Animal Legal Defense Fund; Animal Welfare Institute; Valerie Buchanan; Jane Garrison; Nancy Megna, plaintiffs-appellants v. Ann M. Veneman; Bobby R. Acord; Chester A. Gipson, defendants-appellees

Summary: In this federal action, plaintiffs (ALDF, the AWI, and three individuals) challenged the USDA's decision not to adopt a Draft Policy that would have provided guidance to zoos, research facilities, and other regulated entities in how to ensure the psychological well-being of on-human primates in order to comply with the Animal Welfare Act. While the district court found that the USDA's decision did not constitute a reviewable final agency decision, the Ninth Circuit Court of Appeals found that the lower court did indeed have authority under the Administrative Procedures Act to review the agency's decision not to create a policy. On June 4, 2007, the Court vacated the previous opinion and dismissed the appeal with prejudice. Two judges wrote separate opinions, concurring and dissenting in part.