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8th Circuit Court denies OCM petition

OCM attorneys are reviewing legal options.

January 3, 2019

1 Min Read
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The Eighth Circuit Court of Appeals denied the petition filed by the Organization for Competitive Markets to review the Farmer Fair Practice Rules.

The court found USDA gave “rational reasons for its decision to withdraw,” according to Courthouse News Service.

Circuit Judges James Loken, William D. Benton and Bobby Shepherd wrote, “we are wary of becoming the ultimate monitor of Congressionally set deadlines, as ‘courts are not charged with general guardianship against all potential mischief in the complicated tasks of government.’ Congress gave USDA an ambiguous directive in the 2008 Farm Bill. USDA made extensive efforts to comply, promulgating three final regulations and a proposed regulation on the fourth controversial subject it declined to finalize. Congress has demonstrated on-going interest in the issue, can determine that its directive has been unreasonably delayed, and take appropriate action.”

The Organization for Competitive Markets contends USDA violated a congressional mandate given in the 2008 Farm Bill to publish a regulation outlining criteria around contracting practies by June 2010, according to WNAX. OCM filed the lawsuit after USDA withdrew the final interim rules.

WHO-TV reports the National Pork Producers Council says the rule would have cost the industry $420 million annually.

Attorneys for Organization for Competitive Markets are reviewing legal options.

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