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United States First Circuit


Harvey v. US Sec'y of Agric., 06-2738

In a suit to enforce a judgment instructing the Secretary of Agriculture to develop new regulations pertaining to the Organic Foods Production Act after the invalidation of previous regulations, grant of the Secretary's motion for relief from the judgment is affirmed where: 1) Congressional amendments to the OFPA in response to the earlier ruling rendered enforcement of the judgment inequitable; and 2) the appellant could not alter the dimensions of his original suit in a post-judgment enforcement proceeding.

Appellate Information

  • Decided 07/24/2007
  • Published 07/24/2007

Judges

  • SELYA, Senior Circuit Judge., Before LIPEZ and NEWMAN , Circuit Judges, and SELYA, Senior Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Paula Dinerstein, with whom Public Employees for Environmental Responsibility was on brief, for appellant., William J. Friedman, with whom Richard D. Dietz and Covington & Burling LLP were on brief, for Organic Trade Association, International Dairy Foods Association, and United Fresh Produce Association, amici curiae.

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