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United States Ninth Circuit


Levine v. Vilsack, 08-16441

In an action challenging the USDA's enunciation of its position in the Federal Register that there was no specific federal humane handling and slaughter statute for poultry, plaintiffs' appeal is remanded with instructions to dismiss the matter where plaintiffs could not satisfy the redressability requirement for Article III standing because the Humane Methods of Slaughter Act contained no statutory enforcement mechanism.

Appellate Information

  • Argued 10/07/2009
  • Decided 11/20/2009
  • Published 11/20/2009

Judges

  • WU, District Judge:, Before:  ALFRED T. GOODWIN and PAMELA ANN RYMER, Circuit Judges, and GEORGE H. WU, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Sarah Uhlemann, Jonathan R. Lovvorn and Carter Dillard, The Humane Society of the United States, Washington, D.C.;   and Corey Evans and Geneva Page, Evans & Page, San Francisco, CA, for the appellants.

  • For Appellees:
  • Gregory G. Katsas, Jonathan F. Cohn, Michael S. Raab and Henry C. Whitaker, Civil Division, U.S. Department of Justice, Washington, D.C., for the appellee.
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