Justice Department Wants FSMA Lawsuit Dismissed

Federal judge Phyllis J. Hamilton was asked by the U.S. Department of Justice to dismiss the complaint filed against the Center for Food Safety and Center for Environmental Health.

“The sole remedy available for an unreasonable agency delay claim is for the court to compel agency action, such as by issuing an order requiring the agency to act, without directing the substantive content of the decision,” lawyers for the Justice Department wrote. “However, in matters involving rulemaking on complex scientific and technical issues, courts routinely refuse to intervene to compel agency action by a certain date.”

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