Animal Legal Defense Fund v. U.S. Food & Drug Administration

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.

We adopt and reiterate the reasoning set' forth by the three-judge panel in its concurrence. Under our usual practice, “[w]e review the district court’s grant or denial of motions for summary judgment de novo.” Ariz. Dream Act Coal. v. Brewer, 818 F.3d 901, 908 (9th Cir. 2016) (citing Besinga v. United States, 14 F.3d 1356, 1359 (9th Cir. 1994)). Thus, on appellate review, we employ the same standard used by the trial court under Federal Rule of *989 Civil Procedure 56(c). See Suzuki Motor Corp. v. Consumers Union, Inc., 330 F.3d 1110, 1131 (9th Cir. 2003). As required by that standard, we view the evidence in the light most favorable to the nonmoving party, determine whether there are any genuine issues of material fact, and decide whether the district court correctly applied the relevant substantive law. See Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922…