Tag Archives: agency action unlawfully withheld

Eighth Circuit Upholds Trump Administration’s Scuttling of Packers and Stockyards Act Rules

By John M. Simpson.

The U.S. Court of Appeals for the Eighth Circuit recently denied a petition for review of the Secretary of Agriculture’s actions to withdraw interim final and proposed regulations under the Packers and Stockyards Act (PSA).  Organization for Competitive Markets, et al., v. Dep’t of Agriculture, et al., No. 17-3723 (8th Cir. Dec. 21, 2018).  The  interim final and proposed rules had been issued by the U.S. Department of Agriculture (USDA) in the Obama Administration in late 2016 but were scuttled by the Trump Administration.  Continue reading Eighth Circuit Upholds Trump Administration’s Scuttling of Packers and Stockyards Act Rules

Court Dismisses Challenge to USDA’s Failure to Issue AWA Avian Regulations

By John M. Simpson

Earlier this week, a federal district court in Washington, D.C., dismissed an action brought by animal rights organizations challenging the failure of the U.S. Department of Agriculture (USDA) to issue animal welfare regulations specific to birds under the Animal Welfare Act (AWA).  American Anti-Vivisection Soc’y, et al. v. U.S. Dep’t of Agriculture, et al., No. 1:18-cv-01138 (TNM) (D.D.C. Dec. 10, 2018).  While finding that the plaintiffs had pleaded sufficient facts to establish Article III standing to sue, the court rejected their substantive claims under the Administrative Procedure Act (APA):  (i) that USDA’s failure to promulgate regulations applicable to birds was “agency action unlawfully withheld;” and (ii) that USDA’s decision not to issue the standards was arbitrary and capricious, an abuse of discretion and contrary to law.  Continue reading Court Dismisses Challenge to USDA’s Failure to Issue AWA Avian Regulations