COMPASSION OVER KILLING v. U.S. FOOD & DRUG ADMIN.

No. 15-15107.

849 F.3d 849 (2017)

COMPASSION OVER KILLING, a non-profit organization; Animal Legal Defense Fund, a non-profit organization; Elizabeth Barrett; Andrea Bock; Linda Calbreath; Jason Canada; Jeri Opalk; Humberto Retana, Plaintiffs-Appellants, v. U.S. FOOD & DRUG ADMINISTRATION; Margaret Hamburg, M.D., Commissioner; Agriculture Marketing Service; David R. Shipman, Administrator; Food Safety and Inspection Service; Alfred V. Almanza, Administrator; Federal Trade Commission; Edith Ramirez, Chairwoman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 27, 2017.


Attorney(s) appearing for the Case

Monte M.F. Cooper (argued), Orrick Herrington & Sutcliffe LLP, Menlo Park, California; Karen G. Johnson-McKewan , Orrick Herrington & Sutcliffe LLP, San Francisco, California; for Plaintiffs-Appellants.

Jeffrey E. Sandberg (argued) and Mark B. Stern , Attorneys, Appellate Staff; Brian Stretch , Acting United States Attorney; Benjamin C. Mizer , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Before: Michael Daly Hawkins, Marsha S. Berzon, and Mary H. Murguia, Circuit Judges.


OPINION

Plaintiffs Compassion Over Killing, the Animal Legal Defense Fund, and six individual egg consumers submitted rulemaking petitions to Defendants U.S. Food and Drug Administration ("FDA"), Federal Trade Commission ("FTC"), Agricultural Marketing Service ("AMS"), and Food Safety and Inspection Service ("FSIS...

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