Animal Legal Defense Fund v. Espy (DC Ct of Appeals 1994)
- 1966 Congress enacted Animal Welfare Act to protect dogs, cats, monkeys, guinea pigs, hamsters, rabbits—excluded birds, fish, rats and mice.
- case discussed standing—Ps must show injury in fact that is fairly traceable to the D’s action & redressable by the relief requested.
- Ps were 2 individuals and 2 groups (Animal Legal Defense Fund & Human Society. Dr. Knowls (psychobiologist) failed to demonstrate that P’s injury be presently suffered or imminently threatened (stated future harm)
- P Strauss, atty on oversight committee under Animal Welfare Act, claims can’t perform his statutory duties—failed to present a claim of injury in fact.
- Animal Legal Defense Fund and Humane Society—claim a right to information, an informational injury, that doesn’t fall w/in the “zone of interests” protected by the Animal Welfare Act.
- These organizations haven’t asserted any claim w/in the zone of interests protected by the Act.
- The psychobiologist Knowls has claimed that the mistreatment of the experimental animals (mice/rats) has caused her “personal distress”…a sufficient “injury in fact”