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PRIME TIME INTERN. v. U.S. DEPT. OF AGRICULTURE

Nos. 13-5200, 13-5204.

753 F.3d 1339 (2014)

PRIME TIME INTERNATIONAL COMPANY, Appellant v. UNITED STATES DEPARTMENT OF AGRICULTURE and Thomas J. Vilsack, Secretary of Agriculture, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2014.

Attorney(s) appearing for the Case

Jerry Stouck argued the cause and filed the briefs for appellant. Precious M. Gittens entered an appearance.

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

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Fair and Equitable Tobacco Reform Act directs the U.S. Department of Agriculture to fund a subsidy program for tobacco growers by imposing monetary assessments on manufacturers of tobacco products. In this case, one such manufacturer argues that USDA's method of calculating assessments for cigars violates the Act. The district court disagreed, concluding that the Department's approach represented...

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