Animal Legal Defense Fund v. United States Department of Agriculture

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [67] AND DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT [61]

I. INTRODUCTION

This is an action for judicial review of a final agency decision under the Administrative Procedure Act (“APA”). In 2009, the Food Safety and Inspection Services (“FSIS”)—which administers the Poultry Products Inspection Act, 21 U.S.C. §§ 451-72 (“PPIA”)—denied a rulemaking petition aimed at banning force-fed foie gras 1 from the food supply. Plaintiffs, comprised of four animal rights organizations and three individuals, allege that FSIS’s denial of the petition was arbitrary, capricious, and contrary to law because force-fed foie gras is clearly unfit for human consumption. Defendants respond that Plaintiffs lack Article III standing, that the PPIA does not protect the interests asserted by the animal rights organizations, and that in any event FSIS acted within its discretion in denying the petition. Both parties now move for summary judgment. For the reasons discussed below, the Court concludes that the animal rights organizations have standing to bring this action and that their interests fall within the “zone” of interests protected by the…