People for the Ethical Treatment of Animals v. United States Department of Agriculture

The D.C. Circuit continues to rule on a bevy of motions to pause proceedings while federal agencies lack funding thanks to the government shutdown. In one, the court will indeed hear arguments next week regarding whether the USDA violated open records law when, a few weeks after the most recent presidential inauguration, it pulled from its website a trove of documents concerning its inspection and licensing of animal research facilities. And in another, the parties must still brief whether Portland, Ore.’s use of airport revenue to pay the city’s sewer, stormwater, and water bill (even though some of the costs are not incurred on the airport’s behalf and do not directly benefit the airport) violates federal law. (A dissent is frustrated by the circuit’s failure to settle on a principled way to decide the stay motions and believes this case should indeed be stayed.)

Tags: 2019, Administrative Law, D.C. Circuit, Funding

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