Legal Opinion

Arkansas Dairy Cooperative, Inc. v. United States Department of Agriculture

District Court, District of Columbia

Decided September 19, 2008No. Civ. 08-1426(EGS)PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

This case was filed by a group of dairy producers and cooperatives seeking declaratory and injunctive relief from an interim final order of the U.S. Department of Agriculture (“USDA”) that reduces the minimum prices dairy farmers receive under federal milk marketing orders (“FMMO”). 1 Plaintiffs contend that they would be irreparably harmed by allegedly unlawful changes to the minimum price formulas used to determine prices paid to dairy farmers. They maintain that the interim final rule that increases the “make allowance” 2 factors in the…

2Cases cited33 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Russello v. United StatesSupreme Court of the United States · 1983
  3. Mazurek v. ArmstrongSupreme Court of the United States · 1997
  4. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
  5. Reiter v. Sonotone Corp.Supreme Court of the United States · 1979

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3Cited by8 opinions

  1. Arkansas Dairy Cooperative Ass'n v. United States Department of AgricultureCourt of Appeals for the D.C. Circuit · 2009
  2. Carlin v. DairyAmerica, Inc.Court of Appeals for the Ninth Circuit · 2012
  3. Koretoff v. VilsackDistrict Court, District of Columbia · 2009
  4. Carlin v. DairyAmerica, Inc.District Court, E.D. California · 2013
  5. Gerald Carlin v. Dairyamerica, Inc.Court of Appeals for the Ninth Circuit · 2012

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