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NAT. WILDLIFE FED. v. SEC. OF HEALTH & HUMAN SERV.

No. 85-3943.

808 F.2d 12 (1986)

NATIONAL WILDLIFE FEDERATION, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Food and Drug Administration, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided December 23, 1986.

Attorney(s) appearing for the Case

Mark Van Putten, National Wildlife Federation, Ann Arbor, Mich., for petitioner.

Marcia A. Johnson, Office of Consumer Litigation, U.S. Dept. of Justice, Washington, D.C., for respondents.

Before KENNEDY and MILBURN, Circuit Judges, and BROWN, Senior Circuit Judge.

CORNELIA G. KENNEDY, Circuit Judge.

The National Wildlife Federation ("NWF") challenges the U.S. Food and Drug Administration's ("FDA") refusal to issue an interim action level or tolerance setting acceptable levels of dioxin contamination for human consumption of fish and other food pursuant to the Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392 (1982) ("FDCA"). Because we conclude that FDA's decision not to issue an interim level or tolerance is in...

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