Harlan Land Co. v. U.S. Department of Agriculture

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, SUSPENDING ARGENTINE CITRUS RULE AND REMANDING TO APHIS (Docs. 31 & 36)

On May 21, 2001, the court heard the parties’ Cross Motion for Summary Judgment.

Upon due consideration of the oral and written arguments and the record herein, plaintiffs’ motion for summary judgment is granted and defendants’ motion for summary judgment is denied for the reasons set forth herein.

I. Factual Background

In 1993, Argentina officially requested Animal and Plant Health Inspection Service (“APHIS”), a division of United States Department of Agriculture, to amend its regulations so that lemons, oranges and grapefruit grown in the Argentine States of Catamarca, Jujuy, Salta, and Tucuman could be imported into the United States. Statement of Stipulated Facts, ¶ 1. Two citrus pests, citrus black spot and sweet orange scab, that exist in these Argentine States are not present in the United States. Id. at ¶ 2. APHIS officials visited the Argentina growing areas in May 1994 and determined that they could not fully assess the risk of citrus black spot and sweet orange scab under the protocol…