Animal Legal Defense Fund v. United States Department of Agriculture

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [67] AND DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT [61]

OTIS D. WRIGHT, II, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

This is an action for judicial review of a final agency decision under the Administrative Procedure Act (“APA”). In 2009, the Food Safety and Inspection Services (“FSIS”)—which administers the Poultry Products Inspection Act, 21 U.S.C. §§ 451-72 (“PPIA”)—denied a rulemaking petition aimed at banning force-fed foie gras1 from the food supply. Plaintiffs, comprised of four animal rights organizations and three…