Humane Society Threatens Legal Action Over Scrubbed Animal Facility Records

IMAGE DISTRIBUTED FOR THE HUMANE SOCIETY OF THE UNITED STATES - Finn (@friendsoffinn) and Toast (@toastmeetsworld) walk the red carpet at The Humane Society of the United States To the Rescue! New York Gala: Saving A... IMAGE DISTRIBUTED FOR THE HUMANE SOCIETY OF THE UNITED STATES - Finn (@friendsoffinn) and Toast (@toastmeetsworld) walk the red carpet at The Humane Society of the United States To the Rescue! New York Gala: Saving Animal Lives on Friday, Nov. 18, 2016 in New York City. To the Rescue! is a benefit in celebration of the life-saving work of its animal rescue efforts across the nation and around the world. In its seventh year, the event honored Georgina Bloomberg and HUGO BOSS, and featured a performance by Moby. (Amy Sussman/Invision for The Humane Society of The United States/AP Images) MORE LESS
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The Humane Society of the United States announced Monday that it could pursue legal action against the United States Department of Agriculture for its removal of inspection reports for thousands of animal facilities across the country, including zoos, labs and breeders.

The database of reports, which the USDA’s Animal and Plant Health Inspection Service (APHIS) keeps in compliance with the Animal Welfare Act and the Horse Protection Act, was removed from the USDA’s website late last week, following what the APHIS said in a statement Friday was “a comprehensive review of the information it posts on its website for the general public to view.”

APHIS said the information, including reports valuable to activists and journalists on which facilities and individuals had been charged with infractions, would still be available to those who filed Freedom of Information Act requests. If the same records are frequently requested, the statement noted, APHIS would post “appropriately redacted” versions of them online.

The Humane Society said this new arrangement violated a 2009 settlement it reached with the USDA concerning access to information collected under the Animal Welfare Act.

“The (Humane Society) sued the USDA in 2005 over public access to (Animal Welfare Act) reports concerning animal use in university and other laboratories. That case was settled in 2009 in exchange for the USDA’s agreement to post certain data on its website concerning research on animals,” the Humane Society said in a statement Monday. “The agency’s precipitous decision to purge virtually all AWA and HPA enforcement documentation – just two weeks after President Trump assumed office — violates the plain terms of the settlement and a federal court order. It also runs contrary to congressional provisions in 1996 and 2016 designed to increase transparency and electronic access to information.”

The Humane Society noted that the USDA, per the 2009 settlement, has 30 days after the society files a notice of violation to try to resolve the dispute, before being ordered to comply or being held in contempt. It also noted that the 2009 settlement only covered a small amount of the information scrubbed from the USDA website.

“The prior lawsuit only covers some of the vast corpus of important enforcement data the USDA has scrubbed from its website,” the statement says. “We hope this mandatory consultation period will give the USDA a chance to reconsider this ill-advised and precipitous maneuver across the board.”

Representatives for APHIS were unavailable to respond to TPM’s request for comment.

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Notable Replies

  1. This is just another test of how far they can push things…a minor information port that is watched by few, where they hoped they could scrub it in spite of laws and legal agreements requiring the information to be publicly available. And, they also tried to cover it by saying that the information was still available via FOIA, which everyone knows can be ignored or delayed until the request is irrelevant.

    Make no mistake, this is just a taste of where the Trump administration wants to take government information, so they can redact all the data and only release the numbers they want…it’s a small step from there to releasing fake numbers that just say what they want. It’s a good thing groups are being vigilant about this, everyone needs to keep an eye on all data to make sure it stays available, and we will need government employees to sound the word when the numbers are being manipulated for political purposes.

  2. Oh, those pesky court orders! poor Trump can’t EO them away.

  3. Yyeeaaaa —

    Hit em on ALL fronts …and don’t let up ! …

  4. I work in the animal rights movement. USDA’s decision to take the database offline protects corporations that abuse animals from public and legal backlash. It does nothing else.

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