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The Climate Litigation Database
Litigation

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

Date
2016
Geography
California
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
Docket number
3:16-cv-01574
Court/admin entity
United States → United States Federal Courts → N.D. Cal.
Case category
Federal Statutory Claims → Endangered Species Act and Other Wildlife Protection StatutesFederal Statutory Claims → NEPA
Principal law
Federal Register ActUnited States → Administrative Procedure Act (APA)United States → Endangered Species Act (ESA)United States → Federal Food, Drug, and Cosmetics Act (FFDCA)United 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.

Documents

Filing Date
Type
Action Taken
Document
Summary
11/05/2020
Decision
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.
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12/19/2019
Decision
Defendants' motion for judgment on the pleadings granted in part and denied in part and plaintiffs' motion for summary judgment denied.
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04/25/2019
Opposition
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.
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08/30/2018
Motion
Federal defendants filed motion for judgment on the pleadings on Claims 1, 8, 12, and 13.
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05/13/2017
Decision
Motion to stay granted.
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04/27/2017
Opposition
Opposition to motion to stay filed.
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04/14/2017
Motion
Motion filed by federal defendants to stay January 10, 2017 order pending petition for writ of mandamus.
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01/10/2017
Decision
Motion to compel completion of administrative record granted.
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09/28/2016
Decision
Ninth claim dismissed without prejudice.
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08/30/2016
Decision
Motion to dismiss Claim 11 granted.
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07/27/2016
Decision
Motion to intervene granted.
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07/15/2016
Complaint
Amended complaint filed.
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03/30/2016
Complaint
Complaint filed.
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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.