Monday, July 28, 2014


NRDC v. US FDA - 7/23/14. In the U.S. Court of Appeals, Second Circuit, Case No. 12-2106. Defendants, Food and Drug Administration (FDA) challenge the district court's conclusion that FDA is required to proceed with hearings to determine whether to withdraw approval for the use of penicillin and tetracyclines in animal feed and that its decision denying two citizen petitions urging it to hold such hearings was arbitrary or capricious. In a split decision, with a lengthy dissent, the Majority reversed the district court decision and remanded to the district court with instructions to deny the plaintiffs' motion for summary judgment, grant the defendants' motion for summary judgment, and dismiss the action.

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