United States Ninth Circuit

Dismissal of an action challenging a decision of the USDA 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 non-human primates in order to comply with the federal Animal Welfare Act, is reversed where: 1) a plaintiff had Article III standing based on the aesthetic injury she described; and 2) the USDA's withdrawal of the draft policy constituted final agency action reviewable pursuant under the APA.

Appellate Information

• Argued 12/09/2005
• Decided 11/22/2006
• Published 11/22/2006

Judges

• WILLIAM A. FLETCHER, Circuit Judge., Before KOZINSKI and W. FLETCHER, Circuit Judges, and H. RUSSEL HOLLAND, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Katherine A. Meyer, Howard M. Crystal, Meyer, Glitzenstein & Crystal, Washington, D.C.;  Bruce A. Wagman, Morgenstein & Jubelirer, San Francisco, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Robert A. Long, Covington & Burling, Washington, D.C., for the intervenor-appellee., John S. Koppel, Michael Jay Singer, United States Department of Justice, Washington, D.C., for the defendants-appellees.