[TX_RPOA_E-News] USDA PET BREEDER LAWSUIT UPDATE FROM Responsible Pet Owners Alliance TO 1 recipient Show Details From Responsible Pet Owners Alliance To TX-RPOA E-News TX RPOA E-News From Responsible Pet Owners Alliance Texas Outreach Crossposting is encouraged. January 16, 2014 Below is an update regarding the lawsuit filed against the new USDA regulation to require federal licensing for ALL species of pet breeders owning more than four intact female pets AND shipping even one animal without a previous face to face meeting. Please support this effort! USDA RETAIL PET STORE RULE LAWSUIT UPDATE From Frank Losey: More documents filed and more info: keepourdomesticanimals On the afternoon of January 13, 2014, our Response to the HSUS Motion to Intervene as a Defendant in the Lawsuit was filed. (A copy of our Response will be posted on the KODA Website.) A summary of key quotes set out in our Response is as follows: 1. The HSUS does not have standing to intervene (as a defendant) in this case. 2. The USDA is capable of defending without the intervention of the HSUS. 3. The Plaintiffs challenge will not cause the HSUS immediate and concrete harm. 4. HSUS presents no evidence that either of its examples involved members of any of the 42 Plaintiffs. 5. The HSUS has not identified a single so-called puppy mill among the 19,000 small-scale dog and cat hobby breeder who comprised the membership of the forty-two Plaintiffs. 6. The HSUS has not offered a single fact to support intervention to prevent Plaintiffs from setting aside the Rule based on the substantial, detrimental effects it has on their activities as small-scale dog and cat hobby breeders. 7. In other words, the newly promulgated Rule saves the HSUS money, enables the HSUS to be more efficient in gathering information, and gives HSUS additional traction in its lobbying efforts, which is what it does. 8. Overheated rhetoric aside, HSUS decision to hound breeders acting within the bounds of the law was entirely voluntary, and the fact that this decision allegedly cost hundreds of thousands of dollars is a telling measure of the substantial resources available to HSUS, and nothing more. 9. The HSUS does not allege injury due to USDAs inaction, but instead argues that it will be injured by Plaintiffs challenge to a USDA action that HSUS supports. 10. HSUS suggests that Defendants commitment to the Retail Pet Store Rule is suspect, and that they will be less than vigorous in defending the Rule. 11. (N)one of the cases cited by the HSUS supports intervention on the side of a defendant government agency to defend that agencys rule. 12. (F)or the HSUS to assert that USDA will not now vigorously defend the defend that Rule is speculative at best and cynical at worst. 13. If, as HSUS fears, USDA might agree to settle rather than litigate, and remand the rule for additional review. . . USDA has discretion to do so. 14. Defendants Notice . . . stating that they take no position regarding HSUS Motion to intervene plainly suggests that HSUSs assistance is not needed. 15. The parade of horribles that HSUS describes as the reason for the Rule simply does not apply to Plaintiffs or their members, all of which are small-scale hobby breeders. 16. The exposition of HSUS position would unduly delay the presentation of Plaintiffs case, and would prejudice the adjudication of Plaintiff claims by making Plaintiffs appear to be something they are not. The Rules of the Court provide that the HSUS will have seven (7) days to respond to our Response. We do not anticipate that the Government will submit any response to our Lawsuit until after the HSUS files its Response to our Response, which we expect will be filed on January 20, 2014. However, on January 13, 2014 the Justice Department did file its Response to the HSUS Motion to Intervene, and stated, as referenced above, the following: Defendants take no position regarding the Motion to Intervene of the Humane Society of the United States. Frank Losey --------------------------------- Subscribe to this Announcement Only Email List to stay informed regarding all Texas animal issues by emailing: TX_RPOA_E-News-subscribe@yahoogroups with a blank message. Donate with PayPal or mail in at: rpoatexasoutreach.org __._,_.___ Reply via web post Reply to sender Reply to group Start a New Topic Messages in this topic (1) Recent Activity: New Members 1 Visit Your Group RPOA Texas Outreach (501 C4 Nonprofit) rpoatexasoutreach.org Responsible Pet Owners Alliance (501 C3 Nonprofit) responsiblepetowners.org 900 NE Loop 410 #311-D San Antonio, TX 78209 Donations make all things possible!
Posted on: Thu, 16 Jan 2014 23:35:17 +0000
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