Hahn

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

INSTITUTE FOR FISHERIES Case No. 16-cv-01574-VC RESOURCES, et al.,

Plaintiffs, ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' v. MOTION FOR SUMMARY

JUDGMENT; GRANTING IN PART

UNITED STATES FOOD AND DRUG AND DENYING IN PART

ADMINISTRATION, et al., DEFENDANTS' CROSS-MOTION

FOR SUMMARY JUDGMENT

Defendants. Re: Dkt. Nos. 244, 254

This case involves a challenge to a decision by the Food and Drug Administration to allow a company to create and farm genetically engineered salmon. As part of the approval process, the FDA assessed the likelihood that the engineered salmon would escape from captivity and adversely affect normal salmon—including salmon species that are endangered. The agency concluded that the engineered salmon were highly unlikely to escape from the two facilities where the company initially planned to raise them, and that even if the salmon found a way to escape they were unlikely to survive or establish themselves as a population in the wild. The FDA did not, however, meaningfully analyze what might happen to normal salmon in…