{"id":577,"date":"2024-04-06T14:22:20","date_gmt":"2024-04-06T18:22:20","guid":{"rendered":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/?p=577"},"modified":"2024-04-06T14:22:20","modified_gmt":"2024-04-06T18:22:20","slug":"usda-and-doj-announce-top-priorities-for-civil-enforcement-of-the-animal-welfare-act","status":"publish","type":"post","link":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/2024\/04\/06\/usda-and-doj-announce-top-priorities-for-civil-enforcement-of-the-animal-welfare-act\/","title":{"rendered":"USDA and DOJ Announce Top Priorities for Civil Enforcement of the Animal Welfare Act"},"content":{"rendered":"

By Michelle C. Pardo and Brian Pandya<\/strong><\/p>\n

Last month, the Department of Justice Environmental and Natural Resources Division (ENRD), the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) and the USDA Office of General Counsel (OGC) announced the issuance of a Memorandum of Understanding (MOU)<\/a> on civil judicial enforcement of the Animal Welfare Act (AWA).\u00a0 What does this mean for USDA licensees and registrants?\u00a0 Our Q&A breaks it down.<\/p>\n

What is the purpose of an MOU?<\/strong><\/p>\n

Government agencies with overlapping enforcement equities will often enter into MOUs to outline how they will interact and coordinate on enforcement actions.\u00a0 The MOU procedures assist the agencies to prospectively prepare for and coordinate potential civil enforcement actions.\u00a0 This MOU establishes a framework for notification, consultation and coordination among APHIS, USDA\u2019s General Counsel, and ENRD to enforce the AWA. The MOU\u2019s framework formalizes procedures for regular meetings, coordination on enforcement referrals, information sharing and additional training for employees. \u00a0The MOU also memorializes the joint practices of these agencies over the past few years.<\/p>\n

Is a civil judicial action different than an USDA administrative enforcement action?<\/strong><\/p>\n

Yes.\u00a0 The federal government has different means to enforce the Animal Welfare Act.\u00a0 Most licensees are familiar with APHIS\u2019s most common means to enforce the AWA \u2013 through inspections and noncompliance citations, which require corrective actions.\u00a0 APHIS can decide to issue an official warning or a settlement agreement, which could include a monetary penalty or other sanction and is quicker and less costly than litigation.\u00a0 APHIS can also decide to pursue formal, legal prosecution through the administrative law process, which involves an administrative law judge, hearing, and a mechanism for appeal.\u00a0 Through this process, APHIS has authority to confiscate animals, suspend licenses, revoke licenses, issue cease and desist orders, and impose civil penalties.\u00a0 Lastly, APHIS also refers cases to DOJ for judicial actions in federal district courts to enjoin or restrain violations of the AWA and to enforce unpaid civil penalties imposed through the administrative process.\u00a0 The MOU deals with these referrals for civil federal court actions.<\/p>\n

Does the MOU list any enforcement priorities?<\/strong><\/p>\n

Yes.\u00a0 The MOU states that the USDA and ENRD are focused on \u201cthe matters that are most likely to make a positive impact on the welfare of animals\u201d and otherwise further the AWA\u2019s purposes.\u00a0 MOU at 4.\u00a0 The enforcement priorities also target suspected violations of the Lacey Act or Endangered Species Act.\u00a0 The agencies\u2019 coordination is intended to focus on \u201cthe most egregious violators\u201d based on the following criteria:<\/p>\n