Physicians for Integrity in Medical Research, Inc. v. Ostroff

MEMORANDUM

Physicians for Integrity in Medical Research, Inc. (PIMR) filed this action against the Food and Drug Administration (FDA) alleging that the FDA’s refusal to revoke the approval given to the drug roflumilast was arbitrary and capricious under 5 U.S.C. § 706 (2)(A). The district court dismissed PIMR’s complaint for lack of standing, and PIMR now appeals. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Any alleged injury must have a “causal connection ... [to] the conduct complained of—the injury has to be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party not before the court.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992) (internal quotation marks, alterations, and ellipses omitted).

Dr. Nilesh Desai, a member of PIMR who filed a declaration in this action, is unable to demonstrate that any of his alleged injuries is “fairly traceable” to the FDA. Because Dr. Desai does not have standing, PIMR also does not have standing. See Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 181 , 120 S.Ct. 693 , 145…