Organization for Competitive Markets v. U.S. Department of Agriculture, No. 17-3723 (8th Cir. 2018)Annotate this Case
The Eighth Circuit denied a petition for review of the USDA's 2017 orders withdrawing an interim final rule and two proposed regulations promulgated under the Packers and Stockyards Act (PSA). The court held that the USDA actions were not arbitrary nor capricious where the USDA provided legitimate regulatory and substantive concerns. In this case, the USDA explained that it was withdrawing the interim final rule and taking no further action on the proposed regulations because the proposed regulatory change of course would generate protracted litigation, adopt vague and ambiguous terms, and might prevent innovation and foster vertical integration that would hinder new market entrants. The court held that the USDA did not unlawfully withhold action by failing to comply with an absolute congressional deadline in Section 11006 of the 2008 Farm Bill.