Pacific Legal Foundation v. Goyan

As to standing, I am in full agreement with the majority. My dissent concerns the conclusion that the FDA lacks power to reimburse those whose participation in agency proceedings can reasonably be expected to contribute to a full and fair determination of the issue, but who, without reimbursement of their expenses, would be unable to participate effectively.

The authority of the FDA to hold hearings is clear. See, e. g., 21 U.S.C. §§ 344(b), 348(f), 355(c)-(e), 360b(d)-(e), 360e(g), 371(e). The authority to compel attendance to testify and otherwise to develop a record is also clear. 5 U.S.C.…