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HARVEY v. VENEMAN

No. 04-1379.

396 F.3d 28 (2005)

Arthur HARVEY, Plaintiff, Appellant, v. Ann VENEMAN, Secretary of Agriculture, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 26, 2005.

Attorney(s) appearing for the Case

Paula Dinerstein with whom Lobel, Novins & Lamont was on brief for appellant.

Susan E. Stokes, Jill E. Krueger, Farmers' Legal Action Group, and Joseph Mendelson III, Center for Food Safety, on brief for Rural Advancement Foundation International-USA, Center for Food Safety, and Beyond Pesticides, Amici Curiae.

James Handley, Handley Environmental Law, on brief for Organic Consumers Association, Sierra Club, Public Citizen, Inc., Northeast Organic Farming Association/Massachusetts Chapter, Inc., John Clark, Merrill Clark, Anne Mendenhall, Greenpeace USA, and Waterkeeper Alliance, Amici Curiae.

Halsey B. Frank, Assistant United States Attorney, with whom Paula D. Silsby, United States Attorney, was on the brief for appellee.

Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge.

Arthur Harvey appeals the District Court's grant of summary judgment to Secretary of Agriculture Ann Veneman on Harvey's claims alleging that multiple provisions of the National Organic Program Final Rule ("Final Rule" or "Rule"), 7 C.F.R. Pt. 205, are inconsistent with the Organic Foods Production Act of 1990, 7 U.S.C. §§ 6501-6523 ("OFPA" or "Act").

Harvey appeals on seven of the nine counts he originally brought...

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