X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
On Motion to Dismiss

Alternative Research and Development Foundation filed a petition for rulemaking requesting that the Secretary of Agriculture amend the definition of “animal” in regulations promulgated pursuant to the Animal Welfare Act (“Act”) to remove the current exclusion of birds, mice, and rats bred for use in research. Under the Act, the Secretary of Agriculture is authorized to promulgate standards and other requirements to govern the handling, care, and treatment of animals by dealers, research facilities, and exhibitors. 7 U.S.C. s 2143(a)(1). On January 28, 1999, the United States Department of Agriculture (“USDA”) published the petition and requested comments. See 64 Fed. Reg. 4356 (1999). While its agency petition was pending, Alternative Research and Development Foundation, as well as In Vitro International, and Kristine Gausz (collectively, “Alternative Research”) filed a complaint for declaratory and injunctive relief in the district court, alleging that the USDA’s exclusion of birds, rats, and mice from the definition of “animal” in 9 C.F.R. s 1.1 violates the Act. It sought an order enjoining the exclusion and directing USDA to amend the regulation by eliminating the exclusion.

After the district court denied a motion to dismiss filed by USDA, see Alternative Research v. Glickman, 101 F. Supp. 2d 7, 11-14 (D.D.C. 2000), the National Association for Biomedical Research (“NABR”), an association engaged in research using birds, rats, and mice, sought intervention as of right or, alternatively, permissive intervention. Subsequently, Alternative Research and USDA entered into a stipulation of dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(1). The stipulation provides, in pertinent part, that USDA will grant Alternative Research’s petition for rulemaking to amend the USDA regulation, and USDA agrees to initiate and complete a rulemaking on the regulation of birds, rats, and mice within a reasonable time. NABR then filed a motion to vacate the stipulation under Rule 60(b)(4). After a hearing, the district court filed the stipulation of dismissal and denied the motions to intervene and to vacate the stipulation under Rule 60(b), concluding that it lacked jurisdiction to decide the motions in light of the stipulated dismissal. Alternatively, the district court denied the motion to intervene as of right on the merits, concluding that NABR’s interests would not be impaired by the proposed rulemaking.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Healthcare Real Estate 2022

December 06, 2022 - December 07, 2022
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More

GlobeSt. INDUSTRIAL 2022

December 08, 2022 - December 09, 2022
Scottsdale, AZ

This conference brings together the industry's most influential & knowledgeable industrial real estate executives


Learn More

Global Leaders in Consulting (GLC) 2023

February 16, 2023
London

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.


Learn More

Plaintiffs' Personal Injury Attorney


A growing and highly successful plaintiffs' personal injury law firm with several offices in Tampa Bay is seeking a senior attorney with tri...


Apply Now ›

Associate General Counsel


An international multibillion-dollar manufacturing company in Tampa is seeking an Associate General Counsel to handle a variety of the compa...


Apply Now ›

Litigation Associate


A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...


Apply Now ›

ANAPOL WIESS

11/22/2022
TLI Web

ANAPOL WEISS IS PLEASED TO ANNOUNCE THAT ATTORNEY JORDAN SOLARZ HAS JOINED THE FIRM


View Announcement ›

ANAPOL WIESS

11/21/2022
TLI Web

ANAPOL WEISS PROUDLY ANNOUNCES THE APPOINTMENT OF KILA BALDWIN AS AN EQUITY SHAREHOLDER


View Announcement ›

LAWYERS OF DISTINCTION

11/18/2022
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›