District of Columbia

Summary: The Humane Society submitted two Freedom of Information Act requests to the Animal and Plant Health Inspection Service. One was for site-inspection reports and the other was for inspection records for specific animal dealers and exhibitors. The Service released nine pages of inspection records in full but redacted information from the other 127 pages citing FOIA exemptions 6 and 7 that deal with privacy concerns. The Humane Society alleged that the redactions were improper and both parties filed Cross-Motions for Summary Judgment. The Court found that the bulk of the Service’s redactions were improper under exemption 6 because the information did not implicate a licensee’s personal privacy interests. Exemption 6 was meant to protect individuals from public disclosure of intimate details of their lives. Details about a business’ compliance with regulations and statutes does not relate to intimate personal details. It only relates to business activities. Information about business judgments and relationships do not qualify for redaction. However, a substantial privacy interest is anything greater than a de minimus privacy interest and the licensees and third-parties had more than a de minimus privacy interest in their names, addresses, and contact information. The licensees were also homestead businesses meaning that the location of their business also served as their residence. The Court weighed the privacy interest in non-disclosure against the public interest in the release of the records and ultimately found that although the licensees and third parties had a substantial privacy interest in their names, addresses, and contact information, they only had a de minimus privacy interest in the other information that they withheld from the reports. If no significant privacy interest is implicated, FOIA demands disclosure. The service was required to disclose all reasonably segregable portions of the records that do not include identifying information. The Court found the Humane Society’s argument unpersuasive that releasing the addresses of the licensees would serve the public interest. The Service properly withheld the licensees’ addresses and names of third-party veterinarians. Exemption 7 allows for agencies to withhold information compiled for law enforcement purposes, but only to the extent that the production of those law enforcement records could reasonably be expected to constitute an unwarranted invasion of personal privacy. The Humane Society argued that inspection reports are not compiled for law enforcement purposes because the existence of such a report does not, on its face, reveal that there is any particular enforcement or investigatory action occurring. The Court found that the inspection records relate to the Service’s responsibility to enforce the AWA and ensure that licensees are in compliance, therefore, there was a nexus between the reports and the Service’s law enforcement duties. The Court also conducted the same balancing test that they did with exemption 6 and held that the Service releasing information other than the licensees’ addresses and third parties’ names could not reasonably be expected to constitute an unwarranted invasion of personal privacy. The Service properly withheld the licensees’ addresses and contact information and despite the Service’s improper withholding of dates, inspection narratives, animal inventories, etc., the Court found that they had otherwise met their burden of releasing all reasonably segregable information. Both the Plaintiff’s and Defendant’s Cross-Motions for Summary Judgment were granted in part and denied in part.

Summary: The plaintiffs, People for the Ethical Treatment of Animals, sought documents from the Animal and Plant Health Inspection Service (“APHIS”), the entity within the United States Department of Agriculture (“USDA”) that administers the Animal Welfare Act (“AWA”). The USDA took a large amount of documents off of its website relating to AWA compliance. The USDA claimed that the removal was for the purpose of removing certain personal information and although they did not say that the removal was temporary, the agency described the removal as provisional which suggests that it is temporary in nature. The plaintiffs filed suit asking for declaratory and injunctive relief and invoking a provision known as FOIA’s reading room provision (5 U.S.C. section 552(a)(2)). The provision requires that agencies make available for public inspection in an electronic format five categories of documents. The plaintiffs allege that the agency removed (1) research facility annual reports; (2) inspection reports; (3) lists of entities licensed under the AWA; and (4) regulatory correspondence and enforcement records that had not yet received final adjudication. Category 4 and the portion of category 2 consisting of animal inventories were dismissed and not discussed in this case. Categories 1-3 appeared to be reposted by the agency which is why the district court dismissed them as moot. The appeal centers on the reposted records and the dismissal of the plaintiff’s claims by the district court. Ultimately the Court held that for the reposted records featuring new redactions, the complaint was most plausibly read as requesting that USDA repost all information that those records contained before their takedown. The Court stated that the district court should proceed to the merits on remand. As to “voluntary cessation,” the Court affirmed the mootness dismissal as to the research reports but remanded for further explanation as to the inspection reports and the entity lists. If the agency unambiguously commits to continued posting of those documents, plaintiffs' claims should be dismissed as moot, without discovery, even if USDA continues to regard its postings as voluntary.

Summary: These laws from 2018 allow food establishments in D.C. to permit dogs in outdoor dining areas of food establishments or unenclosed sidewalk cafés. These establishments must post signage outside that states dogs are permitted along with any restrictions on dogs based on size or temperament. They must also provide an entrance that does not require dogs to enter an indoor dining area or an area in which food is being stored or prepared to access the outdoor dining area and provide patrons with waste bags and a means of proper disposal. Patrons must keep their dog in a carrier or on a leash at all times and never leave the dogs unattended.

