Arkansas Dairy Cooperative Ass'n v. United States Department of Agriculture
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court by Circuit Judge ROGERS.
Opinion by Circuit Judge GRIFFITH dissenting in part and concurring in the judgment in part.
ROGERS, Circuit Judge:
The Secretary of Agriculture establishes formulas to calculate the minimum, prices that dairy handlers (processors, manufacturers, and distributors) must pay dairy producers (farmers) for milk. 7 U.S.C. § 608c(5). As part of those formulas, the Secretary sets “make allowances,” which represent the costs to handlers in making certain forms of dairy products. In July 2008, the Secretary promulgated an interim rule amending milk marketing…
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