Horne v. United States Department of Agriculture

MEMORANDUM

Marvin D. Horne, Laura R. Horne, and Raisin Valley Farms Marketing, LLC (“the Hornes”) petitioned the United States Department of Agriculture (“USDA” or “the agency”) to engage in rulemaking to change the agency’s regulations governing service of final agency orders. USDA denied the petition, and the district court upheld the agency’s decision. We have jurisdiction under 28 U.S.C. § 1291 and remand to the agency for further explanation of its reasons for denying the Hornes’ petition.

The Hornes are California raisin producers. USDA regulates raisin production according to the Raisin Marketing Order (“RMO”), 7 C.F.R. § 989.1 et seq., promulgated under the Agricultural Marketing Agreement Act of 1937 (“AMAA”), 7 U.S.C. § 601 et seq. In March 2007, the Hornes petitioned the agency pursuant to AMAA § 608e(15)(A), seeking an exemption from the RMO. A Judicial Officer (“JO”) dismissed the petition.

Under section 608c(15)(B) of the AMAA, the U.S. District Courts have jurisdiction to review final agency orders, so long as the complaint “is filed within twenty days from the date of the entry of such ruling.” 7 U.S.C. § 608c(15)(B). USDA’s “Rules of Practice Governing…