Hamburg

Center for Food Safety v. Hamburg

Good Law
142 F. Supp. 3d 898·2015 WL 6755596·2015 U.S. Dist. LEXIS 151216
United States District Court, Northern District of CaliforniaNovember 5, 2015Consolidated Case Nos. 14-cv-04932-YGR and 14-cv-04933-YGRCalifornia5,663 words

Opinion

Lead Opinion

Rogers, J.

Order on Intervenor-Defendant’s Motion to Dismiss* Order to Show Cause Re* Stay Pending Exhaustion

Re: Dkt. No.

Plaintiffs Center for Food Safety, et al., (collectively, “plaintiffs”) bring these cases against defendants United States Food and Drug Administration (“FDA”) and Margaret Hamburg, in her Official capacity as the Commissioner of the FDA (collectively, “defendants”), alleging violations of the National Environmental Protection Act (“NEPA”) and the Administrative Procedure Act (“APA”). Plaintiffs seek declaratory and injunctive relief directing the FDA to comply with NEPA and its implementing regulations with respect to approval of ractopamine hydrochloride (“rac-topamine”) and ractopamine combination animal drugs from 2008 to 2014. On March 5, 2015, the Court consolidated the two cases for all purposes. (Dkt. No. 32.) 1 In-tervenor-defendant Elanco Animal Health (“Elanco”) moved to intervene in both cases, and on April. 1, 2015, the Court granted Elanco’s motion. (Dkt. No. ■ 45.)

Pending before the Court is defendant-intervenor Elanco’s 2 motion to dismiss the *901 complaints for plaintiffs’ failure to exhaust administrative remedies. (Dkt. No. 58, “Mtn.”) Having…

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