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SUNRISE COOPERATIVE, INC. v. USDA

No. 17-3807.

891 F.3d 652 (2018)

SUNRISE COOPERATIVE, INC., an Ohio cooperative association, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Risk Management Agency, an agency of the United States Department of Agriculture; Federal Crop Insurance Corporation, an agency and body corporate of the United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 4, 2018.

Attorney(s) appearing for the Case

COUNSEL ARGUED: David C. Barrett, Jr., BARRETT, EASTERDAY, CUNNINGHAM & ESELGROTH, LLP, Dublin, Ohio, for Appellant. Jody L. King, UNITED STATES ATTORNEY'S OFFICE, Toledo, Ohio, for Appellees. ON BRIEF: David C. Barrett, Jr., Troy A. Callicoat, Amanda Stacy Hartman, BARRETT, EASTERDAY, CUNNINGHAM & ESELGROTH, LLP, Dublin, Ohio, for Appellant. Jody L. King, UNITED STATES ATTORNEY'S OFFICE, Toledo, Ohio, for Appellees.

Before: COLE, Chief Judge; WHITE and BUSH, Circuit Judges.

OPINION

When Congress speaks clearly, administrative agencies must listen. Congress spoke clearly in the 2008 Farm Bill when it said "an entity that was approved" to provide rebates to its members may continue to do so "in a manner consistent with the payment plan approved." But an agency, under the guise of interpretation...

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