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RIVERBEND FARMS, INC. v. MADIGAN

Nos. 90-15505, 90-15781.

958 F.2d 1479 (1992)

RIVERBEND FARMS, INC., a California Corporation; Sequoia Orange Co.; Exeter Orange Co., a California Corporation, Plaintiffs-Appellees, v. Edward R. MADIGAN, Secretary Department of Agriculture, Defendant-Appellant. RIVERBEND FARMS, INC., a California Corporation; Sunny Cove Citrus Association, a California cooperative corporation; Belridge Packing Co., a California corporation; Sequoia Orange Company, Inc., a California corporation; and Exeter Orange Company, Inc., a California corporation, Plaintiffs-Appellants, v. Edward R. MADIGAN, Secty Dept. of Agriculture, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 17, 1992.

Attorney(s) appearing for the Case

James Moody, Washington, D.C., and Thomas E. Campagne, A Professional Corporation, Fresno, Cal., for plaintiffs-appellees-appellants.

Mark W. Pennack, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant-appellee.

Before CANBY and KOZINSKI, Circuit Judges, and CARROLL, District Judge.

KOZINSKI, Circuit Judge.

Procedure, not substance, is what most distinguishes our government from others. In the not-so-distant past, a government agency in the Soviet Union could impose controls on the production of commodities without bothering to involve the public in the decisionmaking process. By contrast, a government agency in the United States must usually give notice to, and accept comments from, the public before undertaking to place manacles on the invisible...

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