The Humane Society of the United States v. Johanns
United States District Court for the District of Columbia
520 F. Supp. 2d 8 (2007)
- Written by Haley Gintis, JD
Facts
In 2005 Congress passed the Fiscal Year 2006 Agricultural Appropriations Act (the appropriations act), which provided that no federal funds would be allocated to pay expenses relating to the inspection of horses prior to slaughter. Because the Federal Meat Inspection Act required that horses be inspected prior to slaughter, the appropriations act created a moratorium on slaughtering horses. Two slaughter organizations petitioned the United States Department of Agriculture (the department) to issue a rule allowing for a fee-for-service inspection program, under which slaughter organizations would pay for inspections. The department, through its Federal Safety and Inspection Service (the service), granted the request by issuing an interim final rule. The Humane Society of the United States (the society) (plaintiff) sued Secretary of Agriculture Mike Johanns (defendant) for violating the Administrative Procedure Act (APA) and the National Environmental Policy Act (NEPA). The society alleged that the department violated the APA by acting arbitrarily and capriciously in issuing the rule without conducting an environmental review as required by NEPA. The department argued that it was not required to conduct the review, reasoning that the rule was not a major federal action because any potential environmental effects would be caused by privately owned slaughter operations not under federal control. The department also argued that a previously promulgated regulation exempted the service from preparing the environmental-impact statement required by NEPA.
Rule of Law
Issue
Holding and Reasoning (Kollar-Kotelly, J.)
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