Eli Lilly & Co. v. Environmental Protection Agency

ENTRY

DILLIN, District Judge.

This cause is before the Court upon the motions of the Environmental Protection Agency (EPA) and the Aceto Chemical Company, Inc. (Aceto) to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. For the following reasons, those motions are granted in part and denied in part.

Memorandum of Law

Eli Lilly and Company (Lilly) filed this lawsuit against Aceto, the EPA, and the EPA’s administrator. Lilly has alleged that this action arises under the Constitution of the United States and the Federal Insecticide,…