Tag Archives: Shaming Penalty

Retreating on Affirmative Disclosure: The Case of APHIS’s Publicly-Available Enforcement Databases

by Bernard Bell — Wednesday, Apr. 24, 2019

Summary:  This post chronicles a story of enforcement failure, shaming remedies, and replacement of proactive disclosure with reactive disclosure.  In February 2017, the Animal and Plant Health Inspection Service (“APHIS”) “took down” publicly-available databases and re-populated them with significant redactions.  The D.C. Circuit recently opined on APHIS’s action in PETA v. U.S. Department of Agriculture. […]