D.C. Circuit Affirms Dismissal of Poultry Inspection System Challenge

The U.S. Court of Appeals for the D.C. Circuit has affirmed a lower
court’s dismissal of Food & Water Watch’s challenge to the New Poultry
Inspection System (NPIS). Food & Water Watch, Inc. v. Vilsack, No.
15-5037 (D.C., order entered December 22, 2015). The organization
argued that the NPIS did not comply with the Poultry Products Inspection
Act and would increase the risk of foodborne illnesses resulting from
contaminated poultry. The lower court found that Food & Water Watch
leaders did not have standing to sue because they could not show that the
increased risk and probability of harm was substantial. The appeals court
agreed, noting that the organization’s arguments ignored some provisions
of the NPIS requiring more “offline” inspections, which could lower
the risk of foodborne illness. Additional information about the lower
court’s ruling appears in Issue 555 of this Update.

Issue 589