Summary: In this case, the Animal Legal Defense Fund (ALDF) sought to intervene on a proceeding dealing with the United States Department of Agriculture (USDA) and a family owned-zoo in Iowa for alleged violations of the Animal Welfare Act. The USDA was seeking enforcement of the Animal Welfare Act against the Iowa zoo and the ALDF sought to intervene because it has long criticized the zoo's care and handling of its animals. The ALDF was prevented from intervening by the administrative law judge (ALJ) that was presiding over the matter. The ALJ did not allow the ALDF to intervene in the matter on the basis that the “ALDF’s stated interests were beyond the scope of the proceeding.” The ALDF filed suit challenging this decision according to Section 555(b) of the Administrative Procedure Act (APA), which allows “interested persons” to participate in agency proceedings “so far as the orderly conduct of the public business permits.” The court found that the ALDF should have been allowed to intervene in the proceeding according to 555(b) because the ALDF’s "demonstrated interest in the welfare of the zoo's animals falls squarely within the scope of the USDA enforcement proceeding.” The court also found that there was no evidence to suggest that having ALDF intervene would "impede the orderly conduct of the public business permits.” As a result, the court held in favor of the ALDF’s motion for summary judgment and remanded the case back the case back to USDA for further consideration of ALDF's motion to Intervene. 

Summary: Friends of Animals, an animal welfare organization, filed suit for a preliminary injunction against the Bureau of Land Management (BLM). Friends of Animals filed suit after the BLM started organizing a new “gather” which is a a term used for the removal of wild horses. The BLM planned to “gather” wild horses from a range in Utah and the Friends of Animals challenged the decision on three grounds: (1) the decision to gather was not grounded on any National Environmental Policy Act (NEPA) document such as a environmental assessment (EA); the BLM failed to honor its previous commitment to include new EAs for any new gathers; and (3) the gather violates the Wild Horses Act on the basis that the BLM failed to make a excess population determination before authorizing the gather. The court reviewed the three claims separately and determined that Friends of Animals’ challenges to the gather were not likely to succeed and there was not a sufficient irreparable harm to warrant a preliminary injunction. First, the court found that under NEPA, an agency is able to rely on a previous EA so long as “new circumstances, new information or changes in the action or its impacts not previously analyzed [do not] result in significantly different environmental effects.” The court found that previous EAs were sufficient because they had assessed an “essentially similar” capture method. Additionally, the court determined that although BLM had previously agreed to provide new EAs for any new gathers, the BLM was not legally required to do, so the Friends of Animals argument regarding this issue would not succeed. Lastly, the court found that the BLM had not violated the Wild Horses Act because the BLM had in fact conducted an excess population determination. Lastly, the court analyzed whether or not the gather created an irreparable harm that would warrant a preliminary injunction. The court found that there was not sufficient evidence to prove any irreparable harm. As a result, the court denied the preliminary injunction and held in favor of the BLM.

Summary: This District of Columbia statute requires that any law enforcement or child protective services employee who knows or has reason to suspect than an animal is experiencing cruelty, abandonment, or neglect shall provide a report of the abuse within the specified time. The statute also states that any employee who observes an animal at the home of a person reasonably suspected of child, adult, or animal abuse should report it. The statute also specifies what information the report must include for completion.

Summary: Pacific Ranger, LLC, a deep-sea commercial fishing vessel, filed suit arguing that a decision made by an Administrative Law Judge (ALJ) should be set aside by the court. The National Oceanic and Atmospheric Administration (NOAA) filed an action against Pacific Ranger for violating the Marine Mammal Protection Act (MMPA) after the vessel set its fishing net on whales during five tuna-fishing expeditions. After the hearing, the ALJ determined that Pacific Ranger had violated the MMPA and was liable for $127,000 in civil penalties. Pacific Ranger argued that these penalties should be set aside because the MMPA was unconstitutionally vague about what was considered an “incidental” taking and the ALJ’s findings could not be supported by substantial evidence. Ultimately, the court reviewed the arguments made by Pacific Ranger and found them to be without merit. First, the court determined that the MMPA was not vague with regard to incidental takings. The court held that incidental takings under the MMPA were restricted to takings that occurred without any knowledge and that this provision needed to be read narrowly in order to give effect to Congress’ intent that maintaining the “healthy populations of marine animals comes first.” The court found that because Pacific Ranger had knowledge that whales were in the area at the time that they were fishing, the taking that occurred could not be considered incidental. Lastly, the court reviewed Pacific Ranger’s argument that the ALJ’s decision could not be supported by substantial evidence. The court rejected this argument, pointing to expert testimony that said that there was no possible way for the Pacific Ranger not to have seen that whales were in the area at the time the takings occurred. As a result, the court affirmed the ALJ’s decision.

Summary: The following District of Columbia statute allows the council to make and the mayor to enforce regulations regarding leashing dogs in DC.

Summary: The following District of Columbia statute prohibits dogs that the owner knows to be fierce or dangerous, to the danger or annoyance of the inhabitants, from running at large; it also prohibits female dogs in heat to run at large.

Summary: This is a short overview of the District of Columbia's Great Ape laws.