Articles Posted in US Court of Appeals for the District of Columbia Circuit

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The DC Circuit affirmed the Service's 2014 and 2015 findings that information concerning the size of the Zimbabwean elephant population and status of conservation efforts in Zimbabwe did not support a conclusion that killing the animal would enhance the survival of the species. The court rejected appellants' contention that the Service erred because it applied a standard that was more stringent than the "enhance" standard in the Service's regulation. However, the court reversed the district court's grant of summary judgment in favor of the Service on a claim under the Administrative Procedure Act (APA), 5 U.S.C. 553, because the Service erred in adopting the findings without first following the notice-and-comment rulemaking requirements of the APA. The court remanded with instructions. View "Safari Club International v. Zinke" on Justia Law

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The Animal Welfare Act's (AWA), 7 U.S.C. 2133, compliance demonstration requirement does not unambiguously preclude USDA's license renewal scheme and the scheme is not facially unreasonable. In this case, plaintiffs filed suit challenging the USDA's most recent renewal of a license for animal exhibitors (Cricket Hollow Zoo), alleging that, at the time of the renewal, the agency was aware that Cricket Hollow was in violation of numerous animal welfare requirements under the Act and its implementing regulations. The DC Circuit held that the agency's renewal scheme was consistent with the demonstration requirement in section 2133. Because the agency's decision to renew the Cricket Hollow Zoo license was made in compliance with that regulatory scheme, it was not inconsistent with the Act. Therefore, the court affirmed the district court's judgment on the statutory claim; vacated the district court's order granting the Government's motion to dismiss plaintiffs' arbitrary and capricious claim; and remanded to the district court with instructions to remand the record to the agency for further proceedings. View "Animal Legal Defense Fund v. Perdue" on Justia Law