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15-15107 - Compassion Over Killing, et al v. FDA, et al


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15-15107 - Compassion Over Killing, et al v. FDA, et al
February 27, 2017
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FILED OPINION (MICHAEL DALY HAWKINS, MARSHA S. BERZON and MARY H. MURGUIA) We grant Plaintiffs’ 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 Plaintiffs’ 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 Plaintiffs’ rulemaking petitions, and Plaintiffs have not “met [their] heavy burden to show that the additional materials . . . are necessary to adequately review” the agencies’ 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]