United States DC Circuit

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Koretoff v. Vilsack, 09-5286

In an Administrative Procedure Act challenge to a Department of Agriculture rule mandating that almonds produced in the U.S. be pasteurized or chemically treated to prevent salmonella outbreaks, the dismissal of the action is affirmed in part where the Agricultural Marketing Agreement Act required certain plaintiffs to exhaust their administrative remedies with the Department of Agriculture. However, the judgment is reversed in part where the AMAA did not expressly bar producers' suits, and in light of the decisions of the Supreme Court and the D.C. Circuit, the AMAA did not implicitly bar the producers' claims.

Appellate Information

  • Decided 08/03/2010
  • Published 08/03/2010

Judges

  • Brett Kavanaugh

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • John H. Vetne, Michael P. Abate