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RENAL PHYSICIANS ASS'N v. U.S. DEPT. OF HEALTH

No. 06-5133.

489 F.3d 1267 (2007)

RENAL PHYSICIANS ASSOCIATION, Appellant v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 2007.

Attorney(s) appearing for the Case

Robert S. Plotkin argued the cause for appellant. With him on the briefs was E. Duncan Getchell, Jr.

Jeffrey T. Green was on the brief for amici curiae American Medical Association et al. in support of appellant.

Stephanie R. Marcus, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Thomas M. Bondy, Attorney.

Before: GINSBURG, Chief Judge, and GARLAND and BROWN, Circuit Judges.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

The issue in this case is standing to challenge a regulatory safe harbor where the direct cause of injury is the independent action of a third party. The same issue was before this court in National Wrestling Coaches Ass'n v. Department of Education, 366 F.3d 930 (D.C.Cir.2004) (National Wrestling), though the factual context there was...

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