Azar

Animal Legal Defense Fund v. Azar

Good Law
United States District Court, Northern District of CaliforniaJuly 14, 20223:20-cv-03703California697 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 ANIMAL LEGAL DEFENSE FUND, et al., Case No. 20-cv-03703-RS Plaintiffs, 11 v. ORDER DENYING DEFENDANTS’ MOTION TO CHANGE TIME ALEX AZAR, et al., 13 Defendants.

15 This is a challenge under the Administrative Procedures Act (APA) to the Food and Drug Administration’s approval of the animal drug Experior for use in cattle feedlots. In APA actions, review is generally limited to the administrative record. To support their motion for summary judgment, however, plaintiffs have offered a 43-page declaration of a putative expert witness. Plaintiffs contend the declaration will (1) serve to assist the court in determining “whether the agency has considered all relevant factors and has explained its decision,” and/or, (2) help “explain technical terms or complex subject matter.” See, Southwest Center. for Biological Diversity v. U.S. Forest Serv., 100 F.3d 1443, 1450 (9th Cir. 1996) (listing those as among the limited…

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