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AMERICAN LEGION v. DERWINSKI

Nos. 93-5404, 94-5013.

54 F.3d 789 (1995)

The AMERICAN LEGION, Appellant, v. Edward DERWINSKI, Secretary, Department of Veterans Affairs; Donna E. Shalala, Secretary, Department of Health and Human Services; William L. Roper, M.D., Director, Centers for Disease Control; Vernon N. Houk, Director, Center for Environmental Health and Injury Control Center; United States of America, Appellees. VIETNAM VETERANS OF AMERICA; Harold A. Butler; Carol Ridolfi-Delaney; Marel J. Macki; Beverly Nehmer, Appellants, v. Edward DERWINSKI, Secretary, Department of Veterans Affairs; Donna E. Shalala, Secretary, Department of Health and Human Services; William L. Roper, M.D., Director, Centers for Disease Control; Vernon N. Houk, Director, Center for Environmental Health and Injury Control Center; United States of America, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 1995.

Attorney(s) appearing for the Case

Gershon M. Ratner argued the cause for appellants. With him on briefs were Mark A. Venuti and Ron Simon. Barton F. Stichman entered an appearance for appellants.

Jonathan R. Siegel, U.S. Dept. of Justice, argued the cause for appellees. With him on brief were Frank W. Hunger, Asst. Atty. Gen., Eric H. Holder, Jr., U.S. Atty., and Robert S. Greenspan, U.S. Dept. of Justice.

Before: EDWARDS, Chief Judge, and RANDOLPH and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The American Legion and others appeal from the grant of summary judgment rejecting their challenge to the decision of the Secretary of Veterans Affairs to abandon a congressionally mandated epidemiological study of the effects of exposure to dioxin, a by-product of Agent Orange and other herbicides, on Vietnam veterans.1 The district court ruled that the...

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