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Here, the Animal Welfare Act, as amended eighteen years ago, requires USDA to issue standards governing the humane treatment of animal[s] as a defined category of creatures including birds not bred for use in research.' The agency hasnt done it yet: USDA has yet to fulfill its statutory responsibility to issue standards regarding the humane treatment of birds: the general standards do not apply, and the Department has issued no standards specifically applicable to birds. (There is more going on in this case but this is a good sample.) Finally, in Western Oilfields Supply Company v