United States First Circuit

In a challenge to the National Organic Program Final Rule, the regulations which permit synthetic substances to be used in processing organic foods are contrary to the plain language of the Organic Foods Production Act, and therefore exceed the Secretary of Agriculture's statutory authority.

Appellate Information

• Decided 01/26/2005
• Published 01/26/2005

Judges

• SCHWARZER, Senior District Judge., Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paula Dinerstein with whom Lobel, Novins & Lamont was on brief for appellant., Susan E. Stokes, Jill E. Krueger, Farmers' Legal Action Group, and Joseph Mendelson III, Center for Food Safety, on brief for Rural Advancement Foundation International-USA, Center for Food Safety, and Beyond Pesticides, Amici Curiae., James Handley, Handley Environmental Law, on brief for Organic Consumers Association, Sierra Club, Public Citizen, Inc., Northeast Organic Farming Association/Massachusetts Chapter, Inc., John Clark, Merrill Clark, Anne Mendenhall, Greenpeace USA, and Waterkeeper Alliance, Amici Curiae.


• For Appellees:
  
• Halsey B. Frank, Assistant United States Attorney, with whom Paula D. Silsby, United States Attorney, was on the brief for appellee.