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HARVEY v. JOHANNS

No. 06-2738.

494 F.3d 237 (2007)

Arthur HARVEY, Plaintiff, Appellant, v. Mike JOHANNS, Secretary of Agriculture, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 24, 2007.

Attorney(s) appearing for the Case

Paula Dinerstein, with whom Public Employees for Environmental Responsibility was on brief, for appellant.

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

William J. Friedman, with whom Richard D. Dietz and Covington & Burling LLP were on brief, for Organic Trade Association, International Dairy Foods Association, and United Fresh Produce Association, amici curiae.

Before LIPEZ and NEWMAN, Circuit Judges, and SELYA, Senior Circuit Judge.

SELYA, Senior Circuit Judge.

This appeal has many of the characteristics of a civics lesson. One principal characteristic is that it offers a window on the interaction of the three branches that comprise our tripartite system of government. The lesson began when the Legislative Branch — Congress — enacted a consumer protection statute. It continued when the Executive Branch — in the person of the Secretary of Agriculture (the Secretary) —...

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