Cactus Corner, LLC v. U.S. Dept. of Agriculture

MEMORANDUM DECISION AND ORDER RE: (1) PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT; (2) FEDERAL DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; (3) FEDERAL DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE; and (4) INTERVENOR-DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE

(DOCS. 23, 31, 34, and 39)

I. INTRODUCTION

Cactus Corner, LLC, Venida Packing Company, California Citrus Mutual, and the California Grape and Tree Fruit League (“Plaintiffs”) sue the United States Department of Agriculture, Secretary of Agriculture Ann M. Veneman, and Bobby R. Acord, the Administrator of the Department of Agriculture’s Animal and Plant Health Inspection Service (“Defendants” or “Federal Defendants”) seeking judicial review of a final rule entitled “Importation of Clementines from Spain” (the “Rule”) promulgated in 67 Fed.Reg. 64702 (October 21, 2002), effective October 15, 2002. See Doc. 1, Complaint for Declaratory and Injunctive Relief (“Complaint”) at ¶¶ 1, 4-10. Plaintiffs advance four claims, that the Rule is: (1) inconsistent with and in excess of Defendants’ statutory authority under the Plant Protection Act, 7 U.S.C. §§ 7701 et seq., as provided in section 10 of the Administrative Procedure Act, 5 U.S.C. § 706…