The Court in Astra USA explained that Congress not only declined to include third-party litigation as an enforcement mechanism in the PHS Act, it passed on a subsequent opportunity to create a private right when informed that HHS oversight of Medicaid pricing was sorely lacking.
For starters, he asked his Louisiana Attorney General Buddy Caldwell to join with AGs of 13 other states who filed a Freedom of Information Act (FOIA) request with EPA on August 10, 2012, asking for any and all correspondence between EPA and a list of 80 environmental, labor union and public interest organizations that have been party to litigation since the start of the Obama administration.