Regulation

A law is only as strong as its rate of enforcement

The Animal Legal Defense Fund brings lawsuits to enforce animal protection laws. But sometimes we aren’t able to sue, to help animals who are being harmed.

This may be because there is no law being violated, or because the government agencies charged with enforcing the laws refuse to do so and we do not have the standing to bring a lawsuit ourselves.

Government agencies are often tasked with interpreting and implementing laws. This includes regulations that agencies create and execute. The body of law involving these agencies is called “administrative law,” and the process of enacting and enforcing rules and regulations is the “regulatory process.”

We advocate for better, stronger animal protection laws and regulations. And we also use the regulatory process, to urge agencies to fulfill their duties and protect animals to the extent required by the law.

Here are some ways that the Animal Legal Defense Fund works within the regulatory process to protect animals:

  • We file petitions for rulemaking: The Administrative Procedures Act allows any person or organization to request that a federal agency issue, amend or repeal a rule or regulation. We ask for tougher regulations and rules that are within the agency’s purview.
  • We submit comments on proposed rules and regulations: Agencies considering changes to rules or regulations, or new rules or regulations, will solicit comments from the public and interested organizations. These comments must be considered, before the proposed changes may be made.
  • We also put out alerts encouraging the public to submit comments of their own so the agency will aware that this is an issue people care about — and, with a critical mass of comments, will be inclined to respond to the public’s concerns. This is a critically important part of the regulatory process.
  • We ask agencies to fulfill their regulatory duties: Regulations and rules must be enforced, to be effective. The Animal Legal Defense Fund urges agencies to fulfill their regulatory duties, when they have failed to do so — and we issue alerts asking the public to do the same.This is an especially helpful course of action when someone is violating the law in ways that harm animals, but there is no “standing” for us to bring a lawsuit.

When possible and necessary, these requests may be followed by lawsuits, asking courts to compel agencies to fulfill their legal duties.

Recent Cases

Urging the USDA to Stop Rubber-Stamping Animal Welfare Act Licenses

In 2017, the Animal Legal Defense Fund submitted comments to the U.S. Department of Agriculture urging changes to the way the agency grants Animal Welfare Act (AWA) license renewals.
bobcat

Urging Humboldt County, CA to Terminate Contract with Wildlife-Killing Federal Agency

The Animal Legal Defense Fund sent a letter to the Humboldt County Board of Supervisors and Humboldt County Agriculture Commissioner, urging them to terminate their contract with the U.S. Department of Agriculture’s Wildlife Services.

Federal Trade Commission Urged to Investigate Pet Leasing Industry

The Animal Legal Defense Fund sent a complaint to the Federal Trade Commission (FTC) urging it to investigate the pet leasing industry for deceiving consumers.

Ending Research on Captive Chimpanzees

The Animal Legal Defense Fund filed comments to the National Institutes of Health urging the agency to adopt a proposal to severely restrict research on captive chimpanzees.

Seek Permit Revocation of Puerto Rico Zoo

The Animal Legal Defense Fund submitted complaints to the Puerto Rico Department of Agriculture and the Department of Natural and Environmental Resources. More than 100 animals live in abysmal conditions at Puerto Rico’s only official zoo.

Urging OSHA and USDA to investigate zookeeper death

The Animal Legal Defense Fund called on OSHA and the USDA to investigate the Palm Beach Zoo in West Palm Beach, Florida, after a zookeeper was killed by a tiger.

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