Court Denies Motion to Dismiss Lawsuit Challenging USDA’s Avian Flu Control Plan

A federal judge has denied the United States Department of Agriculture’s Motion to dismiss a case brought by the Humane Society of the United States, Farm Sanctuary, and Mercy for Animals alleging that the agency’s adoption of a response plan to avian flu is a violation of the Administrative Procedure Act, the National Environmental Procedure Act, and the Council on Environmental Quality regulations.