United States DC Circuit

Peition for review of respondent granting intervenor's application for registration as an importer of narcotic raw materials under the Controlled Substances Act and the Controlled Substances Import and Export Act is denied over claims that respondent: 1) misconstrued its obligations under 21 U.S.C. section 823(a)(1) by ignoring the systemic impact of internvenor's registration on diversion throughout the chain of distribution; and 2) acted arbitrarily and capriciously by improperly shifting the burden of proof from intervenor to the objectors.

Appellate Information

• Argued 04/17/2007
• Decided 06/26/2007
• Published 06/26/2007

Judges

• Before:  SENTELLE, HENDERSON and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Wayne H. Matelski argued the cause for the petitioner.  Julia C. Tierney was on brief., Steven J. Poplawski and Scott M. Badami were on brief for intervenor Mallinckrodt, Inc. in support of the petitioner.


• For Appellees:
  
• Brian M. Tomney, Attorney, United States Department of Justice, argued the cause for the respondent.  Teresa A. Wallbaum, Attorney, was on brief., Douglas J. Behr was on brief for intervenor Chattem Chemicals, Inc. in support of the respondent.