United States Seventh Circuit

In a suit challenging the U.S. Department of Agriculture's rulemaking process and a resulting amendment to the Mideast Milk Marketing Order, summary judgment for defendant is affirmed where: 1) plaintiff failed to raise a bias claim in a timely fashion; 2) plaintiff did not have standing to mount its Regulatory Flexibility Act challenge; 3) the issuance of the final decision did not exceed the defendant's statutory authority; and 4) defendant's adoption of the present order was not arbitrary or capricious, and defendant did not fail to consider relevant evidence in adopting the current rule.

Appellate Information

• Argued 05/15/2008
• Decided 01/12/2009
• Published 01/12/2009

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, KANNE and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John H. Vetne (argued), Raymond, NH, for Plaintiffs-Appellants.


• For Appellees:
  
• Marvin Beshore (argued), Harrisburg, PA, John H. Lloyd, IV, Plews, Shadley, Racher & Braun, South Bend, IN, Daniel L. Bella, Office of the United States Attorney, Hammond, IN, Samantha Chaifetz (argued), Department of Justice, Washington, DC, Charles M. English, Jr. (argued), Ober, Kaler, Grimes & Shriver, for Defendants-Appellees.