Richey rules again on Animal Welfare Act
From ANIMAL PEOPLE, Jan/Feb 1997:
WASHINGTON D.C.––An October 29 ruling
by U.S. District Court Judge Charles Richey that USDA
regulations issued under the Animal Welfare Act in fact
violate the AWA has a quality of deja vu.
In fact, Judge Richey issued a similar opinion
on March 29, 1991, but was overruled on July 25,
1994, by a three-judge panel of the U.S. Court of
Appeals, which held that the plaintiffs, the Animal
Legal Defense Fund and Roseann Circelli, Mary Eagan,
and Marc Jurnove as individuals, lacked standing to
bring the case.
The ALDF then restructured and refiled the
case. While Richey ruled again, as he did in the first
case, that the ALDF does have standing to pursue it, an
inevitable appeal by the USDA will almost certainly
again focus on the matter of standing, as have most
cases brought on behalf of animals, and it is not clear
that the Court of Appeals will this time agree with
Richey.