Mississippi Poultry Association, Inc. v. Edward R. Madigan, Secretary of the United States Department of Agriculture

The issue is whether Congress used “same” in 21 U.S.C. § 466(d) to mean “equivalent” or “identical.” Under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), we must effectuate Congress’ choice if Congress has “directly spoken to [this] precise question.” Id. at 843, 104 S.Ct. at 2781-82.1 If Congress did not choose between identicality and equivalence, we must respect the Secretary’s interpretation of section 466(d) if it is “reasonable.” Id. at 844, 104 S.Ct. at 2782-83.

The majority holds that Congress chose identicality…