Opinion for the Court filed by Circuit Judge HENDERSON. Dubitante opinion filed by Circuit Judge MILLETT. KAREN LECRAET HENDERSON, Circuit Judge: In 2004, the United States Department of Agriculture (USDA or Agency) announced that, for the first time, it intended to apply the protections of the Animal Welfare Act (AWA or Act), 7 U.S.C. §§ 2131…
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