Sound The Alarm: Uninjured Plaintiffs Now Have Standing

Law360, New York (April 11, 2013, 12:38 PM EDT) -- Recently, the Second Circuit released an opinion in a case brought by the National Resources Defense Council (NRDC) against the U.S. Food and Drug Administration seeking to compel the FDA to finalize regulation of chemicals contained in over-the-counter antiseptic antimicrobial soap.

In reviewing the lower court’s grant of summary judgment to the FDA on grounds that the NRDC lacked standing, the Second Circuit held that standing of an organization like the NRDC to bring this type of suit hinged on whether organization members have a significant...
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