Dear Suze:
It appears that we differ on the interpretation of Judge Kollar-Kotelly's
decision.  My point is that the judge has ruled on the ability of the USDA to
correctly interpret its existing regulations in the manner in which it has.
This is not the same as the court creating its own interpretation of the
Animal Welfare Act.  It may be confusing but the court has ruled only on the
procedural actions of the USDA's interpretation, NOT on the substance of or
of meaning of the law.

Also, since the court's decision has been appealed, the USDA is not required
to change its current interpretations of the AWA.  Should the USDA be
required by higher court to change its procedures, then and only then would
the USDA be required to propose changes to its regulations either by deleting
current regs or by promogulating new ones.  Any such changes will be subject
to future publication and a seeking of public comment.

Given your comments on this subject, do you feel the substance of our
discussion is really about the Puppy Protection Act as the header above would
indicate, or is it the District Courts findings on the AWA?  If the former,
have I somehow missed your reasoning as to why the PPA is bad for us hobby
breeders?  If the latter, will you provide the list  with a copy of the
Court's decision showing the correct interpretation of this area of
administrative law?

Sincerely,

Steve Wallis

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