National Wildlife Federation v. Secretary of Health and Human Services, Food and Drug Administration

CORNELIA G. KENNEDY, Circuit Judge.

The National Wildlife Federation (“NWF”) challenges the U.S. Food and Drug Administration’s (“FDA”) refusal to issue an interim action level or tolerance setting acceptable levels of dioxin contamination for human consumption of fish and other food pursuant to the Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392 (1982) (“FDCA”). Because we conclude that FDA’s decision not to issue an interim level or tolerance is in accordance with law, we affirm.

On January 20, 1984, NWF filed an administrative petition with FDA requesting, inter alia, 1 that FDA…