Legal Opinion

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

Court of Appeals for the Fifth Circuit

Decided September 9, 1994No. 92-7420PublishedCited by 37 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Today we must decide whether a critical inspection standard contained in a regulation promulgated by the Secretary of Agriculture (“Secretary”) is contrary to the plain language of § 17(d) of the Poultry Products Inspection Act (“PPIA”). 1

Under the PPIA, Congress devised a two-track system for regulating domestic poultry production: Domestic producers who wish to sell products inter state must comply with the federal standards embodied in the federal regulatory program; 2 domestic producers who wish to sell products only intra state may do so by complying with any state…

2Cases cited35 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
  4. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  5. Connecticut National Bank v. GermainSupreme Court of the United States · 1992

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3Cited by37 opinions

  1. Texas Office of Public Utility Counsel v. Federal Communications CommissionCourt of Appeals for the Fifth Circuit · 1999
  2. Contender Farms, L.L.P. v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 2015
  3. United States v. ParsonsCourt of Appeals for the Fifth Circuit · 2004
  4. Dunn-McCampbell Royalty Interest, Inc. v. National Park ServiceCourt of Appeals for the Fifth Circuit · 2011
  5. City of Dallas v. Federal Communications CommissionCourt of Appeals for the Fifth Circuit · 1997

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