ARKANSAS DAIRY CO-OP ASS'N v. U.S. DEPT. OF AGR.

No. 08-5406.

573 F.3d 815 (2009)

ARKANSAS DAIRY COOPERATIVE ASSOCIATION, INC., et al., Appellants v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2009.


Attorney(s) appearing for the Case

Benjamin F. Yale argued the cause for appellants. With him on the briefs was Ryan K. Miltner.

John H. Vetne and Steven J. Rosenbaum argued the cause for appellees Agri-Mark, Inc., et al. and International Dairy Foods Association. Susan C. Silber entered an appearance.

Kelsi Brown Corkran, Attorney, U.S. Department of Justice, argued the cause for federal appellee. With her on the brief were Gregory G. Katsas, Assistant Attorney General, and Michael S. Raab, Attorney.

Opinion by Circuit Judge GRIFFITH dissenting in part and concurring in the judgment in part.


ROGERS, Circuit Judge:

The Secretary of Agriculture establishes formulas to calculate the minimum prices that dairy handlers (processors, manufacturers, and distributors) must pay dairy producers (farmers) for milk. 7 U.S.C. § 608c(5). As part of those formulas, the Secretary sets "make allowances," which represent the costs to handlers in making certain forms of dairy products. In July 2008, the Secretary promulgated an interim rule amending milk marketing orders...

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