Levine v. Vilsack, No. 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.

Read Levine v. Vilsack, No. 08-16441

Appellate Information

Argued and Submitted October 7, 2009

Filed November 20, 2009

Judges

Opinion by Judge Wu

Counsel

For Appellants:

Sarah Uhlemann, Jonathan R. Lovvorn and Carter Dillard, The Humane Society of the United States, Washington, DC

For Appellee:

Gregory G. Katsas, Jonathan F. Cohn, Michael S. Raab and Henry C. Whitaker, Civil Division, U.S. Department of Justice, Washington, DC