NATURAL RESOURCES DEFENSE v. U.S. FOOD AND DRUG

Docket No. 11-422-cv.

710 F.3d 71 (2013)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Plaintiff-Appellant, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Kathleen Sebelius, in her Official Capacity as Secretary, United States Department of Health and Human Services, Margaret Hamburg, in her Official Capacity as Commissioner, United States Food And Drug Administration, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 15, 2013.

Amended: March 21, 2013.


Attorney(s) appearing for the Case

Aaron S. Colangelo , Natural Resources Defense Council ( Mitchell S. Bernard , Nancy Sharman Marks , Vivian H.W. Wang , Natural Resources Defense Council, New York, N.Y., on the brief), Washington, D.C., for Plaintiff-Appellant.

John D. Clopper , Assistant United States Attorney for the Southern District of New York ( Preet Bharara , United States Attorney, Sarah S. Normand , Assistant United States Attorney, on the brief), New York, N.Y., for Defendants-Appellees.

Alison M. Zieve , Public Citizen Litigation Group ( Scott L. Nelson , on the brief), Washington, D.C., for Amici Curiae Public Citizen, Inc., Asian American Legal Defense Fund, Bronx Health Link, Inc., Empire State Consumer Project, Equal Justice Society, Healthy Schools Network, Institute for Health and Environment at University at Albany, National Campaign to Restore Civil Rights, New York City Environmental Justice Alliance, New York Committee for Occupational Safety and Health, New York Lawyers for the Public Interest, Inc., and Center for Civil Rights, UNC School of Law, in support of Plaintiff-Appellant.

Before: POOLER, LYNCH, Circuit Judges, COGAN, District Judge.


POOLER, Circuit Judge:

Plaintiff-Appellant Natural Resources Defense Council ("NRDC") appeals from a judgment of the United States District Court for the Southern District of New York (Hellerstein, J.), granting summary judgment to defendants the Food and Drug Administration ("FDA"), Kathleen Sebelius, and Margaret Hamburg (collectively, the "government"). At issue is whether NRDC has standing under Article III of the U.S. Constitution to bring this action to compel...

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