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NATURAL RESOURCES DEFENSE COUNCIL v. U.S. FDA

Docket Nos. 12-2106-cv(L), 12-3607-cv(CON).

760 F.3d 151 (2014)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Center for Science in the Public Interest, Food Animal Concerns Trust, Public Citizen, Inc., Union of Concerned Scientists, Inc., Plaintiffs-Appellees, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Margaret Hamburg, in her official capacity as Commissioner, United States Food and Drug Administration, Center for Veterinary Medicine, Bernadette Dunham, in her official capacity as Director, Center for Veterinary Medicine, United States Department of Health and Human Services, Kathleen Sebelius, in her official capacity as Secretary, United States Department of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 24, 2014.

Attorney(s) appearing for the Case

Jennifer A. Sorenson ( Mitchell S. Bernard , Avinash Kar , on the brief), Natural Resources Defense Council, New York, NY, for Plaintiffs-Appellees.

Ellen London ( Amy A. Barcelo , Benjamin H. Torrance , Assistant United States Attorneys, David J. Horowitz , Deputy General Counsel, Elizabeth H. Dickinson , Chief Counsel, Food and Drug Division, Eric M. Blumberg , Deputy Chief Counsel, Litigation, Thomas J. Cosgrove , Associate Chief Counsel, Department of Health and Human Services, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellants.

Chief Judge KATZMANN dissents in a separate opinion.

GERARD E. LYNCH, Circuit Judge:

For nearly seventy years, antibiotics have provided dramatic medical advances in the treatment of bacterial infections.1 For nearly as long, scientists have been concerned about the problem of antibiotic resistance. Through repeated exposure to antibiotics, some strains of bacteria develop resistance or immunity to particular antibiotics. Such resistance presents...

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