In re: Natural Res. Defense Council, et al., No. 10-1142 (D.C. Cir. 2011)
Annotate this CaseThis appeal concerned whether the court or the district court had jurisdiction over matters relating to a citizen petition filed pursuant to FDA regulations promulgated under the Food, Drug, and Cosmetic Act ("Act"), 21 U.S.C. 301, et seq. Because its citizen petition to revoke regulations permitting Bisphenol A ("BPA") to be used as a food additive had been pending since October 21, 2008, the NRDC sought what amounted to be a writ of mandamus directing the FDA to issue a final decision on its petition. The court held that exclusive jurisdiction over citizen petitions was with the district court and accordingly, dismissed the petition.
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