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NEESE v. JOHANNS

No. 06-2119.

518 F.3d 215 (2008)

William J. NEESE; Daniel M. Johnson, Plaintiffs-Appellants, v. Mike JOHANNS, Secretary of Agriculture; United States Department of Agriculture; Commodity Credit Corporation; Philip Morris USA, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 3, 2008.

Attorney(s) appearing for the Case

ARGUED: Daniel S. Haltiwanger, Richardson, Patrick, Westbrook & Brickman, L.L.C., Barnwell, South Carolina, for Appellants. R. Hewitt Pate, Hunton & Williams, Richmond, Virginia; Sarang Damle, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Daniel H. Caldwell, Cameron Scott Bell, Penn, Stuart & Eskridge, Abingdon, Virginia, for Appellants. Peter D. Keisler, Assistant Attorney General, John L. Brownlee, United States Attorney, Mark B. Stern, Eric J. Feigin, United States Department of Justice, Washington, D.C., for Federal Appellees. Lonnie D. Nunley, III, Kevin C. Walsh, Carrie B. Freed, Hunton & Williams, Richmond, Virginia; Larry B. Sitton, Gregory G. Holland, Jonathan P. Heyl, Smith Moore, L.L.P., Greensboro, North Carolina, for Appellee Philip Morris USA, Incorporated.

Before NIEMEYER and SHEDD, Circuit Judges, and LEONIE M. BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge BRINKEMA wrote the opinion, in which Judge NIEMEYER and Judge SHEDD joined.

OPINION

BRINKEMA, District Judge:

Appellants William Neese and Daniel Johnson, producers of burley tobacco, seek to challenge the Secretary of Agriculture's implementation of the Fair and Equitable Tobacco Reform Act of 2004 ("FETRA"). The Act authorized the Secretary to offer buyout contracts to tobacco producers who had previously operated...

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