Humane Society of Rochester and Monroe County for Prevention of Cruelty to Animals, Inc. v. Lyng

633 F. Supp. 480 (1986)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Humane Society of Rochester and Monroe County for Prevention of Cruelty to Animals, Inc. v. Lyng

United States District Court for the Western District of New York
633 F. Supp. 480 (1986)

  • Written by Haley Gintis, JD

Facts

Congress implemented the Dairy Termination Program (DTP) to reduce the supply of milk production after a decrease in the demand for milk. The program was authorized by the Food Security Act (FSA), and it authorized the government to enter into contracts with milk producers to buy their dairy cows for slaughter. The FSA granted the secretary of the Department Agriculture the authority to promulgate regulations on how the cattle subjected to the program should be branded to ensure identification. Secretary of Agriculture Richmond Edmund Lyng (defendant) promulgated regulation Notice LD-249, which required that farmers brand their cattle with a hot branding iron rather than a freeze, chemical, or other method. In response, the Humane Society of Rochester and Monroe County for the Prevention of Cruelty to Animals, Inc. (society) (plaintiff) sued Lyng. The society argued that the regulation was arbitrary and capricious because using a hot branding iron subjected the cattle to inhumane treatment and alternative methods for branding were available. Douglas D. Burdick and Mary Jane Burdick (plaintiffs), who participated in the DTP, also joined the suit on the ground that by complying with the regulation they would violate New York’s animal-anticruelty statute. The district court issued a temporary restraining order to prevent Lyng from enforcing the regulation. The society and the Burdicks then moved for a preliminary injunction. Lyng moved to dismiss the case. The court held a hearing on the preliminary injunction. At the hearing, the society and the Burdicks presented eight witnesses, all of whom testified that using a hot branding iron constituted cruel and inhumane treatment and subjected the farmers to potential liability under the animal-anticruelty statute.

Rule of Law

Issue

Holding and Reasoning (Telesca, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership