboratory Animal Welfare Act (FLAWA). Defendant's motion to dismiss the case was denied by the District Court. District Court granted plaintiffs' motion for summary judgment. Defendant appealed the District Court's decision, and majority opinion of the Appeals Court held that plaintiffs could not demonstrate both constitutional standing to sue and statutory right to judicial review under Administrative Procedure Act (APA). Appeals Court vacated and remanded summary judgement of District Court.
See, Animal Legal Defense Fund v. Madigan, 781 F.Supp. 797 (D.D.C. 1992);
23 Federal Reporter, 3d Series. (Book)
Institutional History Division, Smithsonian Institution Archives, 600 Maryland Avenue, S.W., Washington, D.C. 20024-2520, [email protected]
23 F.3d 496 (D.C. Cir. 1994)
Smithsonian Legal Documents
Title 07, Agriculture
Court case
Number of pages: 12; Page Numbers: 496-507