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ANIMAL LEGAL DEFENSE FUND v. U.S. F.D.A.

No. 13-17131.

836 F.3d 987 (2016)

ANIMAL LEGAL DEFENSE FUND, Plaintiff-Appellant, v. U.S. FOOD & DRUG ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2016.

Attorney(s) appearing for the Case

Monte M.F. Cooper , Derek F. Knerr , and Scott Lindlaw , Orrick, Herrington & Sutcliffe LLP, Menlo Park, California, for Plaintiff-Appellant.

Dara S. Smith and Michael S. Raab , Attorneys, Appellate Staff; Victoria R. Carradero , Assistant United States Attorney; Civil Division, Department of Justice, Washington, D.C.; for Defendant-Appellee.

Caitlin Zittkowski and Cristina R. Stella , San Francisco, California, as and for Amicus Curiae Center for Food Safety.

Before: Sidney R. Thomas, Chief Judge, and Stephen Reinhardt, Alex Kozinski, Ronald M. Gould, Richard A. Paez, Richard C. Tallman, Jay S. Bybee, Milan D. Smith, Jr., Morgan Christen, Jacqueline H. Nguyen and John B. Owens, Circuit Judges.

OPINION

We voted to rehear this case en banc to reconsider our circuit precedent on the standard of review applicable to summary judgment decisions in cases brought pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. We agree with the three-judge panel that the appropriate standard of review is de novo.

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