United States Second Circuit

Plaintiff need not allege that Bovine Spongiform Encephalopathy has been detected in the U.S. to allege a credible risk of harm sufficient to satisfy the injury-in-fact requirement at the pleading stage of his challenge to the USDA's refusal to prohibit the use of downed livestock for human consumption.

Appellate Information

• Decided 12/16/2003
• Published 12/16/2003

Judges

• Before:  STRAUB and POOLER, Circuit Judges, and HURD, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sheldon Eisenberg,Bryan Cave LLP (Michael G. Biggers and Kira P. Watson, on the brief), Santa Monica, CA, for Plaintiff-Appellant.


• For Appellees:
  
• Edward Chang, Assistant United States Attorney (James B. Comey, United States Attorney for the Southern District of New York, Meredith E. Kotler, Assistant United States Attorney, of counsel), New York, NY, for Defendants-Appellees.