DC Circ. Revives Almond Growers' Suit Over USDA Rule

Law360, New York (August 4, 2010, 2:28 PM EDT) -- A federal appeals court has revived a lawsuit filed by domestic almond producers who challenged a federal rule that required them, but not foreign producers, to pasteurize or chemically treat almonds to prevent salmonella outbreaks.

The U.S. Court of Appeals for the District of Columbia Circuit on Wednesday reversed a lower court's decision to dismiss the case, rejecting the government's argument 2-1 that the Agricultural Marketing Agreement Act of 1937 precluded almond producers from obtaining judicial review of the 2007 rule.

“It certainly helps clarify and...
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