KORETOFF v. VILSACK

No. 09-5286.

614 F.3d 532 (2010)

Nick KORETOFF, doing business as Nick Koretoff Ranches, et al., Appellants v. Tom VILSACK, United States Secretary of Agriculture, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 2010.


Attorney(s) appearing for the Case

John H. Vetne argued the cause for appellants. With him on the briefs were Susan Silber and Kenneth Sigman.

Michael P. Abate, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Tony West, Assistant Attorney General, Channing D. Phillips, Acting United States Attorney, and Michael S. Raab, Attorney.

Opinion dissenting in part filed by Circuit Judge HENDERSON.


KAVANAUGH, Circuit Judge:

A 2007 Department of Agriculture rule mandates that almonds produced in the United States be pasteurized or chemically treated to prevent salmonella outbreaks. That requirement largely eliminates the ability of California almond producers to sell raw almonds—and therefore harms those producers' economic well-being. At the same time, because of what the California producers view as a statutory...

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