Category | Judicial Publications |
Collection | United States Courts Opinions |
SuDoc Class Number | JU 2.11 |
Court Type | Appellate |
Court Name | United States Court of Appeals for the Ninth Circuit |
Circuit | 9th |
Nature of Suit | Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
Party Names | Animal Legal Defense Fund, Appellant Elizabeth Barrett, Appellant Andrea Bock, Appellant Linda Calbreath, Appellant Jason Canada, Appellant Compassion Over Killing, Appellant Jeri Opalk, Appellant Humberto Retana, Appellant Agriculture Marketing Service, Appellee Alfred V. Almanza, Appellee Federal Trade Commission, Appellee Food Safety and Inspection Service, Appellee Margaret Hamburg, Appellee Edith Ramirez, Appellee David R. Shipman, Appellee U.S. Food & Drug Administration, Appellee
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15-15107 - Compassion Over Killing, et al v. FDA, et al |
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February 27, 2017
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FILED OPINION (MICHAEL DALY HAWKINS, MARSHA S. BERZON and MARY H. MURGUIA) We grant Plaintiffsâ request for judicial notice of documents that were omitted from the administrative record (Doc. No. [9577059-2]). See Fed. R. App. P. 10(e)(2)(C). We deny Plaintiffsâ request for judicial notice of two recent newspaper articles (Doc. No. [9736093-2]). These articles were not part of the administrative record on which the agencies based their decisions to deny Plaintiffsâ rulemaking petitions, and Plaintiffs have not âmet [their] heavy burden to show that the additional materials . . . are necessary to adequately reviewâ the agenciesâ decisions. See Fence Creek Cattle Co. v. U.S. Forest Serv., 602 F.3d 1125, 1131 (9th Cir. 2010).; AFFIRMED. Judge: MHM Authoring. FILED AND ENTERED JUDGMENT. [10333679]
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