ELR Citation: 50 ELR 20022
No(s). 19-5015 (D.C. Cir. Jan 10, 2020)

The D.C. Circuit held that USDA's failure to issue animal welfare standards to protect birds pursuant to the Animal Welfare Act (AWA) violated the APA. Animal rights groups argued that USDA's longstanding failure to promulgate standards for birds was arbitrary and capricious, and sought to compel the agency either to issue bird-specific standards or to apply its general standards to birds. The district court found that the groups failed to sufficiently allege a discrete agency action that USDA was required to take under the AWA, and it thus dismissed the suit for failure to state a claim. On appeal, the groups argued that USDA was obligated by Congress' 2002 amendments to the AWA to issue standards governing the humane treatment of birds not bred for research. The appellate court found that because the AWA as amended requires USDA to issue such standards, the groups adequately alleged that the agency failed to take a "discrete agency action" that it was required to take, in violation of the APA. It therefore reversed the dismissal and remanded to the district court for further proceedings.