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The Climate Litigation Database

Institute for Fisheries Resources v. U.S. Food & Drug Administration

Geography
🇺🇸 United States / California
Year
2016
Document Type
Litigation
Part of
Institute for Fisheries Resources v. Burwell

About this case

Filing year
2016
Status
Case remanded to the FDA without vacatur for reconsideration of the environmental assessment under NEPA and the ESA analysis in compliance with the court's ruling.
Geography
🇺🇸 United States → California
Docket number
3:16-cv-01574
Court/admin entity
United States → United States Federal Courts → United States District Court for the Northern District of California (N.D. Cal.)
Case category
Federal Statutory Claims (US) → Endangered Species Act and Other Wildlife Protection Statutes (US)Federal Statutory Claims (US) → NEPA (US)
Principal law
United States → Administrative Procedure Act (APA)United States → Endangered Species Act (ESA)United States → Federal Food, Drug, and Cosmetics Act (FFDCA)United States → Federal Register ActUnited States → Food and Drug Administration Modernization Act of 1997United States → National Environmental Policy Act (NEPA)
At issue
Challenge to the approval of a genetically engineered salmon for human consumption without adequate disclosure and consideration of environmental and other risks, including cumulative effects related to climate change.
Topics
, ,  

Documents

Filing Date
Document
Type
Topics 
Beta
11/05/2020
Case remanded to the FDA without vacatur for reconsideration of the environmental assessment under NEPA and the ESA analysis in compliance with the court's ruling.
Decision
12/19/2019
Defendants' motion for judgment on the pleadings granted in part and denied in part and plaintiffs' motion for summary judgment denied.
Decision
04/25/2019
Opposition filed by plaintiffs to defendants' motion for judgment on the pleadings and cross motion for summary judgment on Claims 1, 8, 12, and 13.
Opposition
08/30/2018
Federal defendants filed motion for judgment on the pleadings on Claims 1, 8, 12, and 13.
Motion
05/13/2017
Motion to stay granted.
Decision
04/27/2017
Opposition to motion to stay filed.
Opposition
04/14/2017
Motion filed by federal defendants to stay January 10, 2017 order pending petition for writ of mandamus.
Motion
01/10/2017
Motion to compel completion of administrative record granted.
Decision
09/28/2016
Ninth claim dismissed without prejudice.
Decision
08/30/2016
Motion to dismiss Claim 11 granted.
Decision
07/27/2016
Motion to intervene granted.
Decision
07/15/2016
Amended complaint filed.
Complaint
03/30/2016
Complaint filed.
Complaint

Summary

Challenge to the approval of a genetically engineered salmon for human consumption without adequate disclosure and consideration of environmental and other risks, including cumulative effects related to climate change.

 Topics mentioned most in this case  
Beta

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Fossil fuel
Economic sector
Adaptation/resilience
Finance