ANIMAL LEGAL DEFENSE FUND, ANIMAL WELFARE INSTITUTE, COMPLAINT FOR VALERIE BUCHANAN, JANE GARRISON, AND NANCY MEGNA DECLARATORY AND INJUNCTIVE RELIEF Plaintiffs, v. ANN M. VENEMAN, in her official capacity as Secretary, United States Department of Agriculture, BOBBY R. ACORD, in his official capacity as Administrator, Animal and Plant Health Inspection Service, and DR. CHESTER A. GIPSON, in his official capacity as Deputy Administrator, Animal Care Program, United States Department of Agriculture, Defendants.

Summary: This action concerns a lawsuit filed by the Animal Legal Defense Fund (ALDF), et al, over the lack of action by the federal agency, the Animal & Plant Health Inspection Service (APHIS) to adopt a policy on what constitutes appropriate conditions for primates in federally licensed or registered facilities. Specifically, the complaint alleges that the failure of the Animal and Plant Health Inspection Service (APHIS) of the United State Department of Agriculture to make a final decision concerning the defendants' proposed “Policy On Environment Enhancement For Nonhuman Primates.” See 64 Fed. Reg. 38,145 (July 15, 1999) (Policy). APHIS determined at least seven years ago that APHIS enforcement officials and the regulated community urgently need such a policy to insure that primates are housed in “physical environments adequate to promote the[ir] psychological well-being,” as required by the Animal Welfare Act (AWA). 7 U.S.C. § 2143. By failing to make a final decision on the proposed Policy, defendants are violating the Animal Welfare Act, 7 U.S.C. § 2143, and are unreasonably delaying and/or unlawfully withholding agency action in violation of the Administrative Procedure Act, 5 U.S.C. § 706(1).