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AMERICAN MEAT INST. v. U.S. DEPT. OF AGRICULTURE

No. 13-5281.

746 F.3d 1065 (2014)

AMERICAN MEAT INSTITUTE, et al., Appellants v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 28, 2014.

Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for appellants. With her on the briefs were Jonathan L. Abram , Judith E. Coleman , Mary Helen Wimberly , and Elizabeth B. Prelogar.

Daniel Tenny , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Mark B. Stern , Attorney.

Terence P. Stewart was on the brief for intervenors United States Cattlemen's Association, et al. in support of appellees.

Zachary B. Corrigan was on the brief for amici curiae Food and Water Watch, Inc., et al. in support of appellees.

Jonathan R. Lovvorn and Aaron D. Green were on the brief for amicus curiae American Grassfed Association, et al. in support of appellees.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

In 2013 the Agricultural Marketing Service ("AMS"), a branch of the Department of Agriculture, adopted a rule modifying its prior rule implementing Congress's requirements of country-of-origin labeling ("COOL"). Mandatory Country of Origin Labeling, 78 Fed.Reg. 31,367 (May 24, 2013) ("2013 rule"). The rule requires retailers of "muscle cuts" of meat, i.e., covered meat other than ground meat (which is governed by 7 U.S.C. § 1638a...

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