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Exposing Animal Abusers: Update on the Animal Welfare Blackout

Animal Legal Defense Fund: “In early 2017, the U.S. Department of Agriculture (USDA) purged tens of thousands of important documents related to animal welfare from the agency’s website. The purged inspection reports documented violations of the federal Animal Welfare Act (AWA) and inhumane treatment of animals in research labs, zoos, circuses, and puppy mills, as well as by animal transporters. The agency also purged enforcement action records such as official warning letters, stipulations, pre-litigation settlement agreements, and administrative complaints against facilities violating the AWA. On February 22, 2017 the Animal Legal Defense Fund, leading a coalition of organizations including Stop Animal Exploitation NOW!, Companion Animal Protection Society, and Animal Folks, sued the USDA. The lawsuit argued that the removal of the documents violated both the Freedom of Information Act (FOIA) and the Administrative Procedure Act (APA). Last month, the Animal Legal Defense Fund won a critical victory in the fight to restore transparency to the animal welfare database — the Ninth Circuit Court of Appeals reinstated our lawsuit after the district court dismissed it two years earlier…The Animal Legal Defense Fund’s lawsuit contends that the USDA’s decision to remove public access to the databases violated FOIA, which requires agencies to make publically available certain types of records including final opinions and orders, policy statements, and frequently requested records. The lawsuit also contended that the removal violated the APA, which prohibits agencies from taking actions that are “arbitrary, capricious, an abuse of discretion, or otherwise no in accordance with law[.]” The USDA itself has acknowledged that the records in question are “frequently requested” and that the database “has been a valuable resource for thousands of stakeholders searching for information about individuals and facilities regulated under the Animal Welfare Act.”…

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