KORETOFF v. VILSACK

No. 12-5075.

707 F.3d 394 (2013)

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

United States Court of Appeals, District of Columbia Circuit.

Decided February 22, 2013.


Attorney(s) appearing for the Case

John H. Vetne argued the cause for appellants. With him on the briefs was Susan Silber .

David A. Nauheim and James S. Turner were on the brief for amici curiae Alliance for Natural Health USA, et al. in support of appellants.

Michael P. Abate , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, Michael S. Raab , Attorney, and Andrew R. Varcoe , Attorney, U.S. Department of Agriculture.

Concurring opinion filed by Senior Circuit Judge WILLIAMS.


PER CURIAM:

Appellants, California almond producers, claim that the Secretary of Agriculture, seeking to prevent the spread of salmonella, exceeded his authority in requiring California almonds sold domestically to be treated with heat or chemicals. The district court granted summary judgment for the Secretary. Finding that appellants have waived their claims by failing to raise them during the rulemaking process, we affirm.

I.

Under the Agricultural...

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