People for the Ethical Treatment of Animals v. US Department of Agriculture

PETA appealed the district court's dismissal of their claims under the Freedom of Information Act (FOIA), seeking records relating to animal welfare laws and regulations from the USDA. In regard to reposted records featuring new redactions, the DC Circuit held that the complaint was most plausibly read as requesting that the USDA repost all information that those records contained before their takedown. Therefore, the district court should proceed to the merits on remand. In regard to "voluntary cessation," the court affirmed the mootness dismissal as to the research reports but remanded for further elucidation as to the inspection reports and the entity lists. The panel explained that, if the agency unambiguously commits to continued posting of those documents, plaintiffs' claims should be dismissed as moot, without discovery, even if the USDA continues to regard its postings as voluntary. View "People for the Ethical Treatment of Animals v. US Department of Agriculture" on Justia Law