Fleming Companies v. Department of Agriculture

EDWARD C. PRADO, Circuit Judge: *

In this appeal, Plaintiff-Appellant Fleming Companies, Inc. challenges the “Batter-Coating Rule,” 1 a regulation promulgated by the U.S. Department of Agriculture (“USDA”) pursuant to the Perishable Agricultural Commodities Act (“PACA”), 2 on two grounds: first, that the rule is invalid pursuant to Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. 3 second, that the USDA’s deci sion-making with regard to the Batter-Coating Rule was “arbitrary and capricious” in violation of the Administrative Procedures Act (“APA”). 4 Essentially for the reasons…