Arkansas Dairy Coop. Ass'n. v. USDA, No. 08-5406

In a petition for review of the Secretary of Agriculture's rule reducing the minimum price required to be paid to milk producers, the petition is denied where 7 U.S.C. section 608c(17)(G) must be read to allow the Secretary an opportunity to determine and consider producers' feed and fuel costs after the evidentiary record is closed, and the Secretary complied with the statute.   

Read Arkansas Dairy Coop. Ass'n. v. USDA, No. 08-5406

Judges

Opinion by Judge Rogers

Partial Concurrence and Dissent by Judge Griffith

Counsel

For Appellants:

Benjamin F. Yale, Yale Law Office LP, Waynesfield, OH

For Appellees:

John H. Vetne, Raymond, NH