CourtListener 4337701•Born Free USA and the Animal Rescue League of Iowa, Inc. v. Iowa Department of Agriculture and Land Stewardship
Born Free USA and the Animal Rescue League of Iowa, Inc. v. Iowa Department of Agriculture and Land Stewardship
CourtListener 4337701Iowactapp11 gen 2017
Testo completo
IN THE COURT OF APPEALS OF IOWA
No. 16-0367
Filed January 11, 2017
BORN FREE USA and THE ANIMAL RESCUE LEAGUE OF IOWA, INC.,
Petitioners-Appellants,
vs.
IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP,
Respondent-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt,
Judge.
Appellants Born Free USA and the Animal Rescue League of Iowa, Inc.,
appeal the district court’s ruling affirming the Iowa Department of Agriculture and
Land Stewardship’s denial of the appellant’s petition for rulemaking regarding
registration of dangerous wild animals. AFFIRMED.
Devin C. Kelly of Allen, Vernon, & Hoskins, PLC, Marion, for appellants.
Jessica L. Blome of Animal Legal Defense Fund, Cotati, California, for
appellants.
Thomas J. Miller, Attorney General, and Jacob J. Larson, Assistant
Attorney General, for appellee.
Considered by Doyle, P.J., McDonald, J., and Mahan, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2017).
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DOYLE, Presiding Judge.
The appellants, Born Free USA and the Animal Rescue League of Iowa,
Inc. (collectively, ARL) appeal the district court’s ruling affirming the Iowa
Department of Agriculture and Land Stewardship’s (IDALS) denial of the
appellant’s petition for rulemaking regarding registration of dangerous wild
animals. ARL argues: (1) under Iowa Code chapter 717F (2013), IDALS has the
statutory authority to promulgate ARL’s proposed rule; and (2) IDALS did not give
fair consideration to the ARL’s petition for rulemaking. We affirm.
ARL filed a petition for rulemaking pursuant to Iowa Code section 17A.7(1)
(2013) and Iowa Administrative Code rule 21-3.1, requesting IDALS amend
rule 21-77.1 by adding a definition for the term “register” for purposes of Iowa
Code chapter 717F, Iowa’s Dangerous Wild Animal Act. IDALS denied the
petition on two grounds: (1) IDALS lacked the specific statutory authority to
promulgate the proposed rule, and (2) even if such authority existed, the
proposed rule would result in increased regulatory burdens on both IDALS and
the USDA licensees under section 717F.7(20). ARL filed a petition for judicial
review with the district court alleging: (1) that IDALS had the authority to
promulgate the proposed rule, and (2) IDALS’ denial of the petition on the merits
was without substance and was not the result of fair consideration. A hearing
was held, and after reviewing the court file, the parties’ arguments and
submissions, and the applicable law, the district court entered an order
concluding,
IDALS correctly concluded that it does not have the authority
to adopt the rule ARL advocates. In doing so, IDALS did not abuse
its discretion because it had no authority to act. Even if IDALS had
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such authority, IDALS’ denial of the rule is not unreasonable,
arbitrary, capricious or an abuse of discretion. The agency gave
the petition advocating for promulgation of the rule fair
consideration under both scenarios, which is all that was required.
The court affirmed in its entirety IDALS’ decision denying ARL’s petition for
rulemaking. ARL now appeals.
We have carefully reviewed the record, the briefs of the parties, and the
district court’s ruling. We find the court’s ruling to be thorough, well-reasoned,
and superbly-crafted. The ruling identifies and considers all the issues
presented. We approve of the reasons and conclusions in the district court
ruling, and further discussion on our part would be of little value. Accordingly, we
affirm by memorandum opinion. See Iowa Rule of Court 21.26(b), (d), and (e).
AFFIRMED.
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