United States DC Circuit

In a petition for review of the Secretary of Agriculture's rule reducing the minimum price required to be paid to milk producers, the petition is denied where 7 U.S.C. section 608c(17)(G) must be read to allow the Secretary an opportunity to determine and consider producers' feed and fuel costs after the evidentiary record is closed, and the Secretary complied with the statute.

Appellate Information

• Argued 04/07/2009
• Decided 07/24/2009
• Published 07/24/2009

Judges

• Before:  ROGERS, TATEL and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Benjamin F. Yale argued the cause for appellants.   With him on the briefs was Ryan K. Miltner.


• For Appellees:
  
• John H. Vetne and Steven J. Rosenbaum argued the cause for appellees Agri-Mark, Inc., et al. and International Dairy Foods Association.  Susan C. Silber entered an appearance., Kelsi Brown Corkran, Attorney, U.S. Department of Justice, argued the cause for federal appellee.   With her on the brief were Gregory G. Katsas, Assistant Attorney General, and Michael S. Raab, Attorney.