On December 13, 2016, with the assistance of GW Law's Public Justice Advocacy Clinic, the Animal Welfare Institute (AWI) filed a federal lawsuit under the Administrative Procedure Act in Washington D.C. against the U.S. Department of Agriculture (USDA) challenging its delay in responding to AWI's petition for rulemaking. The petition, filed in 2013 and based on years of study, aimed to amend the Humane Methods of Slaughter Act (HMSA) regulations to prevent incidents of inhumane handling and needless suffering of animals in slaughterhouses.
The Public Justice Advocacy Clinic began working on this issue when AWI reached out to Professor Joan Schaffner, faculty head of the animal law focus area at GW Law, to see if she knew anyone who could help their cause. Professor Schaffner introduced AWI to Phyllis Goldfarb, Associate Dean for Clinical Affairs, and Professor of Clinical Law Jeffrey Gutman. After learning more about the case, which was similar to ones he defended as a Justice Department attorney, Professor Gutman decided it could be a worthwhile and interesting opportunity for the clinic students. They met and interviewed the client, studied the rulemaking petition, and researched applicable administrative and animal protection law.
"I am delighted that our client, the Animal Welfare Institute, was enthusiastic about having two third year law students, Anna Luft and Patrick Tierney, work on this important case. They played a central role in drafting the complaint and I look forward to assigning two new students next semester to draft the opposition to the motion for summary judgment I anticipate from the government," Professor Gutman said. He worked closely with the students and the client to edit the final draft of the complaint that was subsequently filed.
AWI is seeking declaratory and injunctive relief. It requests an order directing the USDA to act promptly on the petition for rulemaking.