HOCTOR V. UNITED STATES DEPARTMENT OF AGRICULTURE
82 F.3d 165 (7th Cir. 1996)
NATURE OF THE CASE: This was a dispute over a rule for the secure containment of animals.
FACTS: Hoctor (P) began dealing with exotic animals on his farm outside of Terra Haute.
In his 25-acre farm, P raised a variety of animals including big cats. At the suggestion of
the veterinarian employed by the Agriculture Department, P made the perimeter fence six feet
high. The following year, the Department issued an interim memo that dangerous animals, big
cats were included, must be inside a perimeter fence at least eight feet high. The agency
claimed this was an interpretative rule interpreting the housing regulations of the Animal
Welfare Act. As such, it was not required to follow rulemaking procedures. P was cited for
noncompliance and disputed that sanction.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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