ASPCA Files Federal Lawsuit Against USDA For Failure To Supply Animal Welfare Records

The ASPCA, with the assistance of Cooley LLP, yesterday filed a federal lawsuit against the U.S. Department of Agriculture (USDA) and the Animal and Plant Health Inspection Service (APHIS) for their failure to respond to nearly 40 Freedom of Information Act (FOIA) requests and appeals that the ASPCA has filed with the agencies since 2016. These include requests for inspection and enforcement records relating to commercial dog breeders licensed by the USDA. In addition to educating the public on the inhumane conditions commonly found at USDA-licensed dog breeding facilities, these inspection reports have served as a vital tool for monitoring the USDA’s historically dismal administration and enforcement of the Animal Welfare Act (AWA).

From February 2016 to late 2018, the ASPCA submitted nearly 40 FOIA requests to the USDA that have not received a response. The agency confirmed receipt of these requests and provided a target date for the response, but in each case, the agency failed to respond at all, making these requests months, and in many cases, years overdue.

“By withholding these records from both the ASPCA and the public, the UDSA is impeding our efforts to prevent animal suffering,” said Robert Hensley, Legal Advocacy Senior Counsel for the ASPCA in a statement. “Unless challenged, the USDA will continue its policy and practice of disregarding its obligations under the FOIA, making it impossible for the public to know which facilities are operating in violation of federal laws and whether the USDA has taken any action in response. The USDA’s secrecy and lack of accountability continues to endanger the welfare of the dogs currently languishing in puppy mills.”

Inspection and enforcement records had been published on the USDA’s Animal Plant Health Inspection Service (APHIS) public website for years, but in February 2017, the USDA abruptly removed thousands of documents related to the inspection of facilities licensed under the Animal Welfare Act, including commercial dog breeders, zoos and research labs. Despite several attempts by lawmakers and animal welfare groups, including the ASPCA, this critical information is still largely missing, and the USDA’s backlog for FOIA requests continues to grow, resulting in crippling wait times.

“While the USDA has publicly claimed that these records are still obtainable through the FOIA process, the USDA’s failure to acknowledge the ASPCA’s repeated requests for information proves that, in practice, this is not the case,” said Hensley. “On the limited occasions when the USDA has responded to the ASPCA’s requests, the agency has provided records that are heavily and inconsistently redacted.”

Last May, the ASPCA filed a federal lawsuit against the USDA in response to its ongoing refusal to respond to administrative appeals as required by law and for its failure to release crucial animal welfare records in their entirety. As that case moves forward, the ASPCA will continue to press the agency for greater transparency and accountability as we push to regain access to these important animal welfare records.

The ASPCA Legal Advocacy department focuses on increasing legal protections for animals across the country and shaping stronger animal welfare laws through the judicial system. The ASPCA’s Barred From Love Campaign urges the public to speak out against cruel breeding and also encourages dog lovers to adopt from a local shelter or rescue group or learn how to identify a responsible breeder.

More on this topic

Popular stories

Shocking Exposé Reveals Geese Crushed, Suffocated & Killed At Canada Goose Down Supplier

Photos by PETA A shocking new undercover video exposé filmed at a Canada Goose down supplier shows that workers rounded up terrified geese, who then piled on...

Adopt A Turkey And Make This Thanksgiving A Compassionate One!

November will be here before we know it marking the beginning of the holiday season, so WAN encourages people to start thinking about adopting...A...

Victory! New Jersey’s Governor Phil Murphy Signs Legislation Prohibiting Possession, Sale, Trade, & Distribution Of Shark Fins

Today, Governor Phil Murphy of New Jersey signed Bill S2905, which will prohibit the sale, trade, distribution, or offering for sale of shark fins, as well...