Animal Protection Institute Wins Right to Court Hearing on USDA's Poison Location Records

Animal Protection Institute
Thursday, 19 July 2001

NEW ORLEANS, LA -- On July 18, 2001, the United States Court of Appeal for the Fifth Circuit reversed the Waco Federal District Court's dismissal of the Animal Protection Institute's motion to intervene in Doe v. Glickman, a suit brought on behalf of the Texas Farm Bureau and the American Farm Bureau Federation against the United States Department of Agriculture (USDA) to stop its disclosure of information to API under API's Freedom of Information Act (FOIA) request for the locations where the dangerous poison sodium fluoroacetate, commonly known as Compound 1080, was used in livestock protection collar applicators.

The court found that the Animal Protection Institute (API) "is entitled to intervene as a matter of right." API's motion was "timely," and the Waco Court regarding the late date that API learned of the existence of Doe v. Glickman to determine timeliness was "an abuse of discretion."

Judge Reynaldo G. Garza stated that "the Waco Lawsuit has the potential to prevent [API] from obtaining the Identifying Information without ever being heard ... we conclude that the disposition of the Waco Lawsuit has the potential to impair [API's] interest."

Prior to this ruling, API was prohibited from defending its FOIA in court because it was denied the right to intervene in the Waco case. In the initial case in Washington, DC, API used the FOIA to request information on Compound 1080 locations from the USDA. The USDA eventually agreed to provide the information, but was prevented from doing so when the Texas Farm Bureau and the American Farm Bureau Federation filed suit to block the action. The Farm Bureau suit was stayed at the request of the USDA. This effectively cut off all avenues for API, leaving API to rely on the USDA to represent its interest.

"We are thrilled that the court recognizes our right to defend our FOIA request," said Alan Berger, Executive Director of the Animal Protection Institute. "The public has the right to know where toxic poisons such as sodium fluoroacetate (Compound 1080) are being used. Release of this information under FOIA will allow API to protect individuals, their companion animals, and threatened and endangered species from being accidentally poisoned."

"We are happy that we will have our day in court," said Jay Tutchton, of the Earthjustice Legal Defense Fund, who is representing API. "This can only be viewed as a positive sign."

For more information, or to contact Animal Protection Institute, see their website at: www.api4animals.org