Coalition of Animal Protection Organizations Sues USDA for Animal Welfare BlackoutPosted on February 22, 2017
Lawsuit argues removal of online animal welfare records violates the Freedom of Information Act and the Administrative Procedure Act
SAN FRANCISCO – Today, the Animal Legal Defense Fund sued the United States Department of Agriculture (USDA) for removing tens of thousands of animal welfare records from the agency’s website. According to the lawsuit, the USDA’s decision to remove the records violates both the Freedom of Information Act (FOIA) and the Administrative Procedure Act (APA). The removed documents revealed inhumane treatment of animals at thousands of research laboratories, roadside zoos and puppy mills across the country.
The lawsuit, filed in the Northern District of California on behalf of a coalition of animal protection organizations, contends that the USDA violated FOIA, which requires federal agencies to affirmatively disclose final orders and frequently requested records. It also argues that the USDA violated the APA, which prohibits agencies from taking actions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law[.]” If the coalition is successful with its claim under the APA, the USDA would be required to resume posting the records online so they are available to the public.
The Animal Legal Defense Fund is joined in the lawsuit by Stop Animal Exploitation NOW!, Companion Animal Protection Society and Animal Folks. The USDA’s decision to stop posting records significantly burdens the organizations because they must now manage voluminous FOIA requests to access the same records, potentially pay large fees, and wait for several months or even years to obtain records previously accessible immediately online at no cost.
Public access to these records is especially important in light of the USDA’s chronically lackadaisical enforcement of the federal Animal Welfare Act (AWA). The Office of Inspector General, an oversight division of the USDA, regularly finds that the USDA renders its enforcement of the AWA largely ineffective by not aggressively pursuing enforcement actions against substandard facilities and by significantly discounting penalties even when it does pursue enforcement action.
“The USDA itself needs oversight due to its continual failure to adequately enforce the federal Animal Welfare Act,” says Animal Legal Defense Fund Executive Director Stephen Wells. “The information blackout is a tremendous blow to transparency and undermines advocates who are working to protect hundreds of thousands of animals across the country.”
The plaintiffs filing today’s lawsuit regularly utilized the USDA database and enforcement actions page to obtain records about the conditions of animals at facilities regulated under the AWA, such as research laboratories, puppy mills and zoos around the country. In turn, these organizations use the records to advocate for stronger animal protection policies, confront the USDA over inadequate regulation of substandard facilities, supply evidence for law enforcement action and build legal cases against especially egregious violators. The Animal Legal Defense Fund relied on these records in its groundbreaking Endangered Species Act (ESA) victory against the Cricket Hollow Animal Park (previously Cricket Hollow Zoo), a roadside zoo that cruelly confined endangered animals in inhumane conditions. It was the first victory applying the ESA to protect animals in captivity.
The organizations are represented pro bono by Margaret Kwoka, Associate Professor at University of Denver Sturm College of Law.
For more information visit, aldf.org.