Dea

MEMORANDUM

George Mathew, M.D., appeals the Drug Enforcement Agency Deputy Administrator’s final decision denying his application for renewal of his DEA registration certificate. We have jurisdiction under 21 U.S.C. § 877 and we deny the petition for review.

The narrow parameters of our review are set by the Administrative Procedure Act, 5 U.S.C. § § 551 et seq., and this court may not substitute its judgment for the agency’s. Fry v. D.E.A., 353 F.3d 1041, 1043 (9th Cir.2003). The agency’s factual findings are reviewed under the substantial evidence standard, Donchev v. Mukasey, 553 F.3d 1206, 1212-13 (9th Cir. 2009), and its decisions may be set aside only if arbitrary, capricious, an abuse of discretion, or not in accordance with the law. Fry, 353 F.3d at 1043 (citing 5 U.S.C. § 706 (2)(A)).

An application for registration may be denied if the Administrator “determines that the issuance of such registration would be inconsistent with the public interest.” 21 U.S.C. § 823 (f). Inconsistency with the public interest is determined by considering five statutory factors. Id. The Administrator may accord each factor the weight that he or she deems appropriate in determining the…