Attorney(s) appearing for the Case
John A. Gilliam (argued), James Winford Bowen, Jenkens & Gilchrist, Dallas, TX, for Plaintiff-Appellee.
Colette Gianna Matzzie (argued), Mark Bernard Stern, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, DC, for Defendant-Appellant.
Richard Melvyn Cooper, Christopher Nicholas Manning (argued), Williams & Connolly, Washington, DC, for Center for Science in the Public Interest, Consumer Federation of America, National Consumers League, Safe Tables Our Priority and American Public Health Ass'n, Amici Curiae.
Philip Craig Olsson (argued), Olsson, Frank & Weeda, Washington, DC, for National Meat Ass'n, Intervenor, American Ass'n of Meat Processors, North American Meat Processors Ass'n, Southeastern Meat Ass'n and Southwestern Meat Ass'n, Amici Curiae.
Before REAVLEY, HIGGINBOTHAM and PARKER, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Certain meat inspection regulations promulgated by the Secretary of Agriculture, which deal with the levels of Salmonella in raw meat product, were challenged as beyond the statutory authority granted to the Secretary by the Federal Meat Inspection Act. The district court struck down the regulations. We hold that the regulations fall outside of the statutory grant of rulemaking authority and affirm.
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