United States Ninth Circuit

In an action brought by veterans organizations and individuals who were subjects in chemical an biological weapons experiments conducted by the US military, seeking declaratory and injunctive relief against federal agencies, the district court's judgment is: 1) affirmed in part as to grant of injunction relating to the US Army's ongoing duty under Army Regulation 70-25 to provide former test subjects with newly available information relating to their health, and that this duty was judicially enforceable under Section 706(1) of the Administrative Procedure Act ; and 2) reversed in part as to grant of summary judgment to the government where the court could not, in the absence of mootness, categorically deny injunctive relief to former volunteer subjects seeking necessary medical care because some former subjects may be entitled to receive medical care from another government agency.

Appellate Information

• Decided 06/30/2015
• Published 06/30/2015

Judges

• Fletcher

Court

• United States Ninth Circuit

Counsel