Animal Welfare Act: Related Litigation and Other Efforts

Authors

Joyce Tischler, Lewis & Clark Law School
Valerie Stanley
Jenni James
Kathy Meyer

First Page

225

Abstract

Joyce Tischler discusses the background of the Animal Welfare Act from the 1971 definitional change of the term “animal” to the 1985 Amendment for improved standards. Her organization, Animal Legal Defense Fund, was the first to litigate the AWA’s terms and the U.S. Department of Agriculture’s regulations. Valerie Stanley expands upon the 1985 Amendment’s requirements regarding primates and the regulatory struggles Animal Legal Defense Fund faced therein. Jenni James discusses Article III standing and the difficulties in getting into court due to a general reluctance to recognize plaintiffs as satisfying standing under the AWA. She also discusses the courts preference to give agencies deference and the subsequent consequences that imposes on the regulatory scheme. Katherine Meyer discusses the effects of the U.S. Department of Agriculture’s tendency to not aggressively enforce the Animal Welfare Act and the necessity of adding a citizen suit provision to the Act.

Recommended Citation

Joyce Tischler, Valerie Stanley, Jenni James & Kathy Meyer, Animal Welfare Act: Related Litigation and Other Efforts, 25 Animal L. Rev. 225 (2019).
Available at: https://lawcommons.lclark.edu/alr/vol25/iss2/8