COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
1. This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., to obtain access to information in the possession of the federal Fish and Wildlife Service (“FWS”) pertaining to an unprecedented and highly controversial effort by the FWS to assist Yerkes National Primate Center (“Yerkes”) – an animal research laboratory in Atlanta, Georgia – in obtaining a permit under Section 10 of the Endangered Species Act (“ESA” or Act), 16 U.S.C. § 1531, et seq., to export eight chimpanzees to the Wingham Wildlife Park (“Wingham”), an unaccredited zoo in Kent, England. Although Plaintiff New England Anti-Vivisection Society (“NEAVS”) attempted to obtain access to all records concerning this controversial matter, the FWS has failed to release all of that information to NEAVS in a timely matter, in violation of FOIA and with severe prejudice to Plaintiffs’ ability to comment on and influence the FWS’s permitting decision.
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