CACTUS CORNER v. U.S. DEPT. OF AGRICULTURE

No. 04-16003.

450 F.3d 428 (2006)

CACTUS CORNER, LLC, a California Limited Liability Corporation; Venida Packing Company, a California Corporation; California Citrus Mutual; California Grape and Tree Fruit League, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF AGRICULTURE; Ann M. Veneman, Secretary of Agriculture; Bobby R. Acord, Administrator, Animal and Plant Health Inspection Service, Defendants-Appellees, Intercitrus, a Spanish Trade Association; Ibertrade Commercial Corporation, a New York Corporation; LGS Specialty Sales, Ltd., a New York "S" Corporation; Luke G. Sears, President of LGS Specialty Sales, Ltd., Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2006.


Attorney(s) appearing for the Case

Roger M. Witten, Neil J. King (argued), Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for the plaintiffs-appellants.

Jan L. Kahn, Kahn, Soares & Conway, Hanford, CA, for the plaintiffs-appellants.

Peter D. Keisler, McGregor W. Scott, Michael S. Raab, Teal Luthy Miller (argued), U.S. Department of Justice, Washington, D.C., for the defendants-appellees.

David A. Holzworth, Hiromi Maruyama, Lepon Holzworth & Kato, PLLC, Washington, D.C., for the intervenors-appellees.

Before: RYMER, FLETCHER, and CLIFTON, Circuit Judges.


CLIFTON, Circuit Judge:

The Mediterranean fruit fly, widely known as the medfly, may be tiny — slightly smaller than a common housefly — but it carries enormous weight. It is widely regarded as one of the world's most destructive fruit pests. The medfly damages citrus and other fruits by planting eggs that hatch inside the fruit, and it reproduces rapidly: a female medfly can lay as many as 800 eggs during a lifetime of less than a month. The species...

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