Alternatives Research & Development Foundation v. Glickman

MEMORANDUM OPINION

HUVELLE, District Judge.

The plaintiffs, a non-profit organization, a private firm and an individual, allege that the defendants, the Secretary of the United States Department of Agriculture (“USDA”) and the Deputy Administrator for Animal Care, Animal Plant Health Inspection Service, have violated the mandate of the Animal Welfare Act (“AWA”), 7 U.S.C. § 2131, et seq., by promulgating regulations that exclude birds, mice and rats from the definition of “animal” under the Act. Defendants move to dismiss on the grounds that all three plaintiffs lack standing to bring suit. In…