[lemma=□] □
[lemma=not] □
On motions to strike , to dismiss and for summary judgment , the District Court , Charles R. Richey , J ., held that : ( 1 ) plaintiffs had constitutional and statutory standing to maintain challenges to regulations ; ( 2 ) extra-record materials allegedly demonstrating inhumane conditions at particular facilities but not considered by Department at time of promulgation of regulations were not admissible ; ( 3 ) regulation requiring exhibitors to develop and follow plan for primate environment enhancement in accordance with currently accepted professional standards violated plain language of AWA 's mandate that agency promulgate standards to govern humane treatment of animals by exhibitors ; ( 4 ) period of 11 years after effective date of AWA during which Department and related parties had yet to issue regulatory standards adequate to promote psychological well-being of primates constituted agency action unlawfully withheld and unreasonably delayed ; ( 5 ) regulation providing that decision whether to provide social grouping of primates would be left to exhibitors ' interpretation of currently accepted professional standards was arbitrary and capricious ; ( 6 ) proposed regulation did not afford sufficient notice of final regulation providing that exhibitors keep both primate environment plans and exemptions on-site ; and ( 7 ) AWA provision delegating discretion to Secretary of Agriculture to make investigations or inspections as deemed necessary precluded judicial review of Secretary 's decision whether to take any enforcement action under AWA . Is not jurisdictional . " At first , Awakuni did n't understand ; for one thing , he is n't Chinese . Silage with high final pH is not well-preserved . The woodpecker does not squat on the ground , but pecks at the bark of trees to drive out from under it maggots and gnats ; when they emerge , it licks them up with its tongue , which is large and flat .