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7th Circuit addresses challenges under the RFA

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The 7th Circuit Court of Appeals affirmed summary judgment in favor of the United States Department of Agriculture in a suit challenging the agency's rulemaking process and amendment to a milk marketing order. It was the first time the 7th Circuit had addressed who could bring a challenge to a regulatory flexibility analysis or certification under the Regulatory Flexibility Act.

The case, White Eagle Cooperative Association, et al. v. Charles F. Conner, acting secretary, United States Department of Agriculture, et al.,No. 07-3545, was filed by White Eagle Cooperative Association, a cooperative made up of milk producers, after the USDA amended the Mideast Milk Marketing Order. The Agricultural Marketing Agreement Act ensures producers receive a uniform minimum price for their product, regardless of how it is used; however, the AMAA only protects handlers, who prepare milk for resale. The country is divided into regional areas and governed by milk-marketing orders; White Eagle is part of the Mideast order. The orders provide the details for fixing and enforcing minimum prices handlers have to pay for the milk they buy on a monthly basis.

White Eagle challenged the regulation of diversion limits, which are the maximum percentage a handler can divert to plants that don't participate in the standards under the order. Limits prevent the inclusion in the pool of participating plants of excessive quantities of milk diverted to non-pool plants, which affects the prices paid. After hearing public comments on the issue, the USDA reduced diversion limits.

White Eagle filed suit, alleging various violations, including the USDA violated the Regulatory Flexibility Act by failing to undertake an analysis under the RFA and not supporting its RFA certification with any facts.

The 7th Circuit looked to decisions from the Court of Appeals of the District of Columbia on the RFA issue to adopt the rule that small entities directly regulated by the proposed statute may bring a challenge to the RFA analysis or certification of an agency. Because the amendment to the order concerning diversion limits expressly regulates only the handlers' conduct, White Eagle, as a producer, doesn't have standing to challenge the analysis under the RFA, wrote Judge Kenneth Ripple.

The 7th Circuit also affirmed the grant of summary judgment in favor of the USDA on White Eagle's other alleged violations by the USDA of the Agricultural Marketing Agreement Act, the USDA's rules of practice, the Administrative Procedure Act, and the Fifth Amendment's Due Process Clause. The USDA's adoption of the present order wasn't arbitrary or capricious and the agency considered relevant evidence in adopting the current rule, wrote the judge.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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