District of Columbia

Summary: The plaintiffs, People for the Ethical Treatment of Animals, sought documents from the Animal and Plant Health Inspection Service (“APHIS”), the entity within the United States Department of Agriculture (“USDA”) that administers the Animal Welfare Act (“AWA”). The USDA took a large amount of documents off of its website relating to AWA compliance. The USDA claimed that the removal was for the purpose of removing certain personal information and although they did not say that the removal was temporary, the agency described the removal as provisional which suggests that it is temporary in nature. The plaintiffs filed suit asking for declaratory and injunctive relief and invoking a provision known as FOIA’s reading room provision (5 U.S.C. section 552(a)(2)). The provision requires that agencies make available for public inspection in an electronic format five categories of documents. The plaintiffs allege that the agency removed (1) research facility annual reports; (2) inspection reports; (3) lists of entities licensed under the AWA; and (4) regulatory correspondence and enforcement records that had not yet received final adjudication. Category 4 and the portion of category 2 consisting of animal inventories were dismissed and not discussed in this case. Categories 1-3 appeared to be reposted by the agency which is why the district court dismissed them as moot. The appeal centers on the reposted records and the dismissal of the plaintiff’s claims by the district court. Ultimately the Court held that for the reposted records featuring new redactions, the complaint was most plausibly read as requesting that USDA repost all information that those records contained before their takedown. The Court stated that the district court should proceed to the merits on remand. As to “voluntary cessation,” the Court affirmed the mootness dismissal as to the research reports but remanded for further explanation as to the inspection reports and the entity lists. If the agency unambiguously commits to continued posting of those documents, plaintiffs' claims should be dismissed as moot, without discovery, even if USDA continues to regard its postings as voluntary.

Summary: This District of Columbia statute requires that any law enforcement or child protective services employee who knows or has reason to suspect than an animal is experiencing cruelty, abandonment, or neglect shall provide a report of the abuse within the speciified time. The statute also states that any employee who observes an animal at the home of a person reasonably suspected of child, adult, or animal abuse should report it. The statute also specifies what information the report must include for completion.

Summary: The following District of Columbia statute allows the council to make and the mayor to enforce regulations regarding leashing dogs in DC.

Summary: The following District of Columbia statute prohibits dogs that the owner knows to be fierce or dangerous, to the danger or annoyance of the inhabitants, from running at large; it also prohibits female dogs in heat to run at large.

Summary: This is a short overview of the District of Columbia's Great Ape laws.

Summary: Washington D.C. does not have any statutes or regulations that specifically address Great Apes. Instead, the District has a blanket ban on all animals that are not specifically exempt by statute. Because they are not exempt from the ban, it is illegal to import, possess, and sell gorillas, chimpanzees, bonobos, orangutans, and gibbons within the municipality. The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

Summary: The following D.C. statutes provide the legal requirements for wildlife control service providers, which are defined as operators of businesses which involve the charging of a fee for services in wildlife control. Specifically, these statutes provide provisions about capturing target animals and non-target animals, as well as indicating how often a wildlife control service providers must check their traps.

Summary: This DC regulation makes it unlawful to operate a horse-drawn carriage trade without a license and an ID card. The regulations forbid certain types of bits and require that each horse wear a diaper. Horses may not be worked or driven for more than 8 hours a day. Horses must be rested, provided with food and water. A violation of the regulations may result in a fine of $300 (1st offense). A serious intentional injury to the horse by neglect or inhumane treatment shall be fined up to $2,500.

Summary: This D.C. law states that no animal shall be released from custody of animal protection except for the purposes of adoption, redemption by the owner of the animal, or other suitable placement in the best interest of the animal. No animals shall be knowingly released from any entity charged with animal protection for the purposes of research, experimentation, testing, or medical instruction or demonstration. Violation is a misdemeanor.

Summary: These D.C. laws require that the Mayor establish licensure requirements for commercial animal breeders in the District of Columbia. The rules must contain requirements as to licensing fees, standards of care, and facility inspection. For the purposes of this section, the term “commercial animal breeder” means any person, firm, organization, or corporation engaged in the operation of breeding and raising more than 25 animals per year for sale or in return for consideration.