White Eagle Cooperat v. Vilsack, Thomas J.

RIPPLE, Circuit Judge.

The plaintiffs brought this action against the United States Department of Agriculture (“USDA” or “the Government”), challenging the USDA’s rulemaking process and a resulting amendment to the Mideast Milk Marketing Order. The plaintiffs alleged violations of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. § 601 et seq.; the USDA’s rules of practice, 7 C.F.R. § 900.1 et seq.; the Administrative Procedure Act, 5 U.S.C. § 551 et seq.; the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq.; and the Fifth Amendment’s Due Process Clause. A number of dairy producers…