FOOD & WATER WATCH, INC. v. VILSACK

No. 15-5037.

808 F.3d 905 (2015)

FOOD & WATER WATCH, INC., et al., Appellants v. Thomas J. VILSACK, in his Official Capacity as the U.S. Secretary of Agriculture, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 2015.


Attorney(s) appearing for the Case

Zachary B. Corrigan argued the cause and filed the briefs for appellants.

Daniel Tenny , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Vincent H. Cohen Jr. , Acting U.S. Attorney, and Mark B. Stern , Attorney. Adam C. Jed , Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge WILKINS. Opinion concurring in the judgment filed by Circuit Judge HENDERSON. Concurring opinion filed by Circuit Judge MILLETT.


Margaret Sowerwine and Jane Foran, individual consumers of poultry, and Food & Water Watch, Inc. ("FWW"), their organizational advocate, fear that new regulations promulgated by the United States Department of Agriculture ("USDA") may result in an increase in foodborne illness from contaminated poultry. To prevent the...

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