Legal Opinion

Elizabeth L. Henley v. Food and Drug Administration, Department of Health and Human Services Kessler, Dr., Commissioner of Food and Drug United States

Court of Appeals for the Second Circuit

Decided February 22, 1996No. 262, Docket 95-6034PublishedCited by 47 opinions

1Opinion of the Court

McLAUGHLIN, Circuit Judge:

Elizabeth Henley, an attorney pro se, appeals from a summary judgment of the United States District Court for the Eastern District of New York (Arthur D. Spatt, Judge), upholding the United States Food and Drug Administration’s (“FDA”) denial of her citizen petition. Henley v. FDA, 873 F.Supp. 776 (E.D.N.Y.1995). On appeal, Henley argues that the FDA’s decision was arbitrary, capricious, an abuse of discretion, and contrary to law. We disagree, and affirm the judgment of the district court.

BACKGROUND

The background of this case has been set forth in considerable…

2Cases cited11 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  4. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
  5. Natural Resources Defense Council, Inc. v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1979

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3Cited by47 opinions

  1. Forest Watch, Forest Conservation Council, Friends of the Earth v. United States Forest Service, Docket No. 04-2839-CvCourt of Appeals for the Second Circuit · 2005
  2. Charter Operators v. BlankCourt of Appeals for the D.C. Circuit · 2012
  3. Natural Resources Defense Council, Inc. v. FoxDistrict Court, S.D. New York · 2000
  4. Natural Resources Defense Council, Inc. v. FoxDistrict Court, S.D. New York · 1998
  5. Supreme Oil Company v. Metropolitan Transportation Authority, Metro-North Commuter Rail Division and New York City Transit AuthorityCourt of Appeals for the Second Circuit · 1998

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